The Indian Treasure-trove Act, 1878

This Act may be called the Indian Treasure-trove Act, 1878. Extent.--It extends to the whole of India except 1[the territories which, immediately before the 1stNovember, 1956, were comprised in Part B States]. 2* * * * * STATE AMENDMENT Maharashtra In the principal Act,--In section 1,-- (i) to the second paragraph the following proviso shall be added, namely:-- "Provided that on the commencement of the Indian Treasure-trove (Extension to Hyderabad andSaurashtra area of Bombay State) Act, 1957 (Bom. XXXIII of 1958), this Act shall also extend to andbe in force in, the Hyderabad and Saurashtra area of the State of Bombay." (ii) against the proviso so inserted the marginal note "commencement in certain areas" shall beinserted; [Vide Bombay Act XXXIII of 1958, s. 3]

[Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891 (12 of 1891), s. 2 and theFirst Schedule.

In this Act-- Treasure.-- "treasure" means anything of any value hidden in the soil, or in anything affixedthereto; Collector.-- "Collector" means (1) any Revenue Officer in independent charge of adistrict, and (2) any officer appointed by the State Government to perform the functionsof a Collector under this Act. Owner.--"OWNER" means when any person is entitled, under any reservation in an instrument oftransfer of any land or thing affixed thereto, to treasure in such land or thing, he shall, for thepurposes of this Act, be deemed to be the owner of such land or thing.

Whenever any treasure exceeding in amount or value ten rupees isfound, 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 suchsecurity as the Collector thinks fit, to produce the treasure at such time and place as he mayfrom time to time require.

On receiving a notice under section 4, theCollector 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 State Government from time totime prescribes in this behalf, to the effect that, on a certain date (mentioning it) certaintreasure (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 appearpersonally or by agent before the Collector on a day and at a place therein mentioned, suchday not being earlier than four months, or later than six months, after the date of thepublication of such notification; (b) when the place in which the treasure appears to the Collector to have been found was atthe date of the finding in the possession of some person other than the finder, the Collectorshall also serve on such person a special notice in writing to the same effect.