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Section 1 – Treasure Trove Act,1878

Treasure Trove Act,1878

Section 1. Short title

[ACT NO. 6 of 1878]1

[13th February,1878]

STATEMENT OF OBJECTS AND REASONS

“The law of treasure trove is in a very unsatisfactory state. At present, there is one law in Madras and another in Bengal, while it is doubtful what the law is in Bombay, and in the three Presidency-towns probably the English law prevails. Moreover, the law everywhere is bad and ineffective, and gives every inducement to finders to conceal or make away with their discoveries; and yet there is a good deal of treasure buried in India and much of it of very high antiquarian and historical interest.

Under these circumstances, the present Bill has been prepared. It provides, among other things, that-

(a) the finder shall give notice to the Collector of the District of the discovery of treasure, and either deposit the treasure in the Government Treasury, or give security for producing it when required;

(b) notice shall be given by the Collector to the owner or owners of the land where the treasure was found;

(c) the discovery of the treasure shall be advertised, and all claimants desired to come forward within six months;

(d) 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;

(e) in the case of treasure found in a public place, such as in digging a road, a railway, or a canal, such treasure shall vest, if more than a hundred years old, or if unclaimed, in the proportion of three-fourths in the finder and one- fourth in Government; and

(f) if the land or other property on which the treasure is found belongs to a private party, then the latter shall receive the Government share, unless the finder has made any previous agreement with such owner or owners in which case the division shall be regulated according to that agreement.

The Bill adopts the principle of certain recent legislation in the north of Europe, which has practically worked well.” -Gazette of India. 1876. Part V, p. 1463.An Act to amend the law relating to Treasure-trove.

COGNATE ACTS AND PROVISIONS

1. Antiquities and Art Treasures Act, 52 of 1972.

2. Ancient Monuments and Archaeological Sites and Remains Act,24 of 1958.

3. Kerala Treasure-Trove Act, 30 of 1968 (Kerala).

4. Mysore Treasure Trove Act,23 of 1963 (Mysore).

ACT HOW AFFECTED BY SUBSEQUENT LEGISLATION

Adapted by A.O.,1937; 2 A.L.O.,1956.

Adapted in Madras by Mad. (Add. Ter.) A.L.O.,1961.

Amended in its application to

Andhra Pradesh by Andh. Pra. Acts 7 of 1959; 10 of 1963; 15 of 1972;

Bihar by Bihar Act 22 of 1917;

Bombay by Bom. Act 33 of 1958;

Himachal Pradesh by H. P. Act 16 of 1972;

Laccadive Minicoy and Amindivi Island by Regn. 8 of 1965;

Punjab by Punj. Act 24 of 1960;

Tamil Nadu by T. N. Act 36 of 1949.

Extended by Acts 59 of 1949; 30 of 1950; Regns. 6 of 1963; 7 of 1963; 11 of 1963;-8 of 1965.

Extended in Andhra Pradesh by A. P. Act 7 of 1959.

Extended in Bombay by Bom. Acts 4 of 1950; 33 of 1958.

Extended in Madhya Pradesh by M. P. Acts 12 of 1950; 40 of 1961.

Extended in Punjab by Punj. Acts 5 of 1950; 24 of 1960.

Extended in Tamil Nadu by T. N. Acts 35 of 1949; 23 of 1960.

Repealed in part by Acts 12 of 1891; 10 of 1914; Kerala Act 30 of 1963; M. P. Act 40 of 1961; Mys. Act 23 of 1963.

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 enacte d as follows:-

——————–

1. For the Statement of Objects and Reasons, see Gazette of India,1876, Part V, page 1463.

This Act has been declared to be in force in Sonthal Parganas (now in Bihar) by the Sonthal Parganas Settlement Regulation (3 of 1872), section 3; Kondmala District by the Khondmals Laws Regulation,1936 (4 of 1936), section 3 and Schedule; and Annual District by the Angul Laws Regulation,1936 (5 of 1936), section 3 and Schedule. This Regulation has now been repealed by Orissa Act (19 of 1967); Angul is now a sub-division of Dhenkanai District in Orissa, Khondmals is now a district in Orissa See Orissa Act 22 of 1963, section 3.

It has also been declared by notification under section 3(a) of the Scheduled Districts Act,1874 (14 of 1874), to be in force in the Scheduled Districts of Hazaribagh, Lohardaga and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singhbhum (All these in Bihar now) See Gazette of India,1881, Part I, page 504. (The District of Lohardaga included at that time the present District of Palamau, which was separated in 1894; Lohardaga is now called the Ranchi District; see Calcutta Gazette,1899, Part 1, page 44.)

This Act has been extended to and shall be in force in

(a) the new provinces and merged States See Act 49 of 1949, S. 3 (1-1-1950);

(b) the Union territories of Manipur, Tripura and Vindhya Pradesh See Act 30 of 1950, section 3 (16-4-1950); Manipur and Tripura are full States now (see Act 81 of 1971), V.P. is a part of Madhya Pradesh State (see Act 37 of 1956), S. 9.

(c) the States merged in the State of Bombay (Bombay is now split up into 2 States Gujarat and Maharashtra) See Bom. Act 4 of 1950;

(d) the Hyderabad and Saurashtra area of the State of Bombay See Bom. Act 33 of 1958, S. 2 (10-4-1958); Hyderabad State has been disintegrated parts of it going to Andhra Pradesh, Maharashtra and Mysore States See Act 37 of 1956;

(e) the transferred territories of the State of Andhra Pradesh See Andh. Pra. Act 7 of 1959, S. 3;

(f) the States merged in the former State of Madhya Pradesh See M. P. Act 12 of 1950;

(g) the States of Pudukottal, Banganappalle and Sandur merged in the State of Madras (Tamil Nadu) See Mad. Act 35 of 1949, S. 3 and Sch. I (1-1-1950); Sandur is now a part of Mysore State;

(h) Kanyakumari district and the Chencottah taluk in the Tirunelveli district transferred to the State of Madras See Mad. Act 23 of 1960, S. 3 and Sch. I;

(i) States merged in the State of Punjab See Punj. Act 5 of 1950;

(j) Union territory of Dadra and Nagar.Haveli See Regn. 6 of 1963 (1-7-1965);

(k) Union territory of Pondicherry See Regn. 7 of 1963 (1-10-1963);

(1) Union territory of Goa, Daman and Diu See Regn. 11 of 1963 (1-2-1965);

(m) Union territory of Laccadive, Minicoy and Amindivi Islands See Regn. 8 of 1965 (1-10-1967). The Islands are now known as Lakshadweep See Act 34 of 1973.

The Act has been repealed in Kerala and Mysore See Ker. Act 30 of 1968 and Mys. Act 23 of 1963

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 1st November 1956, were comprised in Part B States].

2[* * * ** ].

STATE AMENDMENTS

Andhra Pradesh

In its application to the State of Andhra Pradesh, in section 1, after the expression “comprised in Part B States”, insert the expression “other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act,1958”. Andh. Pra. Act 7 of 1959, S. 4.

Gujarat

In its application to the Saurashtra area of
the State of Gujarat, see under Maharashtra Act 11 of 1960, S. 87 (1-5-1960).

Madhya Pradesh

In its application to the State of Madhya Pradesh, in section 1, after the words “Part B States” insert the words “other than Madhya Bharat and Sironja regions of the State of Madhya Pradesh. M.P. Act 40 of 1961, S. 3 and Sch. I, Part A (1-2-1962).

Maharashtra

In its application to the State of Bombay, in section 1,

(i) to the second paragraph add the following proviso, namely :

“Provided that on the commencement of the Indian Treasure-trove (Extension to Hyderabad and Saurashtra areas of Bombay State) Act,1957, this Act shall also extend to, and be in force in the Hyderabad and Saurashtra areas of the State of Bombay”;

(ii) against the proviso so inserted the marginal note “commencement in certain areas” shall be inserted. Bom. Act 33 of 1958, 8.2(10-4-1958).

Punjab, Haryana, Chandigarh

In its application to the State of Punjab, add to section I, the following proviso, namely :

“Provided that it shall extend to the territories which, immediately before that date, were comprised in the State of Patiala and East Punjab States Union.” Punj. Act 24 of 1960, S. 2 (30-5-1960).

Tamil Nadu

In its application to the added territories in the State of Tamil Nadu, in section 1, as amended by Andhra Pradesh Act 7 of 1959, omit the words “other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act,1956”. T. N. (Added Territories) A.L.O.,1961 (w.r.e.f. 1-4-1960).

——————–

1. Substituted for the words “Part B States” by 2 A. L. 0.,1956 (w.e.f. 1-11- 1956).

2. The words “And it shall come into force at once” were omitted by the Re- pealing and Amending Act,1914 (10 of 1914).

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