Whenever any treasure exceeding in amount or value ten rupees 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. [STATE AMENDMENTS [Tamil Nadu [1] [In Section 4 " (2) The
owner of the place in which the treasure is
found, if he is not the finder, and the occupier of such place, if he is
neither the finder nor the owner, shall also give notice in writing to the
Collector specifying the particulars referred to in clauses (a), (b) and (c) of
sub-section (1), before the expiry of two months from the date on which the
owner or the occupier, as the case may be, becomes aware of the finding of
the treasure."] 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 State 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 'the 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. [STATE AMENDMENTS [Tamil Nadu [2] [In Section 5 In section 5 of the said Act, for the words, figure and brackets "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:--", the following
shall be substituted, namely:-- "The Collector shall on receipt of a notice under
section 4, and may, on receipt of information in any other manner that treasure has been found in any
place, take the following steps, after making such enquiry (if any) as he
thinks fit to make.]]] If the owner of the place in which any treasure is found abets, within
the meaning of the Indian Penal
Code, any offence under section 20, the share of such treasure,
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 which may extend to six months, or
with fine, or with both. [STATE AMENDMENTS [Tamil Nadu [3] [After Section 21 The following section shall be added, namely:-- "22. Penalty on owner or occupier who fails to
give notice under section 4.-- If the owner or occupier of the place in which
any treasure is found,
being aware of the finding thereof, fails to give notice as required by section
4, sub-section (2), he shall be punishable with imprisonment which may extend
to six months, or with fine, or with both."]]]INDIAN TREASURE TROVE ACT, 1878 (TAMIL NADU AMENDMENT)