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Indian Treasure Trove Act, 1878 Part 2

Title: Procedure on Finding Treasure

State: Central

Year: 1878

.....published in the Official Gazette, have the force of law 2[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] _________________________ 1. Substituted by The Delegated Legislation Provisions (Amendment) Act, 2004. 2. Inserted by The Delegated Legislation Provisions (Amendment) Act, 2004. Section 19 - Power to make rules 1[(1) The State Government may, from time to time, make rules consistent with this Act, to regulate proceedings thereunder. Such rules shall, on being published in the Official Gazette, have the force of law 2[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] _________________________ 1. Substituted by The Delegated Legislation Provisions (Amendment) Act, 2004. 2. Inserted by The Delegated Legislation Provisions (Amendment) Act, 2004.

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Karnataka Treasure Trove Act, 1962 Chapter 3

Title: Disposal of Treasure Declared as Ownerless

State: Karnataka

Year: 1962

.....into an determined by a Civil Court. Section 13 - Settlement of dispute and division of treasure (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 plaintiffs 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. Section 14 - Division when value of treasure exceeds one lakh 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 one lakh of rupees, the Deputy Commissioner shall deliver so much of the treasure as is of the amount or value of one.....

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Karnataka Treasure Trove Act, 1962 Chapter 2

Title: Notice, Enquiry and Declaration Regarding Treasure

State: Karnataka

Year: 1962

.....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 the1[Karnataka Revenue Appellate Tribunal] and subject to such appeal, every such declaration shall be final and conclusive. _______________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.

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Karnataka Treasure Trove Act, 1962 Section 11

Title: When Only One Such Person Claims, and His Claim is Not Disputed, Treasure to Be Divided

State: Karnataka

Year: 1962

.....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.

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Indian Treasure Trove Act, 1878 Section 12

Title: When Only One Such Person Claims and His Claim is Not Disputed, Treasure to Be Divided

State: Central

Year: 1878

.....ma fix as the equivalent of the share of such other party, o 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 uncle section 9 rejected any claim made under this Act by any person of the. 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. When the Collector has made a division under this section, he shall to deliver to the parties the portions of such treasure, or the money in de lieu thereof, to which they are respectively entitled under such to division.

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Karnataka Treasure Trove Act, 1962 Complete Act

Title: Karnataka Treasure Trove Act, 1962

State: Karnataka

Year: 1962

.....treasure to be divided Section 12 - Stay of proceedings when ownership of place where treasure was found is in dispute Section 13 - Settlement of dispute and division of treasure Section 14 - Division when value of treasure exceeds one lakh Section 15 - Power to acquire the treasure on behalf of Government Chapter 4 Section 16 - Decision of Deputy Commissioner final and no suit to lie against him for acts done bone fide Section 17 - Deputy Commissioner to exercise powers of Civil Court Section 18 - Penalty on finder, failing to give notice, etc. Section 19 - Penalty on owner abetting offences under section 18 Section 20 - Power to make rules Section 21 - Repeal and savings

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Antiquities and Art Treasures Act 1972 Section 19

Title: Power of Central Government to Compulsorily Acquire Antiquities and Art Treasures

State: Central

Year: 1972

.....in a public place, that Government may make an order for the compulsory acquisition of such antiquity or art treasure. (2) On the making of an order under sub-section (1) the Collector of the district in which such antiquity or art treasure is kept shall given notice to the owner thereof intimating him of the decision of the Central Government to acquire the same and it shall be lawful for the Collector to take possession of such antiquity or art treasure, for which purpose the Collector may use such force as may be necessary. (3) Where the owner of any antiquity or art treasure he possession of which has been taken over by the Collector under sub-section (2) objects to the taking over of such possession, he may, within a period of thirty days from the date on which such possession was taken over, make a representation to the Central Government putting forth his objections: Provided that the Central Government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the owner of such antiquity or art treasure was prevented by sufficient cause from making the representation in time. (4) On receipt of any.....

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Indian Treasure Trove Act, 1878 Complete Act

Title: Indian Treasure Trove Act, 1878

State: Central

Year: 1878

.....- When no other person claims as owner of place, treasure to be given to finder Section12 - When only one such person claims and his claim is not disputed, treasure to be divided Section13 - In case of dispute as to ownership of place, proceedings to be stayed Section14 - Settlement of such dispute Section15 - and division thereupon Section16 - Power to acquire the treasure on behalf of the Government Section17 - Decision of Collector final, and no suit to lie against him for acts done bona fide Section18 - Collector to exercise powers of Civil Court Section19 - Power to make rules Part 3 Section20 - Penalty on finder failing to give notice, etc. Section21 - Penalty on owner abetting offence under section 20 ScheduleI - SCHEDULE

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Karnataka Treasure Trove Act, 1962 Section 3

Title: Notice to Deputy Commissioner of Finding of Treasure

State: Karnataka

Year: 1962

(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.

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Karnataka Treasure Trove Act, 1962 Section 15

Title: Power to Acquire the Treasure on Behalf of Government

State: Karnataka

Year: 1962

(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.

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