Chapter II NOTICE, ENQUIRY AND DECLARATION REGARDING TREASURE

(1) Whenever any treasure exceeding in amount or value ten rupees is found, the finder shall forthwith give to the Deputy Commissioner, notice in writing of,— (a) the nature and amount or approximate value of such treasure; (b) the place in which and the circumstances under which it was found; and (c) the date of the finding; and shall either deposit the treasure in the nearest Government Treasury, or give the Deputy Commissioner such security as the Deputy Commissioner thinks fit, to produce the treasure at such time and place as he may from time to time require. (2) The owner of the place in which the treasure 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 Deputy Commissioner specifying the particulars referred to in clauses (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.

The Deputy Commissioner shall, on receipt of a notice under section 3, and may, on receipt of information in any other manner that treasure has been found in any place, take the following steps after making such enquiry, if any, as he thinks fit, namely:— (a) he shall send a report to the State Government, the Director and the prescribed officer, stating as far as possible,- (i) the name and other particulars of the finder; (ii) the name and other particulars of the owner and occupier of the land in which the treasure was found; (iii) the nature and details of the treasure; (iv) the approximate value of the treasure; (v) the place in which and the date on which the treasure was found; (vi) the origin and surrounding of the treasure; (b) he shall publish a notification in the prescribed manner specifying the nature, amount and approximate value of the treasure and the date on which and the place at which such treasure was found and requiring all persons claiming the treasure, or any part thereof, to appear personally or by agent before the Deputy Commissioner at such time and place on such day as shall be specified in such notification, such day not being earlier than four months, or later than six months, after the date of publication of such notification; (c) when the place in which the treasure appears to the Deputy Commissioner to have been found was at the date of the finding in the possession of, or belonged to, some person other than the finder, the Deputy Commissioner shall serve on such person and on the finder, a copy of the notification referred to in clause (b) as soon as may be, after its issue.

Any person having any right to the treasure notified under section 4 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 4, shall forfeit such right.

On the day specified in the notification under section 4, the Deputy Commissioner shall cause the treasure to be produced before him and shall, after giving an opportunity to the persons appearing to be heard, and after such inquiry as may be necessary, 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.

(1) If upon an enquiry made under section 6, the Deputy Commissioner considers that there are reasons 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 notification under section 4, 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.

(2) Where a claimant establishes his right to the treasure in a suit instituted under sub-section (1), the Civil Court may award the finder a reward not exceeding one-fourth the value of the treasure which shall be paid by the claimant establishing his right to the treasure.

(1) (a) If upon an enquiry under section 7, the Deputy Commissioner considers that there are no reasons to believe that the treasure was hidden within one hundred years before the date of finding by a person referred to in sub-section (1) of section 7; or

(b) where a period is fixed under sub-section (1) of section 7 for institution of a suit in a Civil Court and no suit is instituted within such period to the knowledge of the Deputy Commissioner; or

(c) if such suit is instituted within such period, and the plaintiff’s claim is finally rejected;

the Deputy Commissioner may declare the treasure to be ownerless.

(2) When a declaration is made under sub-section (1), a report thereof shall be sent by the Deputy Commissioner to the State Government and the prescribed officer.

(3) Any person aggrieved by a declaration made under sub-section (1), may appeal against the declaration within sixty days from the date thereof to the Karnataka Revenue Appellate Tribunal and subject to such appeal, every such declaration shall be final and conclusive.