{ "schema_version": "qanun-law-text/1", "id": "punjab-code-9d9df144bf4bf9f1", "title": "TREASURE-TROVE ACT, 1878", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BDFXYQQ6ATg-", "version": null, "source_snapshot": "2026-08-06T17:03:56Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "9c7fc1162de28db09d206fa5689d03111a077066efbb4ac315c502dfb811ab56", "source_sha256": "9c7fc1162de28db09d206fa5689d03111a077066efbb4ac315c502dfb811ab56", "text_version_id": "law:punjab-code-9d9df144bf4bf9f1:sha256:9c7fc1162de28db09d206fa5689d03111a077066efbb4ac315c502dfb811ab56", "quality_flags": [], "encoding": "UTF-8", "text": "THE TREASURE-TROVE ACT, 1878 \r\n(VI of 1878) \r\nCONTENTS \r\nPRELIMINARY \r\n1. Short title. \r\nExtent \r\n2. Repealed \r\n3. Interpretation-clause \r\n“Treasure.-” \r\n“Collector.-” \r\n“Owner.-” \r\nPROCUEDURE ON FINDING TREASURE \r\n4. Notice by finder of treasure \r\n5. Notification requiring claimants to appear \r\n6. Forfeiture of right on failure to appear \r\n7. Matters to be enquired into and determined by the Collector \r\n8. Time to be allowed for suit by person claiming the treasure \r\n9. When treasure may be declared ownerless. \r\nAppeal against such declaration \r\n10. Proceedings subsequent to declaration \r\n11. When no other person claims as owner of place, treasure to be given to \r\nfinder \r\n12. When only one such person claims and his clai m is not disputed, \r\ntreasure to be divided, \r\nand shares to be delivered to parties \r\n13. In case of dispute as to ownership of place, proceedings to be stayed \r\n14. Settlement of such dispute \r\n15. and division thereupon \r\n16. Power to acquire the treasure on behalf of Government \r\n17. Decision of Collector final, and no suit to lie against him for acts done \r\nbona fide \r\n18. Collector to exercise powers of Civil Court \r\n19. Power to make rules \r\nPENALTIES \r\n20. Penalty on finder failing to five notice, etc \r\n21. Penalty on owner abetting offence under section 20 \r\nSCHEDULE \r\nRepealed \r\n \r\nTEXT \r\n1\r\nTHE TREASURE-TROVE ACT, 1878 \r\n(VI of 1878) \r\n[13th February, 1878] \r\nAn \r\nAct \r\nto amend the law relating to Treasure-trove \r\nPreamble.– WHEREAS it is expedient to amend the law relating to treasure -trove; It \r\nis hereby enacted as follows:– \r\nPRELIMINARY \r\n1. Short title.– This Act may be called the \r\n2\r\n[***] Treasure-trove Act, 1878. \r\nExtent.– It extends to \r\n3\r\n[the whole of Pakistan]. \r\n4\r\n[* * * * * * * * * * * * ] \r\n5\r\n[2. Repeal of enactments.– * * * * * * * * ] \r\n3. Interpretation clause.– In this Act– \r\n “Treasure.–” “treasure” means anything of any value hidden in the soil , or in \r\nanything affixed thereto: \r\n “Collector.–” “Collector” means (1) an Revenue -officer in independent \r\ncharge of a district, and (2) any officer appointed by the \r\n6\r\n[Provincial \r\nGovernment] to perform the functions of a Collector under this Act. \r\n “Owner.–” When any person is entitled, under any reservations in an \r\ninstrument of transfer of any land or thing affixed thereto, to treasure in such \r\nland or thing, he shall, for the purposes of this Act, be deemed to be the \r\nowner of such land or thing. \r\n \r\n1For the Statement of Objects and Reasons, see Gazette of India, 1876, Pt. V., p. 1463; for discussions in Council , see ibid, \r\nSupplement, pp. 1288 and 1326; ibid., 1878 pp. 207 and 287. \r\nThis Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3 ; \r\nIt has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); \r\nand also applied in the Federated Areas of Baluchistan, see Gazette of India, 1973, Pt. I, p. 1499. \r\nIt 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., \r\nsubject to certain modifications; and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect \r\nfrom such date and subject to such modifications as may be notified; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws \r\nRegulations, 1950. \r\n2The word “Indian” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 3 and II Sch. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th \r\nOctober, 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 \r\n“the whole of British India” \r\n4The words “And it shall come intr force at once” rep. by the Repealing and Amending Act, 1914 (X of 1914). \r\n5Repealed by the Repealing and Amending Act, 1891 (XII of 1891). \r\n6Subs. by A.O., 1937, for “L.G.”. \r\nPROCUEDURE ON FINDING TREASURE \r\n4. Notice by finder of treasure .– Whenever any treasure exceeding in amount \r\nor value te n rupees is found, the finder shall, as soon as prac ticable, give to the \r\nCollector notice in writing– \r\n(a) of the nature and amount or approximate value of such treasure; \r\n(b) of the place in which it was found; \r\n(c) of the date of the finding; \r\n and either deposi t the treasure in the nearest Government treasur y, or give \r\nthe Collector such security as the Collector thinks fit, to produce the treasure at such \r\ntime and place as he may from time to time require. \r\n5. Notification requiring claimants to appear .– On receiving a notice under \r\nsection 4, the collector sha ll, after making such enquiry (if any) as he thinks fit, take \r\nthe following steps (namely):– \r\n(a) he shall publish a notification in such manner as the \r\n7\r\n[Provincial \r\nGovernment] from time to time prescribes in this behalf, to the effect \r\nthat on a certain dat e (mentioning it) certain treasure (mentioning its \r\nnature, amount and approximate value) was found in a certain place \r\n(mentioning it); and requiring all persons claiming the treasure, or any \r\npart thereof, to appear personally or by agent before the Collect or on a \r\nday and a t a place therein mentioned, such day not being earlier than \r\nfour months, or later than six months, after the date of publication of \r\nsuch notification; \r\n(b) when the place in which the treasure appears to the Collector to have \r\nbeen found wa s at the date of the finding in the possession of some \r\nperson other than the finder, the Collector shall also serve on such \r\nperson a special notice in writing to the same effect. \r\n6. Forfeiture of right on failure to appear .– Any person having any right to \r\nsuch treasure or any part thereof, as owner of the place in which it was found or \r\notherwise, and not appearing as required by the notification issued under section 5, \r\nshall forfeit such right. \r\n7. Matters to be enquired into and determined by the Collector .– On the day \r\nnotified under section 5, the Collector shall cause the treasure to be produced before \r\nhim, and shall enquire as to and determine– \r\n(a) the person by whom, the place in which, and the circumstance under \r\nwhich, such treasure was found; and \r\n(b) as far as is possible, the person by whom, and the circumstances \r\nunder which, such treasure was hidden. \r\n8. Time to be allowed for suit by person claiming the treasure .– If, upon an \r\nenquiry made under section 7, the Collector sees reason to believe that the treasure \r\nwas hidden within one hundred years before the date of the finding, by a person \r\nappearing as required by the said notification and claiming such tre asure, or by \r\n \r\n7Subs. by A.O., 1937, for “L.G.” \r\nsome other person un der whom such person claims, the Collector shall make an \r\norder adjourning the hearing of the case for such period as he deems sufficient, to \r\nallow of a suit being instituted in the Civil Court by the claimant, to establish his right. \r\n9. When treasure may be declared ownerless .– If upon such enquiry the \r\nCollector sees no reason to believe that the treasure was so hidden; or \r\n if, where a period is fixed under section 8, no suit is instituted as aforesaid \r\nwithin such period to the knowledge of the Collector; or \r\n if such suit is instituted within such period, and the plaintiff’s cla im is finally \r\nrejected; \r\n the Collector may declare the treasure to be ownerless. \r\n Appeal against such declaration .– Any person aggrieved by a declaration \r\nmade under this section may appeal against the same within two months from the \r\ndate thereof to the Chief Controlling Revenue-authority\r\n8\r\n. \r\n Subject to such appeal, every such declaration shall be final and conclusive. \r\n10. Proceedings subsequent to declaration .– When a declaration has been \r\nmade in respect of any treasure under section 9, such treasure shall, in accordance \r\nwith the provisions hereinafter contained, either be delivered to the finder thereof, or \r\nbe divided between him and the owner of the place in which it has been found in \r\nmanner hereinafter provided. \r\n11. When no other person claims as owner of place, treasure to be given to \r\nfinder.– When a declaration has been made in respect of any treasure as aforesaid, \r\nand no person other than the finder of such treasure has appeared as required by \r\nthe notification published under section 5 and claimed a shar e of the treasure as \r\nowner of the place in which it has been found, the Collector shall deliver such \r\ntreasure to the finder thereof. \r\n12. When only one such person claims and his claim is not disputed, \r\ntreasure to be divided, and shares to be delivered to p arties.– When a \r\ndeclaration has been made as aforesaid in respect of any treasure, and only one \r\nperson other than the finder of such treasure has so appeared and claimed, and the \r\nclaim of such person is not disputed by the finder, the Collector shall proce ed to \r\ndivide the treasure between the finder and the person so claiming according t o the \r\nfollowing rule (namely):– \r\nIf the finder and the person so claiming have not entered into any agreement \r\nthen in force as to the disposal of the treasure, three -fourth o f the treasure \r\nshall be allotted to such finder and the residue to such person. If such finder \r\nand such person have entered into any such agreement, the treasure shall be \r\ndisposed of in accordance therewith: \r\nProvided that the Collector may, in any case, if he thinks fit, instead of dividing \r\nany treasure as directed by this section,– \r\n(a) allot to either party the whole or more than his share of such treasure, \r\non such party paying to the Collector for the other party such sum of \r\n \r\n8For definition of Chief Controlling Revenue-authority, see the General Clauses Act, 1897 (X of 1897), s. 3 (9a). \r\nmoney as the Collector may fix as the equivalent of the share of such \r\nother party, or of the excess so allotted, as the case may; or \r\n(b) sell such treasure or any portion thereof by public auction, and divide \r\nthe sale -proceeds between the parties according to the rule \r\nhereinbefore prescribed: \r\nProvided also that, when the Collector has by his declaration under \r\nsection 9 rejected any claim made under this Act by any person other \r\nthan the said finder or person claiming as owner of the place in which \r\nthe treasure was found, such division shall not be made until after the \r\nexpiration of two months without an appeal having been presented \r\nunder section 9 by the person whose claim has been so rejected, or \r\nwhen an appeal has been so presented, after such appeal has been \r\ndismissed. \r\nand shares to be deliver ed to parties. – When the Collector has made a \r\ndivision under this section, he shall deliver to the parties the portions of such \r\ntreasure or the money in lieu thereof, to which they are respectively entitled under \r\nsuch division. \r\n13. In case of dispute as to ownership of place, proceedings to by stayed .– \r\nWhen a declaration has been made as aforesaid in respect of any treasure, and two \r\nor more persons have appeared as aforesaid and each of them claimed as owner of \r\nthe place where such treasure was found, or th e right of any person who has so \r\nappeared and claimed is disputed by the finder of such treasure, the Collector shall \r\nretain such treasure and shall make an order staying his proceedings with a view to \r\nthe matter being enquired into an determined by a Civil Court. \r\n14. Settlement of such dispute.– Any person who has so appeared and claimed \r\nmay, within one month from the date of such order, institute a suit in the Civil Court \r\nto obtain a decree declaring his right ; and in every such suit the finder of the \r\ntreasure and all persons disputing such claim before the Collector shall be made \r\ndefendants. \r\n15. and division thereupon.– If any such suit is instituted and the plaintiff’s claim \r\nis finally established therein, the Collector shall, subject to the provisions of section \r\n12 divide the treasure between him and the finder. \r\nIf no such suit is instituted as aforesaid, or if the claims of the plaintiff’s in all \r\nsuch suits are finally rejected, the Collector shall deliver the treasure to the finder. \r\n16. Power to acqui re the treasure on behalf of Government .– The Collector \r\nmay, at any time after making a declaration under section 9, and before delivering or \r\ndividing the treasure as hereinbefore provided, declare by writing under his hand his \r\nintention to acquire on beha lf of the Government the treasure, or any specified \r\nportion thereof, by payment to the persons entitled thereto of a sum equal to the \r\nvalue of the materials of such treasure or portion, together with one -fifth of such \r\nvalue, and may place such sum in depos it in his treasury to the credit of such \r\npersons; and thereupon such treasure or portion shall be deemed to be the property \r\nof Government, and the money so deposited shall be dealt with, as far as may be, as \r\nif it were such treasure or portion. \r\n17. Decision of Collector final, and no suit to lie against him for acts done \r\nbona fide.– No decision passed or act done by the Collector under this Act shall be \r\ncalled in question by any Civil Court, and no suit or other proceedings shall lie \r\nagainst him for anythin g done in good faith in exercise of the powers hereby \r\nconferred. \r\n18. Collector to exercise powers of Civil Court .– A Collector making any \r\nenquiry under this Act may exercise any power conferred by the Code of Civil \r\nProcedure\r\n9\r\n on a Civil Court for the trail of suits. \r\n19. Power to make rules.– The \r\n10\r\n[Provincial Government] may, from time to time, \r\nmake rules\r\n11\r\n consistent with this Act to regulate proceedings hereunder. \r\n Such rules shall, on being published in the \r\n12\r\n[official Gazette], have the force \r\nof law. \r\nPENALTIES \r\n20. Penalty on finder failing to give notice, etc .– If the finder of any treasure \r\nfails to give the notice, or does not either make the deport or give the security, \r\nrequired by section 4, or alters or attempts to alter such treasure so as to conceal i ts \r\nidentity, the share of such treasure, or the money in lieu thereof to which he would \r\notherwise be entitled, shall vest in \r\n13\r\n[Government], \r\n and he shall, on conviction before a Magistrate, be punished with \r\nimprisonment for a term which may extend to one year, or with fine, or with both. \r\n21. Penalty on owner abetting offence under section 20 .– If the owner of the \r\nplace in which any treasure is found abets, within the meaning of the \r\n14\r\n[Pakistan \r\nPenal Code], any offence under section 20, the share of such treasure, or the money \r\nin lieu thereof to which would otherwise be entitled, shall vest in \r\n15\r\n[Government], \r\n and he shall, on conviction before a Magistrate, be punished with \r\nimprisonment which extend to six months, or with fine, or with both. \r\n16\r\n[SCHEDULE] \r\n \r\n9See now the Code of Civil Procedures, 1908 (Act V of 1908). \r\n10Subs. by A.O., 1937, for “L.G.”. \r\n11For rules made under this section, see different local Rules and Orders \r\n12Subs. by A.O., 1937, for “local Gazette”. \r\n13Subs. by A.O., 1961, Art. 2, for “Her Majesty” (with effect from the 23rd March, 1956). \r\n14XLV of 1860 \r\n15Subs. by A.O., 1961, Art. 2, for “Her Majesty” (with effect from the 23rd March, 1956). \r\n16Repealed by the Repealing and Amending Act, 1891 (XII of 1891).", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; 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