Kerala act 030 of 1968 : The Kerala Treasure Trove Act, 1968 (No.30 of 1968)

'

139

THE KERALA TREASURE TROVE

ACI',

1968

(Act ^30of

1968)

CONTENTS

PREAMBLE.

SECTIONS

Preliminary O ^1.Short

title,

extent^andcommencement. Definitions.

0

Procedure ^on

Finding

Treasure Trove Notice

by

finder^oftreasure trove. Notification

requnring

claimants ^to

appear. Forfeiture of

right ^on

failure ^to

appear. Matters ^tobe

enquired ^into

and determined

by ^the

Collector. Time ^to

be allowed ^forsuit

by

person

claiming

the treasure trove

When treasure trove

may^be

declared ownerless.

Q 9.

Proceeding

subsequent

to

declaration.

10. When ^no

other person claims^as

owner of

th'

place.

treasure trove to be given

to the

finder.

11. When

only ^one

person claims^andhisclaim

is^not

disputed, treasure

trove to be divided.

12. In case of

dispute ^{as to}

ownership

of

place,

proceedings

to be stayed.

13. Settlement

of

dispute.

14. Division of treasure trove

on the establishment ofclaim

in court.

15. Power^to

acquire

treasure trove ^on

behalf

of the

Govern- ment. Name?

9°

0

16. Decision^ofCollector

final^andnosuit^tolie

against

him^for

0

acts

done

in

good

faith.

17. Collector ^to

exercise powers ^ofcivil court.

18.

Penalty ^onfinder

failing ^to

give

notice, ^etc.

19.

Penalty ^onowner

abetting

offence under section 18.

20.

Penalty ^onowner ^or

OCCupier

for failure ^to

give

notice under section ^3.

21. Power ^tomake rules.

22.

Repeal.

140

TAE KERALA

TREASURE TROVE

ACT,

1968' Act ^30of1968 An Act to

unzjj:

the laws

relating

to

treasure trove in the

Stale

of .'ferala Preamble.—-VVHrRi-:As ^it

is

expedient

to

unify

the laws

relating ^to treasure trove in

the State

of

Kerala;

BE

it enacted in the

Nineteenth Year

of

the

Republic

of India

as follows:— Preliminary

1.

Short

title,

extent^and

commencement.—(l)

This ^Actmay^becalled the Kerala Treasure Trove

Act,

1968.

(2) ^It

extends ^{to the}whole^oftheState^ofKerala.

(3) ^Itshall^comeintoforce^atonce.

2.

DefmttionL—In

this

Act,

unless

the context otherwise requires,—

(a)

"Collector"

means ^the

Collector ^ofadistrict ^{or any}other officer

appomted

by ^the

Government ^to

exercise the powers and per- form the

functions

of ^a

Collector

under

this

Act; b)

"owner", ⁱⁿrelation^{to anylandor}

thing,

means ^anyperson who is

entitled,

under any reservation ^inaninstrument

of transfer of such land ^or

thing

affixed

thereto, ^to

treasure

trove^{in such landor} thing;

(6)

"treasure trove" means

money, bullion^orother valuables found

hidden^{in the}

earth, ^theowerofwhich ^is

unknown. Procedure on

Finding

Treasure

Trove

3.

Notice

by finder of

treasure

Irove.—(l)

Whenever any

treasure trove- (i)

exceeding, ⁱⁿamount^or

value,

twenty-five rupees; ^or

(u) ^of

historical,

archaeological ^or

artistic

interest,

whatever be its

value, is

found,

the finder

shall, ^{as soonas}

practicable,

give ^to

the Collector notice ⁱⁿ

writing—

(a) ^{of the}

nature ^andamount^or

approximate

value^ofsuch treasure

trove;

(b) ^{of the}

place ⁱⁿ

which^itwas

found; ^and '

Published

in

the

Gazette

Extraordinary

No 266

dated [2111

December,

1968

_ - __._ __

__

_-__'___...__J -__.___._'..

.:0

i

.._.__.z_ E"

CD

141

(c) ^{ofthedate ofthe}

finding, and shall either

deposit ^thetreasure troveⁱⁿ

the

nearest Government treasury ^or

give ^theCollector^such

security ^astheCollecor thinks

fit, to

produce

the

treasure trove ^at

such

time and

place ^ashe may, from time ^to

time,

require.

2. The owner of the

place ⁱⁿ

which

the treasure trove is

found, if he^isnotthe

finder, ^{and the}

occupier ^of

such

place ^ifheisneither the finder^northeowner, shall

also

give

notice in

writing ^tothe Collector

specifying ^the

particulars

referred ^toinclauses

(a), (b) ^and

(c) ^ofsub-

section

(1),

before ^the

expiry^ofonemonth^{fromthedateon} which ^theowner^orthe

occupier, ^asthecase

may be,

becomes aware of the

finding

of ^thetreasure trove.

(3) ^Ifany

question

arises ^asto

whether ^theamount ^or

value ^of a

treasure trove exceeds

twenty-five rupees

or

whether a treasure trove is of

historical,

archaeologi2al ^or

artistic

interest,

the

question

shall

be referred to^the

Collector who shall

decide

the same^andhis

decision shall be final: ^/ Provided that

where

the

question

referred to^isas to whether ^a treasure

trove is of

historical, archaeological

or artistic

interest,

the Collector

shall,

before

deciding

the

question,

consult the

Director

of Archaeology.

4.

Notification

requiring

claimants

to

ap,bear.—(l)

The Collector shall, ^on

receipt ^ofanotice under

section

3, ^andmay, ^on

receipt^of information in any other manner that a

treasure trove has

been found in any

place,

take the

following steps

after

making

such

enquiry,

if any, ^ashe thinks fit ^to

make, namely:—

(a) ^heshall

publish ^a

notification ^{insuchform andin such} manner as

may be

prescribed by

rules

made under this Act

requiring all persons claiming

the treasure trove

or

any part thereof

to

appear personally ^or

by agent

before^theCollector^ona

day ^{andat a}

place therein

specified, ^such

day

not

being

earlier

than

one

month,

or later than ^two

months,

after the date of the

publication

of such

notification;

(b) ^whenthe

place ⁱⁿwhich^thetreasure trove

appears ^tothe 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.

(2)

Where^thefinder^ofa

treasure trove fails^to

give

notice^as required

under section^{3 andthe}Collector receives informationⁱⁿany other

manner that^atreasure trove has

been

found,

the

Collector may, if he is satisfied

that

there^is

a likelihood

of

the treasure trove

being removed,

search^for

seize ^{andtake into}

custody, ^thetreasure

trove, before

taking

action under sub-section

(1).

r

142

5.

Forfeiture of

right

on

failure

to

appear.—Any person

having any

right ^tosuch treasure

trove^or

any part

thereof ^as

owner of the place ⁱⁿ

which^itwas

found ^or

otherwise, ^andnot

appearing ^as

required by ^the

notification

issued under

sub-section

(1) ^of

section ^{4-on the}

day specified ^{in that}

notification, ^{oron such}

subsequent day ^as

may^be fixed

by

the Collector

for

sufficient reason, shall forfeit such

right.

6.

Matters to be

errquzred

rule and

determmed

by

the Colleelor.—On the

day

specified

m the

notification under. sub-section

(1)

of

section

4

or on

such

subsequent

day

as

may

be

fixed

by

the Collector under section

5,

the

Collector

shall cause

the treasure

trove to

be

produced before

him,

and shall

enquire

as to and

determine— '

(a) ^theperson^by

whom, ^the

place ⁱⁿ

whrch, ^andthe

circumst- ances under

which,

such treasure trove

was

found;

and

(b) ^{as far as}

possible, ^theperson

by

whom, ^{and the}circumst- ances under

which,

Such treasure trove

was hidden.

7. sze to^be

allowed

for ^rm!

bypersan elarmmg

the treasure trove.— If, upon ^an

enquiry ^madeunder section

6, ^theCollector^sees

reason^to believe that the treasure trove ^was

hidden,

wrthm ^one

hundred years before the date of the

finding,

by ^a

person

appearing ^as

required

by

the notification under sub-section

(1)

ofsection ⁴

and

claiming

such treasure trove, ^or

by ^someother person under whom such person^cl

trims,

the Collector

shall^{make an}

order

adjournmg ^the

hearing ^{of the}case^for such

period ^as

he deems sufficient ^to

allow ^asurt

being

instituted

in^the civil court

by ^the

claimant, ^toestablish ^hrs

right.

8. When treasure

trove

ma}J^be

declared

owrzerlc55.—~—(l)

(1)

If, upon such enquiry,^theCollector^seesnoreason^to

belreve that the treasure trove was hidden within one hundred years before

the date ofthe finding; ^or (tr) ^if,

where ^a

period ^isfixed under section ^{7, no suitis}

insti- tuted ^as

aforesaid

within ^such

period, ^tothe

knowledge

of the Collector; ^or

(m) ^ifsuchsurtis

instituted withrn^such

period ^{and the'} plaintiff's

claim¹⁵

finally PCJCCth, the Collector may declare the treasure

trove^tobe

ownerless.

(2) Any person aggrieved by ^a

declaration^made

under^sub- section

(1) may appeal

against ^thesamewrthin^two

months from the date thereof to the Board

of Revenue:

Provided that ^no

appeal

shall

he ^froma

declaration made

under sub-section

(1)

in a case referred to ⁱⁿ

clause

(22:)

of the said sub- section.

(3)

Subject ^{to such}

appeal, every^suchdeclaration

shall^befinal and conclusive.

O

O

__-____. _._

_—._-_-—_._ :rfi-

.W

u_.

.

La- 3.";

O

M

—_

O

143

9.

Proceeding

subsequent ^to

declaration-«When ^adeclaration^hasbeen made in

respect

of any

treasure trove under sub-section

(1)

of section

8,

such treasure trove

shall,

in

accordance with the

prvisions

hereinafter contained,

either ^be

delivered ^tothefinder thereof ^orbedivided between him

and the owner

of the

place

in which ^it

has been

found, in

the manner hereinafter

provided.

10.

When

no

other

person

rlaim:

as

owner

of

the

place,

treasure

trove to

begiven

to

thefznder.——When

a declaration

has been made in

respect

of any

treasure

trove^as

aforesaid,

and^no

person other than the finder of such treasure trove has

appeared

as

required by

the

notification under sub-section

(1)

of section ⁴

and

claimed

a

share

of the treasure

trove as owner of

the

place

in

which it

has been

found,

the

Collector shall deliver such treasure trove

to the finder thereof. ll. When

only

one

person claims,

and

his claim is

not

disputed,

treasure trove ^tobe

dzvzded.—-(1)

When a

declaration

has been made

as

aforesaid,

in respect ^ofany

treasure

trove^and

only ^one

person other than ^thefinder of

such treasure trove

has so

appeared

and

claimed,

and

the claim

of such person is not

disputed by

the

finder,

the Collector shall

proceed

to dtvide the treasure trove

between the finder and the

person

so

claiming according ^{to the}

provisions ^ofsubsection

(2).

(2) ^{If the}finder ^andtheperson ^so

claiming ^havenotentered into any

agreement

then in

force as to the

disposal

of

the treasure

trove, three-fourths ^of

the treasure trove 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 trove shall be

disposed of in accordance

with such

agreement:

.

Provided ^thatthe

Collector may, in any case, if he thinks

fit, instead of so

dividing

the treasure

trove,— (a)

allot^to

either

party ^the

whole, ^{or more than his}

share, of such treasure

trove,

on

such

party paying

to the

Collector

for the other party such some of money

as the Collector may fix as^the equivalent ^oftheshare^ofsuchother

party ^{orof the}excess ^so

allotted, as the case

may be;

or

.

(b) ^{sell such}treasure

trove^or

any portion

thereof

by public auction, ^and

divide^{the sale}

proceeds

between ^the

parties

according ^to the

provisxons

of this

sub-section:

Provided further that when

the Collector

has,

by ^hisdeclara- tion under sub-section

(1)

of section

8,

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 trove was

found,

such division shall not be

made until after

the

expiration

of two months if an

appeal

has not

been

presented

under sub-section

(2) ^ofthesaid section

by

the person whose

claim has been so

rejected, ^orwhen^an appeal ^{hasbeen so}

presented,

after^such

appeal ^hasbeendismissed. 3/3—10

144

(3) ^WhentheCollector^{hasmade a}

division under^this

section, he

shall

deliver to the

parties ^the

portions ^ofsuchtreasure trove or

the money ^in[ten

thereof, ^towhich

they ^are

respectively

entitled under such

division. ^~

12. In case

of dispute

as to

ownership

of

place, proceedings ^tobe stayed—When ^a

declaration ^{has been made as}

aforesaidⁱⁿ

respect ^of any

treasure

trove, and^twoormore

persons have

appeared ^asafore- said, ^{andeach ofthem}claims^asowner^{of the}

place

where ^such treasure trove was

found,

or the

right

of any person who has ^so

appear- ed and

claimed

is

disputed by

the finder of such treasure

trove, the Collector shall retain Such treasure

trove and shall make an order staying ^his

proceedings ^{withaview to the}matter

being

enquired ^into and

determined

bya

civiil court. Settlement

ofdirpute.—Any

person^whohasso

appeared ^andclaimed may, within^onemonth^fromthedateof^such

order,

institute ^{a suitin} the civil court to

obtain

a

decree

declaring

his

right;

and ⁱⁿevery such

suit the

finder

of

the

treasure trove

and

all

other persons disputing such claim

before

the

Collector

shall be made defendants.

14. Division

of

treasure trove on^the

establuhment

of

claim

thwart.—

1) ^{Ifanysuch suitis}inst1tuted^{and the}

plaintiff's

claim^isfinallv established

therein, ^theCollector

shall,

subject

to the

provisions ^of Section

11,

divide^thetreasure trove between^himandthefinder.

(2) ^{If noSuchsuitis}

instituted ^as

aforesaid, ^or

ifthe claims^of the

plaintiffs ⁱⁿ

all ^such

suits ^are

finally

rejected,

the

Collector

shall deliver the

treasure trove ^tothe

finder.

15. Power ^to

acquire

treasurelrooe^on

behalf

of

the

Government—The ColleCtor may, ^at

any^timeafter

making ^a

declaration under

sub-section

(1) ^of

section ^{8, and}

befo1e

delivering ^or

dividmg ^thetreasure

trove^as hereinbefore

provided,

declare,

by

wr1ting

under ^his

hand,

h1s

intention to

acquire,

on behalf of

the

Government,

the treasure trove

or

any specified

portion

thereof, ^bypayment ^tothepersons entitled

thereto, of ^a

sum

equal ^{to the}Value^ofthe

materials ^of

such treasure trove or portion,

together ^withone'fifth^ofSuchvalue^andmayplace ^such sum in

depos1t ⁱⁿa Government

treasury

to

the cred1t of

such persons; and

thereupon

such treasure trove or

portion

shall be

deemed to be the property ^{of the}Government ^andthemoney ^so

deposited

shall ^be

dealt with, ^asfaras

may be, ^{asifitweresuch}treasure

trove ^or

portion:

Provided that

the person entitled to

payment

undei this

section, if ^he

questions ^the

value ^of

the materials

or

portion

thereof fixed

by the

Collector, may, within two

months from the

date

of

the order of the

Collector to

enquire,

institute a suit in the civil court

to

have

the value of

such

materials

fixed. ' ^«.1

145

16. Decision

of

Collector

final

and no

suit to tie

against

him

for

acts done in

good

faith—Subject

to

the

provisions

of

section

15

no decision passed ^{or actdone}

by ^the

Collector

under^thisActshall^becalled ⁱⁿ question ⁱⁿany civil court,^andnosuitorother

proceedings

shall ^lie against ^himfor

anything ^donein

good

faithⁱⁿ

exercise ^ofthepower conferred

by

this

Act.

17.

Collector

to

exercise

power:

of

civil

court.—A Collector

making any

enquiry

under

this Act may exercise any

power conferred

by

the Code of Civil

Procedure,

1908

(Central

Act 5

of

1908),onacivil court

for

the trial of

suits.

18.

Penalty

on

finderfailing

to

give notice,

eta—If the

finder of any treasure trove fails to

give

the

notice,

or does

not either make the

depOSit

or

give

the

security,

required by

section

3,

or alters

or attempts ^toalter^suchtreasure trove ^{so as to}conceal^its

identity, ^the share of such treasure trove or the money in lieu thereof

to

which

he would

otherwise be

entitled,

shall vest in the

Government,

and he shall, ^on

conviction

before ^a

Magistrate, ^be

punishable ^with

imprison- 1:61;:

fora term which may extend to one

year

or with

fine,

or with 0t .

19.

Penalty

on

owner

abetting

qflence

under section 18.—If the owner of the

place

in

which any

treasure trove is

found

abets,

Within the

meaning

of

the Indian Penal Code

(Central

Act 45 of

1860), ^an offence under section

18,

the share of such treasure trove or the money in lieu

thereof to which

he

would otherwise

be

entitled,

shall vest in the

Government,

and he

shall,

on

conviction

before a

Magistrate, ^be punishable ^with

imprisonment

which may extend ^tosix

months, ^or with

fine or

with both.

20.

Penalty

on owner or

occupier for

failure

to

give

notice under section 3.—If the ower

or

occupier

of the

place

in

which any

treasure

trove is found,

being

aware^ofthe

finding threof,

fails ^to

give

notice^as

required by

sub-section

(2) ^of

section ^{3, he}

shall, ^on

conviction before ^a Magistrate, ^be

punishable ^with

imprisonment

which^mayextend^to six

months,

or

with

fine,

or with

both.

21. Power to make

rnles.—(1)

The

Government may by

notifi- cation in

the

Gazette,

make

rules for the purpose

of

carrying ^intoefTect the

provisions

of

this Act.

(2) ^In

particular, ^andwithout

prejudice ^tothe

generality ^ofthe foregoing power,^suchrules may prowde ^for—

(a) ^{theform of}notice under section ^3;

(b) ^theformandmannerⁱⁿ

which^anotification

under clause

(a) ^of

sub-section

(1) ^ofsection ⁴may^be

published; (cl ^themanner^ofservice^ofthe

special

146

(d) ^themannerⁱⁿ

which

search ^andseizure^maybemade under sub-section

(2)

of section

4,

(a) ^theformofdeclaration

under sub-section

(1) ^ofsection ^8;

(f) ^theforminwhich ^an

appeal^maybe

picferred ^tothe Board of

Revenue

under

sub-section

(2)

of section

8,

(g) ^anyother

matter

which ^{hasto be, or maybe,}

prescribed by

rules^madeunder^thisAct.

(3)

Every ^rulemadeunder ^thisAct

shall ^{belaid as soonas may} be after ^itismade before the

Legislative

Assembly

while it ^isinseSSiOn for ^atotal

period ^of

fourteen

days

which may^be

comprised ^inone session ^orintwosuccesswe

seSSions, and,

if before ^the

expiry ^ofthe session in which it is so laid or the sessions

immediately

following,

the Legislative Assembly agrees^thattherule

should^beeither modified^or annulled, ^therule

shall

thereafter ^have

effect

only ^{in such}modified form ^or

be ^ofno

efi'ect, ^asthecase

may be; ^sohowever that any such modification ^orannulment shall^bewithout

prejudice ^to

the

validity ^of anything previously ^done

under^thatrule.

22.

Refital.—-(l) ^The

Travancore-Coehin Treasure Trove

Act,

1951

(X ^of

1951) ^is

hereby

repealed.

(2) ^The

Indian

Treasure Trove ^{Act, 1878}

(Central ^Act6of 1878), ^asin

force^intheMalabar district referred ^{to in}

sub—section

(2)

of

section

5 of the States

Reorganisation

Act,

1956

(Central

Act

37 of

1956),

shall cease^to

operate ^{in that}district.

0

o -—w«__.-..~——_~.

"-4M' Amp—A Av—'F- -

.

_,_,—J .._...._.._._a _.._

a

W...-

/f\ \u

L-'M_M