Chapter III DISPOSAL OF TREASURE DECLARED AS OWNERLESS

When a declaration that a treasure is ownerless has been made under section 8, such treasure shall be disposed of in accordance with the provisions of this Chapter.

When a declaration has been made under section 8, in respect of any treasure and no person other than the finder of such treasure has appeared in an enquiry under section 6, and claimed the treasure or a part thereof as owner of the place in which it has been found or otherwise, the Deputy Commissioner shall, subject to the provisions of section 14 deliver such treasure to the finder thereof.

(1) When a declaration has been made under section 8 in respect of any treasure, and only one person other than the finder of such treasure has appeared in an enquiry under section 6, and claimed the treasure or a part thereof and the claim of such person is not disputed by the finder, the Deputy Commissioner shall subject to the provisions of section 15 proceed to divide the treasure between the finder and the person so claiming in the following manner, namely:—

(a) if the finder and the person so claiming have entered into any agreement then in force as to the disposal of the treasure, the treasure shall be disposed of in accordance with such agreement;

(b) if the finder and the person so claiming have not entered into any agreement then in force as to the disposal of the treasure, one-half of the treasure not exceeding a lakh of rupees in amount or value shall be allotted to such finder and the remainder to such person:

Provided that the Deputy Commissioner may, in any case, if he thinks fit, instead of dividing any treasure as specified in clause (a) or (b),-

(i) allot to either party the whole or more than his share of such treasure on such party paying to the Deputy Commissioner for payment to the other party, such sum of money as the Deputy Commissioner may fix as the equivalent of the share of such other party or of the excess so allotted, as the case may be;

(ii) with the sanction of the State Government, and subject to its instructions, if any, sell such treasure or any portion thereof by public auction and divide the sale proceeds between the parties according to clause (a) or (b), as the case may be:

Provided further that when the Deputy Commissioner has made a declaration under section 8, a division under this sub-section shall not be made until after the expiration of sixty days from the date of such declaration or when an appeal against such declaration is preferred under sub-section (3) of section 8 after such appeal has been dismissed, whichever is later.

(2) When the Deputy Commissioner has made a division under sub-section (1), 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.

When a declaration has been made under section 8 in respect of any treasure, and two or more persons have appeared in the enquiry under section 8 and each of them claimed as owner of the place where such treasure was found or otherwise, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure, the Deputy Commissioner shall retain such treasure, and shall make an order staying his proceedings with a view to the matter being enquired into an determined by a Civil Court.

(1) Within thirty days from the date of an order under section 12, a person claiming any right referred to therein, may 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 Deputy Commissioner shall be made defendants.

(2) If any such suit is instituted and the plaintiff’s claim is finally established therein the Deputy Commissioner shall, subject to the provisions of section 11, divide the treasure between him and the finder.

(3) If no such suit is instituted as aforesaid or if the claims of the plaintiff in all such suits are finally rejected, the Deputy Commissioner shall deliver the treasure subject to the provisions of section 14 to the finder.

If in the cases referred to in section 10 or sub-section (3) of section 13, the amount or value of the treasure found exceeds Rs. 1,00,000, the Deputy Commissioner shall deliver so much of the treasure as is of the amount or value of Rs. 1,00,000 to the finder and shall declare the excess to be at the disposal of Government.

(1) The Deputy Commissioner may, at any time after making a declaration under section 8 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 or 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 a Government treasury to the credit of such person, 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 may be, as if it were such treasure or portion.

(2) In determining the value of the materials of a treasure or portion for purposes of sub-section (1), any increase in the value of such materials or portion by reason of their being of historical or archaeological importance shall not be taken into consideration.