INDIAN TREASURE TROVE ACT, 1878

Introduction

In 1861

Archaeological survey of India was established under Alexander Cunningham

Alexander Cunningham’

The Indian Treasure-Trove Act, was enacted, (12th,February,1878) during the viceroyalty of Lord Lytton

Lord Lytton

Salient features of Treasure Trove Act,1878

A. It defines treasure as anything of value hidden in the soil. B. When treasure over Rs. 10 is discovered, the finder must inform

the collector and deposit the treasure or give security for its custody. Concealment is a criminal offence.

C. An inquiry is held upon notice; if declared ownerless the finder has three-fourths and the owner of the ground one-fourth.

D. The Government, however, has the right of pre-emption

OBJECTIVES

o o To protect and preserve the treasure found

accidentally which has the archaeological . and historical value.

o To protect and preserve such treasures and theiro lawful disposal.

Definitions

Treasure : means anything of any value hidden in the soil, or in anything affixed thereto.

Collector : means (1) any Revenue-officer in independent charge of a district, and (2) any officer appointed by the Government to perform the

functions of a Collector under this Act.

Duty of the finder of treasure

Whenever any treasure exceeding in amount or value ten rupees is found, the finder shall, give notice in writing to the Collector with the following particulars— (a) The nature and amount or approximate value of such

value of treasure (b) The place in which it was found (c) The date of the finding and (d) either deposit the treasure in the nearest Government Treasury, or e) give the Collector such security as the Collector thinks fit, to produce the

treasure at such time and place as be may from time to time require.(sec 4)

Steps to be taken by the Collector before declaration

On receiving notice under Section 4 after making enquiry, he can take following steps:

a) he shall publish a notification in such manner as the Government prescribes in this behalf.

b) he can order all persons claiming the treasure, to appear on such day not being earlier than four months, or later than six months, after the date of the publication of such notification either personally or by agent on a day and at a place therein mentioned.

Matters to be determined by the collector

On the day notified, the Collector shall cause the treasure to be produced before him, and shall enquire as to and determine—

a)the person by whom, b)the place in which, c)the circumstances under which, such treasure was found and

d) the person by whom, and the circumstances under which, such treasure was hidden (Sec-7)

No claim

if there is reason to believe that the treasure was hidden or deposited more than a hundred years previously, no claim of any outside person shall be admitted

Right to treasure

If the Collector sees reason to believe that the treasure was hidden within 100 years by the claimant or the person through whom the claimant is claiming, he shall adjourn the hearing of the case.

He shall allow the claimant to file a suit in civil court to establish his right to treasure.(Sec 8)

(Here the suit is required to be filed by a person who claims that he or his predecessor-in-interest had hidden the treasure within 100 years

before the date of finding.)

Ownerless Treasure

After the enquiry, if the Collector does not come to a conclusion that the treasure was hidden by the claimant within a period of 100 years, he may declare such treasure to be ownerless.

Secondly, if the Collector has fixed a time for filing a suit under Section 8 of the Act and no such suit is instituted within that period, the Collector may declare the treasure to be ownerless and

Thirdly if such a suit is filed and it is rejected, Appeal may be preferred against the order within two months from

the date thereof to chief controlling Revenue Authority. Subject to appeal , such declaration is final conclusive(Sec 9)

Steps To Be Taken By The Collector After Declaration

Where a declaration has been made under Section 9 declaring the treasure to be ownerless, the treasure is to be delivered to the finder of the treasure or divided between the finder and the owner of the place. (Sec 10)

If there is no claim other than the finder, the treasure is to be handed over to the finder. (Sec 11).

Where the owner of the place has filed a claim and such claim is not disputed by the finder, the treasure is to be divided in accordance with any rules as provided in the Section or as per agreement between the finder and the owner.

If there is no such agreement, 3/4th of the treasure is to be given to the finder and the residue to such owner.

Dispute As To Ownership Of The Place

If there is any dispute relating to ownership of the place, that dispute is to be resolved by a Civil Court. (Sec 13 & Sec14 )

As per court order, the Collector has to take steps to divide the treasure between the successful party and the finder (Sec 12).

if no such suit by the alleged owner of the land is filed or such suit is dismissed, the Collector is required to deliver the treasure to

the finder.(Sec 15)

Power to acquire the treasure on behalf of government

The Collector may, at any time after making a declaration and before delivering or dividing the treasure, declare by writing his intention to acquire on behalf of the Government the treasure, by payment to the persons entitled thereto of a sum equal to the value of the materials of such treasure or portion, together with one-fifth of such value, and there upon such treasure shall be deemed to be the property of Government. (Sec 16)

Punishment for the finder failing to give notice

If the finder of any treasure fails to give notice, or does not comply Section 4 of the Act, he shall be punished with imprisonment for a term which may extend to one year, or with fine or with both.(Sec 20)

Punishment for the owner of the place who abets

* If the owner of the place in which any treasure is found abets, any offence, under Sec 20.

* He shall be punished with imprisonment which may be extended to six months, or with fine, or with both.

* His entitlement on treasure, or the money in lieu thereof, shall vest in Government (Sec 21).

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