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

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THE KERALA TREASURE TROVE ACI‘, 1968
(Act 30 of 1968)
CONTENTS
PREAMBLE.
SECTIONS
Preliminary
O 1. Short title, extent and commencement.
Definitions.
0
Procedure on Finding Treasure Trove
Notice by finder of treasure trove.
Notification requnring claimants to appear.
Forfeiture of right on failure to appear.
Matters to be enquired into and determined by the Collector.
Time to be allowed for suit 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 and his claim 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?
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16. Decision of Collector final and no suit to lie against him for
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acts done in good faith.
17. Collector to exercise powers of civil court.
18. Penalty on finder failing to give notice, etc.
19. Penalty on owner abetting offence under section 18.
20. Penalty on owner or OCCupier for failure to give notice under
section 3.
21. Power to make rules.
22. Repeal.

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TAE KERALA TREASURE TROVE ACT, 1968‘
Act 30 of 1968
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 Act may be called
the Kerala Treasure Trove Act, 1968.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. DefmttionL—In this Act, unless the context otherwise
requires,—
(a) “Collector” means the Collector ofa district 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", in relation to any land or thing, means any person
who is entitled, under any reservation in an instrument of transfer of
such land or thing affixed thereto, to treasure trove in such land or
thing;
(6) “treasure trove” means money, bullion or other valuables
found hidden in the earth, the ower of which is unknown.
Procedure on Finding Treasure Trove
3. Notice by finder of treasure Irove.—(l) Whenever any treasure
trove-
(i) exceeding, in amount or value, twenty-five rupees; or
(u) of historical, archaeological or artistic interest, whatever
be its value,
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 trove;
(b) of the place in which it was found; and
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Published in the Gazette Extraordinary No 266 dated [2111 December, 1968
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(c) of the date of the finding,
and shall either deposit the treasure trove in the nearest Government
treasury or give the Collector such security as the Collecor thinks fit,
to produce the treasure trove at such time and place as he may, from
time to time, require.
2. The owner of the place in which the treasure trove is found,
if he is not the finder, and the occupier of such place if he is neither
the finder nor the owner, shall also give notice in writing to the
Collector specifying the particulars referred to in clauses (a), (b) and
(c) of sub- section (1), before the expiry of one month from the date on
which the owner or the occupier, as the case may be, becomes aware of
the finding of the treasure trove.
(3) If any question arises as to whether the amount 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 and his decision
shall be final: /
Provided that where the question referred to is as 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 of a notice under section 3, and may, 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, as he thinks fit to make, namely:—
(a) he shall publish a notification in such form and in 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 the Collector on a day and at 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) when the place in which the treasure trove 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 writing to the same effect.
(2) Where the finder of a treasure trove fails to give notice as
required under section 3 and the Collector receives information in any
other manner that a treasure 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 and take into custody, the treasure trove,
before taking action under sub-section (1).

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5. Forfeiture of right on failure to appear.—Any person having
any right to such treasure trove 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 sub-section (1) of section 4- on the day
specified in that notification, or on 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) the person by whom, the place in whrch, and the circumst-
ances under which, such treasure trove was found; and
(b) as far as possible, the person 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 made under section 6, the Collector 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 some other 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 a surt being instituted in the
civil court by the claimant, to establish hrs right.
8. When treasure trove ma}J be declared owrzerlc55.—~—(l) (1) If, upon
such enquiry, the Collector sees no reason to belreve that the treasure
trove was hidden within one hundred years before the date ofthe
finding; or
(tr) if, where a period is fixed under section 7, no suit is insti-
tuted as aforesaid within such period, to the knowledge of the
Collector; or
(m) if such surt is instituted withrn such period and the'
plaintiff’s claim 15 finally PCJCCth,
the Collector may declare the treasure trove to be ownerless.
(2) Any person aggrieved by a declaration made under sub-
section (1) may appeal against the same wrthin two months from the
date thereof to the Board of Revenue:
Provided that no appeal shall he from a 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 such declaration shall be final
and conclusive.
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9. Proceeding subsequent to declaration-«When a declaration has been
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 to the finder thereof or be divided
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 to be dzvzded.—-(1) When a declaration has been made as aforesaid, in
respect of any treasure trove and only one person other than the finder
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 of subsection (2).
(2) If the finder and the person so claiming have not entered
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 that the 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 of the share of such other party or of the excess so allotted,
as the case may be; or
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(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 his declara-
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) of the said
section by the person whose claim has been so rejected, or when an
appeal has been so presented, after such appeal has been dismissed.
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(3) When the Collector has made a division under this section,
he shall deliver to the parties the portions of such treasure trove or the
money in [ten thereof, to which they are respectively entitled under
such division.
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12. 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 trove, and two or more persons have appeared as afore-
said, and each of them claims as owner 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 with a view to the matter being enquired into
and determined bya civiil court.
Settlement of dirpute.—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 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) If any such suit is inst1tuted and the plaintiff’s claim is finallv
established therein, the Collector shall, subject to the provisions of
Section 11, divide the treasure trove between him and the finder.
(2) If no Such suit is instituted as aforesaid, or ifthe claims of
the plaintiffs in all such suits are finally rejected, the Collector shall
deliver the treasure trove to the finder.
15. Power to acquire treasurelrooe on behalf of the Government—The
ColleCtor may, at any time after making a declaration under sub-section
(1) of section 8, and befo1e delivering or dividmg the treasure 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, by payment to the persons entitled thereto,
of a sum equal to the Value of the materials of such treasure trove or
portion, together with one‘fifth of Such value and may place such
sum in depos1t in a 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 and the money so deposited shall be dealt
with, as far as may be, as if it were such 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.
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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 act done by the Collector under this Act shall be called in
question in any civil court, and no suit or other proceedings shall lie
against him for anything done in good faith in exercise of the power
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 to alter such treasure 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 to six 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 of the 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 may extend 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 into efTect
the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may prowde for—
(a) the form of notice under section 3;
(b) the form and manner in which a notification under clause
(a) of sub-section (1) of section 4 may be published;
(cl the manner of service of the special notice under clause
(b) of sub-section (1) of section 4;
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146
(d) the manner in which search and seizure may be made
under sub-section (2) of section 4,
(a) the form ofdeclaration under sub-section (1) of section 8;
(f) the form in which an appeal may be picferred to the
Board of Revenue under sub-section (2) of section 8,
(g) any other matter which has to be, or may be, prescribed
by rules made under this Act.
(3) Every rule made under this Act shall be laid as soon as may
be after it is made before the Legislative Assembly while it is in seSSiOn
for a total period of fourteen days which may be comprised in one
session or in two successwe seSSions, and, if before the expiry of the
session in which it is so laid or the sessions immediately following, the
Legislative Assembly agrees that the rule should be either modified or
annulled, the rule shall thereafter have effect only in such modified
form or be of no efi'ect, as the case may be; so however that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
22. Refital.—-(l) The Travancore-Coehin Treasure Trove Act,
1951 (X of 1951) is hereby repealed.
(2) The Indian Treasure Trove Act, 1878 (Central Act 6 of
1878), as in force in the Malabar 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.
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