INDIAN TREASURE TROVE ACT, 1878 (HIMACHAL PRADESH AMENDMENT)

Section 3 - Interpretation clauseTreasure

- In this Act?"

treasure " means anything of any value hidden in the soil, or ' in anything affixed thereto:

" Collector ".-

" Collector " means (1) any Revenue-officer in independent charge of a district, and (2) any officer appointed by the State Government to perform the functions of a Collector under this Act

"Owner".-

When any person is entitled, under any reservation 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.

[STATE AMENDMENTS

[Himachal Pradesh

[1] [After Section 3

The following section shall be inserted, namely:-

?3-A. Permission to discover.-The Government may on application allow any person to discover a treasure on such terms and conditions as it may deem fit.?

Section 9 - Whentreasuremay 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 or

if such suit isf 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 owner lessection

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-authority {.For definition of Chief Controlling Revenue Authority, see the General Clauses Act, 1897 (10 of 1897), section 3 (10).}

Subject to such appeal, every such declaration shall be final and conclusive.

[STATE AMENDMENTS

[Himachal Pradesh

[2] [In Section 9

The words ?Chief Controlling Revenue Authority? the words ?Financial Commissioner? shall be substituted.]

Section 10 - Proceedings sub-sequent 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.

[STATE AMENDMENTS

[Himachal Pradesh

[3] [In Section 10

The words ?either be delivered to the finder thereof, or be divided between him?, the words ?be divided amongst the finder thereof, the Government? shall be substituted.]

Section 11 - When no other person claims as owner of place,treasureto 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.

[STATE AMENDMENTS

[Himachal Pradesh

[4] [In Section 11

The words ?one-third of such treasure to the finder thereof and the remaining two-thirds shall vest in the Government :

Provided that in the case of any agreement between the finder and the Government, the treasure shall be divided in accordance with the terms thereof.?, shall be substituted.]

Section 12 - When only one such person claims and his claim is not disputed,treasureto be divided

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 fourths 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 o such treasure, on such party paying to the Collector of the other party such sum of money as the Collector ma fix as the equivalent of the share of such other party, o of the excess so allotted. as the case may be; 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 uncle section 9 rejected any claim made under this Act by any person of the. 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 an appeal has been so presented, after such appeal has been dismissed.

When the Collector has made a division under this section, he shall to deliver to the parties the portions of such treasure, or the money in de lieu thereof, to which they are respectively entitled under such to division.

[STATE AMENDMENTS

[Himachal Pradesh

[5] [In Section 11

The following shall be substituted, namely:-

?12. When only one such person claims, and his claim is not disputed, treasure to be divided and shares to be delivered to parties.-

(1)     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 or the Government, the Collector shall proceed to divide the treasure between the finder, the Government and the person so claiming according to the provisions of subsection (2).

(2)     If the Government, the finder and the person so claiming or any two of them have not entered into any agreement then in force as to the disposal of the treasure, one-half of the treasure shall be allotted to such finder and the owner in equal shares and the residue shall vest in the Government. If the Government, such finder and such person have entered into any such agreement the treasure shall be disposed of in accordance therewith. In case the Government and such finder only have entered into any such agreement three-forths of the treasure shall be disposed of in accordance with terms thereof and the residue will be allotted to such claimant. If such finder and such claimant only have entered into any such agreement, one-half of the treasure shall be disposed of in accordance therewith and the remaining half shall vest in the Government:

Provided that the Collector may, in any case if he thinks fit, instead of dividing any treasure as directed by this sub-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 be; or

(b)      sell such treasure or any portion thereof by public auction and divide the sale proceeds between the parties according to this sub-section :

Provided further 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 an appeal has been so presented, after such appeal has been dismissed.

(3)     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 division?.]

Section 13 - In case of dispute as to ownership of place, proceedings to be 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 of 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 inquired into and determined by a Civil Court.

[STATE AMENDMENTS

[Himachal Pradesh

[6] [In Section 11

The following sub-sections shall be added, namely:-

?(2)  If the right of any such person who has so appeared and claimed is disputed by the Government, the matter shall be determined by the Collector;

(3)   Any person aggrieved by the decision of the Collector under sub-section (2) may appeal within two months of the date of such decision to the Financial Commissioner.

(4)   Subject to the decision of the appellate authority, the decision of the Collector under sub-section (2) shall be final and conclusive?.]

Section 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 to 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.

[STATE AMENDMENTS

[Himachal Pradesh

[7] [In Section 15

The following shall be substituted, namely:-

?15. Division of treasure on decision of the civil suit.-

(1)     If any such suit is instituted and the plaintiff?s claim is finally established therein or the right of the claimant has been accepted by the Collector or on appeal by the Financial Commissioner, the Co-llector shall subject to the provisions of section 12, divide the treasure between him, the finder and the Government.

(2)     If no such suit instituted as aforesaid, or if the claims of the plaintiff in all such suits are finally rejected or the right of the claimant has been rejected by the Collector and also by the Financial Commissioner in case of appeal, the Collector shall subject to the provisions of section 11, divide the treasure between the finder and the Government.]

Section 16 - Power to acquire thetreasureon behalf of the 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 I it were such treasure or portion.

[STATE AMENDMENTS

[Himachal Pradesh

[8] [In Section 16

The following shall be substituted, namely:-

16. Power to acquire shares of owners and finder.--

The Collector may, at any time, after making a declaration under section 9 and before delivering to the finder or owner his share of the treasure as divided by him in accordance with the provisions of this Act, declare by writing under his hand his intention to acquire on behalf of the Government the share of the finder or owner or both, by payment to the persons entitled thereto, of sum equal to the value of the materials of their share or shares of the treasure, together with one-fifth of such value, and may place such sum in deposit in the treasury to the credit of such person; and thereupon such share or shares of the treasure shall be deemed to be the property of the Government and the money so deposited shall be dealt with, as far as may be, as if it were the share or shares of the treasure of such persons?.]