Treasure trove act.
Querist :
Anonymous
(Querist) 03 January 2012
This query is : Resolved
1. if a treasure is located by the finder at government land,what is his share of the finding.
2.what if the treasure is located at gram panchyat's land.what is the share of the finder.
V R SHROFF
(Expert) 03 January 2012
Let us search that Honest person who find treasure,and at what location, at what time.
Who find is also important ? is'nt it so
To reply this Q as on today. ??
ajay sethi
(Expert) 03 January 2012
indian treasure trove act,1878
4. Notice by finder of treasure.—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—
(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 be may from time to time require
If fail to pass the information to the concern then face the bellow punishment and penalty
20. Penalty on finder failing to give notice, etc.—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, theshare of such treasure, or the money in lieu thereof to which he would otherwise be
entitled, shall vest in Her Majesty.
And he shall, on conviction before a Magistrate be punished with imprisonment for a
term, which may extent to one year, or with fine, or with both.
If the owner of the
place in which any treasure is found abets, within the meaning of the Indian Penal Code
(Act XLV of 1860), any offense under section 20, the share of such treasure or the
money in lieu thereof to which he would otherwise be entitled, shall vest in Her Majesty,
and he shall, on conviction before a Magistrate, be punished with imprisonment which
may extend to six months, or with fine, or with both.
Deepak Nair
(Expert) 03 January 2012
Dear Ajay sir,
The query still remains unanswered regarding the share of the finder in case or treasure found in a government owned land.
ajay sethi
(Expert) 03 January 2012
the collector on being notified about finding of treasure publish notification inviting claims for treasure . if collector comes to conclusion that treasure was hidden withi 100 years then he shal;l adjourn hearing to enable claimant to instiute suit to establish his right .
if no one comes forward to claim treasure then finder gets the treasure
ajay sethi
(Expert) 03 January 2012
11. When no other person claims as owner of place, treasure to 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.
12. When only one such person claims and his claim is not disputed,
treasure to be divided, and shares to be delivered to parties.—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
Querist :
Anonymous
(Querist) 03 January 2012
my 2 questions r still unanswered.let me rephrase.
Can govt forfeit the right to 3/4 share of the treasure located by someone on government/grampanchayat land.
No archeological sight involved.the land could be private/govt./ grampanchayat .
Rules for private land are clear,but not about govt.or grampanchayat's land.
prabhakar singh
(Expert) 03 January 2012
Finder is under duty to locate the land only ,if he does not own/possess land beneath which he found.
The collector shall find the owner and possessee of such land and shall serve upon him a special personal notice u/s 5(2)of the Act.
Raj Kumar Makkad
(Expert) 03 January 2012
repeated query which has already been replied in detail.
Shonee Kapoor
(Expert) 05 January 2012
I agree with the opinion of experts, that the query has been answered in detail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 05 January 2012
“treasure” means anything of any value hidden in the soil, or in anything
affixed thereto:
“Collector” means (1) any Revenue-officer in independent charge of a district,
and (2) any officer appointed by the 4[Provincial Government] to perform the functions
of a Collector under this Act.
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.
Procedure on finding Treasure
4. Notice by finder of treasure.—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—
(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 be may from time to time require.
