Provided that in the case of any agreement between the finder and the Government, the treasure shall be divided in accordance with the terms thereof", shall be substituted.

Substitution of section 12 of Central Act 6 of 1878 For section 12 of the principal Act, the following shall be substituted, namely:-- "12. When only one such person claims, and his claim is not disputed, treasure to be divided and shares to be delivered to parties.--(1) 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 or the Government, the Collector shall proceed to divide the treasure between the finder, the Government and the person so claiming according to the provisions of sub-section (2).

1. (2) If the Government, the finder and the person so claiming or any two of them have not entered into any agreement then in force as to the disposal of the treasure, one-half of the treasure shall be allotted to such finder and the owner in equal shares and the residue shall vest in the Government. If the Government, such finder and such person have entered into any such agreement the treasure shall be disposed of in accordance therewith. In case the Government and such finder only have entered into any such agreement three-forths of the treasure shall be disposed of in accordance with terms thereof and the residue will be allotted to such claimant. If such finder and such claimant only have entered into any such agreement, one-half of the treasure shall be disposed of in accordance therewith and the remaining half shall vest in the Government: Provided that the Collector may, in any case if he thinks fit, instead of dividing any treasure as directed by this sub-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 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 this sub-section : Provided further 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.
2. (3) 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 division".