#THE INDIAN TREASURE-TROVE ACT, 1878 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

PREAMBLE 

###PRELIMINARY 

SECTIONS 

1.  Short title. 
Extent. 

2.  [Repealed.]. 
3.  Interpretation-clause. 
“Treasure” 
“Collector” 
“Owner” 

###PROCEDURE 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  claim  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 give notice, etc. 
21.  Penalty on owner abetting offence under section 20. 
SCHEDULE.— [Repealed.]. 

 

#THE INDIAN TREASURE-TROVE ACT, 1878 

##ACT NO. 6 OF 1878
[^1]

[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 Indian Treasure-trove Act, 1878. 

**Extent.**—It extends to the whole of India except the territories which, immediately before the 1st 
November, 1956, were comprised in Part B States. 

###STATE AMENDMENT 

**Maharashtra**

**In the principal Act,--In section 1,--**

  (i) to the second paragraph the following proviso shall be added, namely:- 

 “Provided that on the commencement of the Indian Treasure-trove (Extension to Hyderabad and 
Saurashtra area of Bombay State) Act, 1957 (Bom. XXXIII of 1958), this Act shall also extend to and 
be in force in, the Hyderabad and Saurashtra area of the State of Bombay.” 

  (ii) against the proviso so inserted the marginal note “commencement in certain areas” shall be 
inserted; 

*[Vide* Bombay Act XXXIII of 1958, s. 3] 

2. *[Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891 (12 of 1891), s. 2 and the 
First Schedule*. 



[^1]. This Act has been declared to be in force in — 

Sonthal Parganas by the Sonthal Parganas Settlement Regulation (Reg. 3 of 1872), s. 3; Khondmals  District by the 
Khondmals  Laws  Regulation,  1936  (Reg.  4  of  1936),  s.  3  and  Sch.  and  Angul  District  by  the  Angul  Laws 
Regulation, 1936 (Reg. 5 of 1936), s. 3 and Sch. 
It has also been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in 
force in the Scheduled Districts of Hazaribagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in 
the  District of Singbhum—see  Gazette of India, 1881, Pt. I, p. 504 (The District of  Lohardaga  included at that time 
the  present  District  of  Palamau,  which  was  separated  in  1894;  Lohardaga  is  now  called  the  Ranchi  District;  see 
Calcutta Gazette, 1899, Pt. 1. P. 44.) 

It  has  been  extended  to  and  brought  into  force  in  Dadra  and  Nagar  Haveli  by  Reg.  6  of  1963,  s.  2  and  Sch.  I 
(w.e.f. 1-7-1965), to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 (w.e.f. 1-2-1965) and Sch. and to the whole of the 
Union Territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. with modification (w.e.f. 1 -10-1967). 

The Act came into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I. 
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955.  
Amended in— 

Bihar by Bihar Act 22 of 1947. 
Madras by Madras Act 36 of 1949. 
Punjab by Punjab Act 24 of 1960. 
Andhra Pradesh by Andhra Pradesh Act 15 of 1972. 



###STATE AMENDMENT 
 
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)  any  Revenue  Officer  in  independent  charge  of  a 
district,  and  (2)  any  officer  appointed  by  the  State  Government  to  perform  the  functions 
of a Collector under this Act. 

  **Owner.**—“OWNER”  means  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  he  may 
from time to time require. 

5. **Notification requiring claimants to appear.**—On  receiving  a  notice  under  section  4,  the 
Collector  shall,  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  State  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 claiming 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 notification; 

  (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 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 hi m, 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 claiming 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,  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 claim 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.[^2]

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 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 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  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 money as the Collector may fix a s 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  re jected  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. 

[^2]. For definition of Chief Controlling Revenue Authority, see the General Clauses Act, 1897 (10 of 1897), s. 3(10). 

 
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 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 into 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 plaintiffs 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  intention  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 may 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 is 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 proceeding shall lie against him for anything 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 (14 of 1882) on a Civil Court for the 
trial of suits. 

19. **Power to make rules.**—The  State  Government  may,  from  time  to  time,  make  rules  consistent 
with this Act, to regulate proceedings hereunder. 

Such rules shall, on being published in the 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 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 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  Indian  Penal  Code  (45  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, shall vest in 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. 

**Maharashtra**

after section 21, the following section be inserted, namely:-- 

“**22. Repeal and savings.**—The Hyderabad Treasure-Trove Act, 1322F (Hyd. III of 1322F ), and 
the Indian Treasure-trove Act, 1878, as modified and applied by the State of Saurashtra (Application 
of Central and Bombay Acts) Ordinance, 1948 (San. Ord. XXV of 1948), are hereby repealed: 

Provided that, notwithstanding such repeal, anything done or action taken (including any notice 
or  security  given,  any  forfeiture,  determination,  declaration,  delivery,  division,  acquisition  or  order 
made, all rights, obligations and liabilities acquired, accrued or incurred, penalties imposed, and all 
proceedings  and  appeals  pending  before  the  Collector,  Chief  Controlling  Revenue  Authority, 
Talukdar,  Subedar,  Board  of  Revenue  or  other  authority,  and  all  powers  conferred  therefor)  by  or 
under the provisions of any law so repealed shall be deemed to be done, taken given, made, acquired, 
accrued, incurred, imposed, pending or conferred, under the provisions of this Act, as if this Act had 
then  been  in  force;  and  accordingly  all  such  proceedings  and  appeals  pending  before  any  such 
authority as aforesaid shall stand transferred, where necessary, to the corresponding authority under 
this Act; and if no such authority exists or if there be a doubt as to the corresponding authority, to 
such authority as the State Government may designate, and shall be continued and disposed of before 
such authority in accordance with the provisions of this Act,” 

*[Vide* Bombay Act XXXIII of 1958, s. 3] 

 
 
 
*SCHEDULE.—Rep.  by  the  Repealing  and  Amending  Act,  1891  (12  of  1891),  s.  2  and  the  First 
Schedule.*