TREASURE-TROVE ACT, 1878

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THE TREASURE-TROVE ACT, 1878 
(VI of 1878) 
CONTENTS 
PRELIMINARY 
1. Short title.  
Extent 
2. Repealed 
3. Interpretation-clause 
“Treasure.-” 
“Collector.-” 
“Owner.-” 
PROCUEDURE ON FINDING TREASURE 
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.  
Appeal against such declaration 
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 clai m is not disputed, 
treasure to be divided,  
and shares to be delivered to parties 
13. In case of dispute as to ownership of place, proceedings to be stayed 
14. Settlement of such dispute 
15. and division thereupon 
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 
PENALTIES 
20. Penalty on finder failing to five notice, etc 
21. Penalty on owner abetting offence under section 20 
SCHEDULE 
Repealed 
 
TEXT 
1
THE TREASURE-TROVE ACT, 1878 
(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 
1. Short title.– This Act may be called the 
2
[***] Treasure-trove Act, 1878. 
Extent.– It extends to 
3
[the whole of Pakistan]. 
4
[* * * * * * * * * * * *   ] 
5
[2. Repeal of enactments.–  * * * * * * * *   ] 
3. Interpretation clause.– In this Act– 
 “Treasure.–” “treasure” means anything of any value hidden in the soil , or in 
anything affixed thereto: 
 “Collector.–” “Collector” means (1) an Revenue -officer in independent 
charge of a district, and (2) any officer appointed by the 
6
[Provincial 
Government] to perform the functions of a Collector under this Act. 
 “Owner.–” When any person is entitled, under any reservations 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. 
                                                           
1For the Statement of Objects and Reasons, see Gazette of India, 1876, Pt. V., p. 1463; for discussions in Council , see ibid, 
Supplement, pp. 1288 and 1326; ibid., 1878 pp. 207 and 287. 
This Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3 ; 
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); 
and also applied in the Federated Areas of Baluchistan, see Gazette of India, 1973, Pt. I, p. 1499. 
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in 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 such modifications as may be notified; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws 
Regulations, 1950. 
2The word “Indian” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and II Sch. 
3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th 
October, 1955), for “all the Provinces and Capital of the Federation” which had been subs. By A.O., 1949, Arts. 3(2) and 4, f or 
“the whole of British India” 
4The words “And it shall come intr force at once” rep. by the Repealing and Amending Act, 1914 (X of 1914). 
5Repealed by the Repealing and Amending Act, 1891 (XII of 1891). 
6Subs. by A.O., 1937, for “L.G.”. 
PROCUEDURE ON FINDING TREASURE 
4. Notice by finder of treasure .– Whenever any treasure exceeding in amount 
or value te n rupees is found, the finder shall, as soon as prac ticable, 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 deposi t the treasure in the nearest Government treasur y, 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. Notification requiring  claimants to appear .– On receiving a notice under 
section 4, the collector sha ll, 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 
7
[Provincial 
Government] from time to time prescribes in this behalf, to the effect 
that on a certain dat e (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 Collect or on a 
day and a t a place therein mentioned, such day not being earlier than 
four months, or later than six months, after the date of publication of 
such notification; 
(b) when the place in which the treasure appears to the Collector to have 
been found wa s 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. 
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 circumstance 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 claiming such tre asure, or by 
                                                           
7Subs. by A.O., 1937, for “L.G.” 
some other person un der 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, to 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 cla im is finally 
rejected; 
 the Collector may declare the treasure to be ownerless. 
 Appeal against such declaration .– 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
8
. 
 Subject to such appeal, every such declaration shall be final and conclusive. 
10. Proceedings subsequent 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. 
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 shar e 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 p arties.– 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 proce ed to 
divide the treasure between the finder and the person so claiming according t o 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 -fourth o f 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 of such treasure, 
on such party paying to the Collector for the other party such sum of 
                                                           
8For definition of Chief Controlling Revenue-authority, see the General Clauses Act, 1897 (X of 1897), s. 3 (9a). 
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; 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 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. 
and shares to be deliver ed to parties. – 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 
such division. 
13. In case of dispute as to  ownership of place, proceedings to by 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 th e 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 into an 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 acqui re 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 
intention to acquire on beha lf 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 depos it 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 treasure 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 proceedings shall lie 
against him for anythin g done in good 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
9
 on a Civil Court for the trail of suits. 
19. Power to make rules.– The 
10
[Provincial Government] may, from time to time, 
make rules
11
 consistent with this Act to regulate proceedings hereunder. 
 Such rules shall, on being published in the 
12
[official Gazette], have the force 
of law. 
PENALTIES 
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 deport or give the security, 
required by section 4, or alters or attempts to alter such treasure so as to conceal i ts 
identity, the share of such treasure, or the money in lieu thereof to which he would 
otherwise be entitled, shall vest in 
13
[Government], 
 and he shall, on conviction before a Magistrate, be punished with 
imprisonment for a term which may extend to one year, or with fine, or with both. 
21. Penalty 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 
14
[Pakistan 
Penal Code], any offence under section 20, the share of such treasure, or the money 
in lieu thereof to which would otherwise be entitled, shall vest in 
15
[Government], 
 and he shall, on conviction before a Magistrate, be punished with 
imprisonment which extend to six months, or with fine, or with both. 
16
[SCHEDULE] 
                                                           
9See now the Code of Civil Procedures, 1908 (Act V of 1908). 
10Subs. by A.O., 1937, for “L.G.”. 
11For rules made under this section, see different local Rules and Orders 
12Subs. by A.O., 1937, for “local Gazette”. 
13Subs. by A.O., 1961, Art. 2, for “Her Majesty” (with effect from the 23rd March, 1956). 
14XLV of 1860 
15Subs. by A.O., 1961, Art. 2, for “Her Majesty” (with effect from the 23rd March, 1956). 
16Repealed by the Repealing and Amending Act, 1891 (XII of 1891).