Updated: Saturday May 20, 2017/AsSabt
Sha'ban 24, 1438/Sanivara
Vaisakha 30, 1939, at 02:13:22 AM
1 The Treasure-Trove Act, 1878
(ACT
NO. VI OF 1878)
[13th February,
1878]
An
Act to amend the law relating to Treasure-trove
Preamble.- WHEREAS it is expedient to amend the law relating to
treasure-trove; it is hereby enacted as follows:---
PRELIMINARY
1. Short title, Extent.-
This Act may be called the 2[***] Treasure-trove Act, 1878.
It extends to 3[the whole
of
4[*********]
5[2. Repeal of enactments. ********]
3. Interpretation
clause.- In this Act,---
Treasure.- “treasure” means anything of any value hidden in the soil,
or in anything affixed thereto.
Collector.- “Collector” means (1) an Revenue-officer in independent
change of a district, and (2) any officer appointed by the 6[Provincial
Government] to perform the functions of a Collector under this Act.
Owner.- When any person is entitled, under any reservations in an
instrument of transfer of any land or thing affixed thereto, to treasure in
such land or thing, he shall, for the purposes of this Act, be deemed to be the
owner of such land or thing.
PROCEDURE
ON FINDING TREASURE
4. Notice by finder of
treasure.- Whenever any treasure exceeding
in amount or value tem rupees is found, the finder shall, as soon as
practicable, give to the Collector notice in writing,---
(a) of the nature and amount
or approximate value of such treasure;
(b) of the place in which
it was found;
(c) of the date of the
finding;
and either deposit the
treasure in the nearest Government treasury, or give the Collector such
security as the Collector thinks fit, to produce the treasure at such time and
place as he may from time to time require.
5. Notification
requiring claimants to appear.- On
receiving a notice under section 4, the collector shall, after making such
enquiry (if any) as he thinks fit, take the following steps (namely):---
(a) he shall publish a
notification in such manner as the 7[Provincial Government] from time
to time prescribes in this behalf, to the effect that on a certain date (mentioning
it) certain treasure (mentioning its nature, amount and approximate value) was
found in a certain place (mentioning it); and requiring all persons claiming
the treasure, or any part thereof, to appear personally or by agent before the
Collector on a day and at a place therein mentioned, such day not being earlier
than four months, or later than six months, after the date of publication of
such notification;
(b) when the place in which
the treasure appears to the Collector to have been found was at the date of the
finding in the possession of some person other than the finder, the Collector
shall also serve on such person a special notice in writing to the same effect.
6. Forfeiture of right
on failure to appear.- Any person having
any right to such treasure or any part thereof, as owner of the place in which
it was found or otherwise, and not appearing as required by the notification
issued under section 5, shall forfeit such right.
7. Matters to be
enquired into and determined by the Collector.- On the day notified under section 5, the Collector shall
cause the treasure to be produced before him, and shall enquire as to and
determine,---
(a) the person by whom, the
place in which, and the circumstance under which, such treasure was found; and
(b) as far as is possible,
the person by whom, and the circumstances under which, such treasure was
hidden.
8. Time to be allowed
for suit by person claiming the treasure.- If,
upon an enquiry made under section 7, the Collector sees reason to believe that
that the treasure was hidden within one hundred years before the date of the finding,
by a person appearing as required by the said notification and claiming such
treasure, or by some other person under whom such person claims, the Collector
shall make an order adjourning the hearing of the case for such period as he
deems sufficient, to allow of a suit being instituted in the Civil Court by the
claimant, to establish his right.
9. When treasure may be
declared ownerless.- If upon such enquiry
the Collector sees no reason to believe that the treasure was so hidden; or
if, where a period is fixed
under section 8, no suit is instituted as aforesaid within such period to the
knowledge of the Collector; or
if such suit is instituted
within such period, and the plaintiff’s claim is finally rejected, the
collector may declare the treasure to be ownerless.
Appeal against such
declaration.- Any person aggrieved by a
declaration made under this section may appeal against the same within two
months from the date thereof to the Chief Controlling Revenue-authority8.
Subject to such appeal,
every such declaration shall be final and conclusive.
10. Proceedings
subsequent to declaration.- When a
declaration has been made in respect of any treasure under section 9, such
treasure shall, in accordance with the provisions hereinafter contained, either
be delivered to the finder thereof, or be divided between him and the owner of
the place in which it has been found in manner hereinafter provided.
11. When no other person
claims as owner of place, treasure to be given to finder.- When a declaration has been made in respect of any treasure
as aforesaid, and no person other than the finder of such treasure has appeared
as required by the notification published under section 5 and claimed a share
of the treasure as owner of the place in which it has been found, the Collector
shall deliver such treasure to the finder thereof.
12. When only one such
person claims and his claim is not disputed, treasure to be divided, and shares
to be delivered to parties.- When a
declaration has been made as aforesaid in respect of any treasure, and only one
person other than the finder of such treasure has so appeared and claimed, and
the claim of such person is not disputed by the finder, the Collector shall
proceed to divide the treasure between the finder and the person so claiming according
to the following rule (namely):---
If the finder and the
person so claiming have not entered into any agreement then in force as to the
disposal of the treasure, three-fourth of the treasure shall be allotted to
such finder and the residue to such person. If such finder and such person have
entered into any such agreement, the treasure shall be disposed of in
accordance therewith:---
Provided that the Collector
may, in any case, if he thinks fit, instead of dividing any treasure as
directed by this section,---
(a) allot to either party
the whole or more than his share of such treasure, on such party paying to the
Collector for the other party such sum of money as the Collector may fix as the
equivalent of the share of such other party, or of the excess so allotted, as
the case may; or
(b) sell such treasure or
any portion thereof by public auction, and divide the sale proceeds between the
parties according to the rule hereinbefore prescribed:---
Provided also that, when
the Collector has by his declaration under section 9 rejected any claim made
under this Act by any person other than the said finder or person claiming as
owner of the place in which the treasure was found, such division shall not be
made until after the expiration of two months without an appeal having been
presented under section 9 by the person whose claim has been so rejected, or
when a appeal has been so presented, after such appeal has been dismissed.
When the Collector has made
a division under this section, he shall deliver to the parties the portions of
such treasure or the money in lieu thereof, to which they are respectively
entitled under such division.
13. In case of dispute
as to ownership of place, proceedings to by stayed.- When a declaration has been made as aforesaid in respect of
any treasure, and two or more persons have appeared as aforesaid and each of
them claimed as owner of the place where such treasure was found, or the right
of any person who has so appeared and claimed is disputed by the finder of such
treasure, the Collector shall retain such treasure and shall make an order
staying his proceedings with a view to the matter being enquired into an
determined by a Civil Court.
14. Settlement of such
dispute.- Any person who has so appeared
and claimed may, within one month from the date of such order, institute a suit
in the Civil Court to obtain a decree declaring his right ; and in every such
suit the finder of the treasure and all persons disputing such claim before the
Collector shall be made defendants.
15. And division
thereupon.- If any such suit is instituted
and the plaintiff’s claim is finally established therein, the Collector shall,
subject to the provisions of section 12 divide the treasure between him and the
finder.
If no such suit is instituted
as aforesaid, or if the claims of the plaintiff’s in all such suits are finally
rejected, the Collector shall deliver the treasure to the finder.
16. Power to acquire the
treasure on behalf of Government.- The
Collector may, at any time after making a declaration under section 9, and
before delivering or dividing the treasure as hereinbefore provided, declare by
writing under his hand his intention to acquire on behalf of the Government the
treasure, or any specified portion thereof, 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 may place such sum in
deposit in his treasury to the credit of such persons; and thereupon such
treasure or portion shall be deemed to be the property of Government, and the
money so deposited shall be dealt with, as far as may be, as if it were such
treasure or portion.
17. Decision of
Collector is final, and not suit to lie against him for acts done bona fide.- No decision passed or act done by the Collector under this
Act shall be called in question by any Civil Court, and no suit or other
proceedings shall lie against him for anything done in good faith in exercise
of the powers hereby conferred.
18. Collector to exercise
powers of Civil Court.- A Collector making
any enquiry under this Act may exercise any power conferred by the Code of
Civil Procedure9 on a
19. Power to make
rules.- The 10[Provincial Government]
may, from time to time, make rules11 consistent with this Act to
regulate proceedings hereunder.
Such rules shall, on being
published in the 12[official Gazette], have the force of law.
PENALTIES
20. Penalty on finder
failing to give notice, etc.- If the
finder of any treasure fails to give the notice, or does not either make the
deport or give the security, required by section 4, or alters or attempts to
alter such treasure so as to conceal its identity, the share of such treasure,
or the money in lieu thereof to which he would otherwise be entitled, shall
vest in 13[Government], and he shall, on conviction before a
Magistrate, be punished with imprisonment for a term which may extend to one
year, or with fine, or with both.
21. Penalty on owner or
abetting offence under section 20.- If the
owner of the place in which any treasure is found abets, within the meaning of
the 14[Pakistan Penal Code], any offence under section 20, the
share of such treasure, or the money in lieu thereof to which would otherwise
be entitled, shall vest in 15[Government], and he shall, on conviction before a
Magistrate, be punished with imprisonment which extend to six months, or with
fine, or with both.
16[SCHEDULE]
1 For the Statement of Objects and Reasons,
see Gazette of India, 1876, Pt. V., p. 1463; for discussions in Council ,
see ibid,
Supplement, pp. 1288 and 1326; ibid., 1878 pp. 207 and 287.
This Act
has been declared to be in force in
1913), s.
3 ;
It has
also been extended to the Leased Areas of Baluchistan, see the Leased Areas
(Laws) Order, 1950 (G.G.O. 3 of
1950); and
also applied in the Federated Areas of Baluchistan, see Gazette of India, 1973,
Pt. I, p. 1499.
It has
been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the
Act is applicable in the
N.W.F.P.,
subject to certain modifications; and extended to the Excluded Area of Upper
Tanawal (N.W.F.P.) other
than
Phulera with effect from such date and subject to such modifications as may be
notified; see N.W.F.P. (Upper
Tanawal)
(Excluded Area) Laws Regulations, 1950.
2 The word “Indian” rep. by the Federal Laws
(Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and II
Sch.
3 Subs. By the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with
effect from the
14th October, 1955), for “all the Provinces and Capital of the
Federation” which had been subs. By A.O., 1949, Arts.
3(2) and
4, for “the whole of
4 The words “And it shall come intr force at
once” rep. by the Repealing and Amending Act, 1914 (X of 1914).
5 Omitted by the Repealing and Amending Act,
1891 (XII of 1891).
6 Subs. By A.O., 1937, for “L.G.”.
7 Subs. By A.O., 1937, for “L.G.”
8 For definition of Chief Controlling
Revenue-authority, see the General Clauses Act, 1897 (X of 1897), s. 3 (9a).
9 See now the Code of Civil Procedures, 1908
(Act V of 1908).
10 Subs. By A.O., 1937, for “L.G.”.
11 For rules made under this section, see
different local Rules and Orders.
12 Subs. by A.O., 1937, for “local Gazette”.
13 Subs. by A.O., 1961, Art. 2, for “Her
Majesty” (with effect from the 23rd March, 1956.
14 XLV of 1860.
15 Subs. by A.O., 1961, Art. 2, for “Her
Majesty” (with effect from the 23rd March, 1956.
16 Omitted by the Repealing and Amending Act, 1891 (XII of 1891).
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