The Jammu and Kashmir Treasure Trove Act, 1954

Short title.--This Act may be called the Jammu and Kashmir Treasure Trove Act.

Application.--It shall not apply to a treasure which does not exceed in amount or value of ten rupees and is found from the house in which finder resides or from an ahata belonging to the finder and which is in his actual possession. But if a treasure consisting of ancient coins, the finder shall immediately deposit the treasure in the nearest Government Treasury.

Definitions Definitions.--"Treasure" means anything of any value hidden in the soil, or in anything affixed thereto.

Owatr. -

Notice by finder of treasure.

Procedure by Tehsildar on receiving notice.--On receiving such a notice, the Tehsildar shall after making a summary enquiry (if any) submit a report regarding the following to the Deputy Commissioner:

1. (i) the nature, amount, or value of the treasure found;
2. (ii) the place in which the treasure was found;
3. (iii) the name of the finder and of owner of the place in which the treasure is found;
4. (iv) any other information which may be required in this behalf.

Procedure by the Deputy Commissioner on the report of Tehsildar.--On receiving such an information, the Deputy Commissioner shall, if no summary enquiry under section 6, make an enquiry himself or direct the Tehsildar to enquire in the matter. He shall take the following steps, namely:

1. (a) He shall publish a notification to the effect that on a certain date, certain treasure mentioning its nature, amount, and value, was found in a certain place, requiring all persons claiming the treasure or any part thereof to appear personally or by agent before the Deputy Commissioner on a day and place therein mentioned.

Notification requiring claimants to appear.

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 8, shall forfeit such right.

Matters to be enquired into and determined by the Deputy Commissioner or Tehsildar.--On the day notified under section 8, the Deputy Commissioner or the Tehsildar, as the case may be, shall cause the treasure to be produced before him and shall enquire as to and determine:

1. (a) the person by whom, the place in which and the circumstances under which such treasure was found; and
2. (b) as far as possible the person by whom such treasure was hidden.

Treasure how to be divided.--Subject to the rule which may be made under provisions of this Act the treasure trove shall be divided equally between the Government on one hand and the finder and the person appearing as required by the notification under section 8 and claiming such treasure, on the other.

Time to be allowed for suit by persons claiming the treasure.--If upon an enquiry made under section 10, the Deputy Commissioner or the Tehsildar sees reason to believe that the treasure was hidden within one hundred years, before the date of the finding, by a person appearing by the said notification and claiming such treasure, or by some other person under whom such person claims, the Deputy Commissioner 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.

When treasure may be declared ownerless. Appeal against such declaration.--If, upon such enquiry the Deputy Commissioner or the Tehsildar, as the case may be, sees no reason to believe that the treasure was so hidden, or if where a period is fixed for the suit to be instituted as aforesaid, no such suit is instituted within such period, the Deputy Commissioner or if such suit is instituted within such period and the claimant's claim is finally dismissed, the Deputy Commissioner may declare the treasure to be ownerless. Any person by a declaration made as aforesaid is dissatisfied may appeal from the same within two months from the date thereof to the Revenue Minister.

Proceedings subsequent to declaration Proceedings subsequent to declaration.--When a declaration has been made in respect of any treasure and no other person has appeared as aforesaid, the treasure shall be given in accordance with the provisions hereinafter contained either to the finder thereof or both to the finder thereof and the owner of the place in which it has been found in the manner following:

1. (a) the remaining half shall be deposited in the Government Treasury, and the owner of the place where treasure is found shall be entitled to not more than half the treasure.

When no other person claims as owner of place, etc., finder to be declared owner.--When a declaration has been made as aforesaid, and no person other than the finder of the treasure has appeared as required by the notification published and claimed a share of the treasure as owner of the place in which it is found the Deputy Commissioner shall declare the finder to be the owner thereof.

When only one such person claims and his claim is not disputed, treasure to be divided; and when the person other than the finder so claimed and the claim of such person is disputed.--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 claimed and the claim of such person is not disputed, the Deputy Commissioner shall proceed to divide the treasure between the finder and the person so claiming: Provided, namely: If the finder and the person so claiming have entered into any agreement then in force as to the disposal of the treasure, then the value of the treasure shall be allotted to such person in accordance with such agreement. If such person have entered into any such agreement, then the half of the treasure shall go to the Government and the remaining half shall be disposed of in accordance therewith:

1. (a) allot to either party the whole or more than half of the treasure on such party paying to the owner of the place or other party, as the case may be, such sum of money, as the Deputy Commissioner may fix as the equivalent of the share of such other party in the treasure or the part thereof, or

In case of dispute as to ownership of place, etc., treasure to be deposited.--If the treasure has been found in any place, and two or more than two persons have claimed as owner of the place, the Deputy Commissioner shall deposit such treasure in the State Treasury and shall remain in abeyance till the final order is passed by the Civil Court.

Settlement of such dispute.--Any person who has so claimed may, within one month from the date of the order, institute a suit in the Civil Court to obtain a decree declaring his right.

And division.

Power to acquire the treasure on behalf of Government.--The [Deputy Commissioner] may at any time make an order for the acquisition of the treasure on behalf of the Government, and the money so paid shall be dealt with, as far as may be, as if it were such treasure.

Decision of Deputy Commissioner to be final and suit against him for acts done bona fide.--No decision made by the [Deputy Commissioner] under this Act shall be called in question by any civil court and no suit or other proceedings shall lie against him for anything done in good faith in exercise of the powers hereby conferred.

Officer making an enquiry to exercise powers of Civil Court.--The officer making any inquiry under this Act shall exercise the powers conferred by the Code of Civil Procedure for the purpose of the enquiry.

Power to make rules.--The [Government] may make rules to carry out the purposes of this Act.

Penalty on finder failing to give notice.--If the finder of any treasure fails to give the notice or does not make the deposit or give the security required by section 5, or alters or attempts to alter such treasure so as to conceal its identity, such treasure or the money in lieu thereof to which he would be entitled, shall vest in [the Government] and he shall, on conviction before [a Judicial Magistrate], be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Penalty on owner abetting offence.--If the owner of the place in which any treasure is found abets, within the meaning of the Ranbir Penal Code, any offence under section 24, the treasure, or the money in lieu thereof to which he would be entitled, shall vest in [the Government] and he shall, on conviction before [a Judicial Magistrate], be punished with imprisonment for a term which may extend to six months, or with fine, or with both.