Indian Law about Treasure - (13th February)

- February 13, 2021

Treasure

The Indian Treasure-Trove Act, 1878 - a brief overview :

🌟It was enacted and enforced on 13th February 1878 to amend the law relating to Treasure-trove.

🌟The Indian Treasure Trove Act, 1878 lays down the law regarding buried treasures. It defines treasure as: "anything of any value hidden in the soil, or in anything affixed thereto." It is applicable only for treasures buried for less than 100 years. The procedure is as follows:

🌟 Whenever any treasure exceeding in amount or value ten rupees is found, the finder shall, as soon as practicable, give to the Collector notice in writing of the nature and amount or approximate value of such treasure; of the place in which it was found; 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.

🌟The Collector publishes a notice to allow claimants to assert their rights on a specified date and time. If, upon an enquiry made under section 7, the Collector sees reason to believe 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. If the claimants do not move a Civil Court or the court rejects their claim within the period of stay, the treasure is declared "ownerless". The ownerless treasure goes wholly to the finder, but in case the owner of the property the treasure was found in claims the treasure. it is divided between him and the finder. When two or more persons claim the property the treasure was found in to be theirs, the matter is stayed to allow the claimants to ascertain their rights in a Civil Court.When one person other than the finder claim the treasure to be theirs and the claim is not disputed by the finder, it is distributed between them.When one or more than one persons other than the finder claim the treasure to be theirs and the claim is disputed by the finder, the Collector stays his proceedings to allow the claimants to ascertain their rights in a Civil Court. Pursuant to any order of the Civil Court regarding ownership, the treasure is divided accordingly by the Collector.

🌟If the finder of any treasure fails to give the notice, or does not either make the deposit 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 treasur e, or the money in lieu thereof to which he would otherwise be entitled, shall vest in 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.

🌟For treasures buried for more than 100 years, The Antiquities and Art Treasures Act, 1972 treats is as an "antiquity" and empowers the Central Government to take appropriate action regarding its sale, export, import or preservation.

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