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 Pakistan]
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.
PROCUEDURE 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
saleproceeds 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 Civil Court for the trail of suits.
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 Baluchistan by the British Baluchistan Laws Regulation, 1913
(2 of
), 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 British India”.
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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