Treasure-trove Act, 1878

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THE TREASURE
-
TROVE ACT, 1878
 
 
 
CONTENTS
 
1.
 
Short title
 
Extent 
 
2
. 
 
[
Repeal
ed.
]
 
3.
 
Interpretation
-
clause
 
 
“Treasure”
 
 
“Collector”
 
“Owner”
 
4. 
 
Notice by finder of treasure
 
5. 
 
Notification requiring claimants to appear
 
6. 
 
Forfeiture of right on failure to appear
 
7. 
 
Matters to be enquired into and determined by the Collector
 
8. 
 
Time to be allowed for suit 
by person claiming the treasure
 
9. 
 
When treasure may be declared ownerless
 
10. 
 
Proceedings subsequent to declaration
 
11. 
 
When no other person claims as owner of place, treasure, to be given to finder
 
12. 
 
When only one such person claims and his claim is not disputed, treasure to be divided
 
13. 
 
In case of dispute as to ownership of place, proceedings to be stayed
 
14. 
 
Settlement of such dispute
 
15. 
 
and division thereupon
 

 
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16. 
 
Power to acquire the treasure on behalf of Government
 
17. 
 
Decision of Collector final, and no suit to lie against him for acts done 
bona fide
 
18. 
 
Collector to exercise powers of Civil Court
 
19. 
 
Power to make rules
 
20. 
 
Penalty on finder failing to give notice, etc
.
 
21. 
 
Penality on owner abetting offence under section 20
 
 
 
 
 
 
 
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THE TREASURE
-
TROVE ACT, 1878
 
1
ACT No. VI Of 1878
 
[
13th February, 
1878] 
 
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 
enacted as follows:
-
 
 
PRELIMINARY
 
Short title. 
This Act may be called the 
2
* Treasure
-
trove Act, 1878. 
 
Extent. 
It extends to
 
3
[the whole of Pakistan.] 
 
4
*
 
 
* 
 
*
 
 
* 
 
*
 
 
*
 
 
* 
 
2
. [
Repeal of enactments
.] 
Rep. by the Amending Act, 
1891 (
XII of 
1891). 
 
3. Interpretation
-
clause. 
In this Act
-
 
 
“Treasure.” 
“treasure” means anything of any value hidden in the soil, or in anything affixed 
thereto: 
 
“Col1ector.” 
“Col1ector” means (1) any Revenue
-
officer in independent charge of a district, 
and (2) any officer appointed by the 
3
[Provincial 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
3
 
treasure in such land or thing, he shall, for the purposes of this 
Act, be dee
med 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; 
 
 
1
For the Statement of Objects and Reasons, 
see 
Gazette of India, 1876, Pt. V., p. 1463; for discussions in Council, 
see ibid., 
Suppl
ement, pp. 1288 and 
1326 ; 
ibid., 
1878 pp. 207 and 287. 
 
This Act has been declared to be in force in Balochistan by the British Balochistan Laws Regulation, 1913 (2 of 1913), s. 3 ;
 
 
It has also been extended to the Leased Areas of Balochistan, 
see 
the Le
ased Areas (Laws) Order, 1950 (G.G. O. 3 of 1950); and also applied in the 
Federated Areas of Balochistan, 
see 
Gazette of India,1937, Pt. I, p.1499. 
 
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable i
n the N.W.F.P., subject to certain modifications; 
and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to su
ch modifications as may 
be notified; 
See 
N.W.F.P. (Upper Tanawal) (Excluded Area)
 
Laws Regulation, 1950. 
 
2
The word “Indian” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and II Sch. 
 
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th 
October, 1955), for “all the 
Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “the whole of British
 
India”. 
 
4
The words “And it shall come into force at once” rep. by the Repealing and Amending Act, 1914 (10 of 1914). 
 
 
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(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. 
 
5. Notific
ation requiring claimants to appear. 
On receiving a notice under section 4, the 
collector shall after making such enquiry (if any) as he thinks fit, ta
ke the following steps (namely)
:
-
 
 
(a) 
 
he shall publish a notification in such manner as the 
1
[Provincia
l 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 
c
laiming 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 not
ification; 
 
(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 writi
ng 
to the same effect. 
 
6. Forfeiture of right on failure to appear. 
Any person having any right to such treasure or 
any part thereof, as owner of the place in which it was found or otherwise, and not appearing as required 
by the notification issued under 
section 5, shall forfeit such right. 
 
7. Matters to be enquired into and determined by the Collector. 
On the day notified under 
section 5, the Collector shall cause the treasure to be produced before him, and shall enquire as to and 
determine
___
 
 
(a)
 
the person by whom, the place in which, and the circumstances under which, 
such treasure was found; and 
 
(b) 
 
as far as is possible, the person by whom, and the circumstances under which, 
such treasure was hidden. 
 
8. Time to be allowed for suit by person 
claiming the treasure. 
If, upon an enquiry made 
under section 7, the Collector sees reason to believe that the treasure was hidden within one hundred 
years before the date of the finding, by a person appearing as required by the said notification and 
claim
ing such treasure, or by some other person under whom such person claims, the Collector shall 
make an order adjourning the hearing of the case for such period as he deems sufficient, to allow of a 
suit being instituted in the Civil Court by the claimant, t
o establish his right. 
 
9. When treasure may 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 of 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 ownerless. 
 
 
1
Subs. by A. O., 1937, for “L. G.”. 
 
 
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Appeal against such d
eclaration. 
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
1
. 
 
Subject to such appeal, every such declaration shall be final and co
nclusive. 
 
10. Proceedings subsequent to declaration. 
When a declaration bas 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 b
e divided between him and the owner of the 
place in which it has been found in manner hereinafter provided. 
 
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 
tr
easure to the finder thereof. 
 
12. When only one such person claims and his claim is not disputed, treasure to be 
divided. 
When a declaration has been made as aforesaid in respect of any treasure, and only one person 
other than the finder so 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 an
y such agreement, the treasure shall 
be disposed of in accordance therewith: 
 
Provided that the Collector may, in any case, if he think fit, instead of dividing any treasure as 
directed by this section,
-
 
 
(a) 
 
allot to either party the whole or more than h
is 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 the rule hereinbefore prescribed: 
 
Provided also that, when the Collector has by his declaration under section 9 rejected any claim 
m
ade 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 sec
tion 9 by the person whose claim has been 
so rejected, or when an appeal has been so presented, after such appeal has been dismissed. 
 
and shares to be delivered to parties. 
When the Collector has made a division under this 
section, at he shall deliver to 
the parties the portions of such treasure or the 
two
 
money in lieu thereof, 
to which they are respectively entitled under such division. 
 
 
l
For definition of Chief Controlling Revenue
-
authority, 
see 
the General Clauses Act, 1897 (10 of 1897), s. 3 (9a). 
 
 
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1
3. 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 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 enquired in
to and determined by a Civil Court. 
 
14. Settlement of such dispute. 
Any person who has so appeared and claimed may, within 
one month from the date of such order, institute a suit in the Civil Court to obtain a decree declaring 
his right; and in every such
 
suit the finder of the treasure and all persons disputing such claim before 
the Collector shall be made defendants. 
 
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 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. 
 
16. Power to acquire the treasure on behalf of 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 in
tention 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 m
ay 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 if it were such treasu
re or portion. 
 
17. Decision of Collector final, and no suit to lie against him for acts done 
bona fide
. 
No 
decision passed or act done by the Collector under this Act shall be called in question by any Civil 
Court, and no suit or other proceeding shall li
e against him for anything done in faith in exercise of the 
powers hereby conferred. 
 
18. Collector to exercise powers of Civil Court. 
A Collector making any enquiry under this 
Act may exercise any power conferred by the Code of Civil Procedure
1
 
on a Civil Court for the trial 
of suits. 
 
19. Power to make rules. 
The 
2
[Provincial Government] may, from time to time, make rules
3
 
consistent with this Act to regulate proceedings hereunder. 
 
Such rules shall, on being published in the 
4
[official Gazette
] have the force of law. 
 
PENALTIES
 
 
 
1
See 
now the Code of Civil Procedure, 1908 (Act 5 of 1908). 
 
2
Subs. by A.O., 1937, for “L. G.” 
 
3
For rules made under this section, 
see 
different local Rules and Orders. 
 
4
Subs. by A.O., 1937, for “local Gazette”. 
 
 
 
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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, the share of such treasure, or the money in 
lieu thereof to which he would otherwise be entitled, shall vest in 
1
[Government], and he shall, on 
conviction before a Magistrate, be punished with imprisonmen
t for a term which may extend to one 
year, or with fine, or with both. 
 
21. Penality on owner abetting offence under section 20. 
If the owner of the place in which 
any treasure is found abets, within the meaning of the Pakistan Penal Code (XLV of 1860), any offence 
under section 20, the share of such treasure, or the money in lieu thereof to which he would otherwise 
be entitled, sha
ll vest in 
1
[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. 
 
SCHEDULE.
-
[
Rep. by the Amending Act, 
1891 
(XII of 
1891).] 
 
 
___________
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16
-
09
-
2024
 
l
Subs. by A.O., 1961, Art. 2, for “Her Majesty” (with effect from the 23rd March, 1956).