Indian Treasure Act: A desire must have come to your mind at some point or the other. How wonderful it would be if I found some treasure buried in the ground. You must have heard many times that a treasure buried in so and so’s field was found and he became rich overnight. Now the question is that if some buried treasure is found in someone’s field or land, then who will be its owner. Is it possible that treasure may be found on your land and the government may confiscate it? Is there any law regarding this or does it just work as per the government’s whims?
First of all, it is important to tell you that there is a proper law regarding treasury in the country. It is also defined under the Indian Treasure Trove Act, 1878. This law decides that if any treasure is discovered from someone’s private property or land in the country, then whose ownership is it. Even though this law was made during the British era, it is implemented well even today and the ownership of the treasure is decided under its provisions.
what is treasure
Before giving information about legal maneuvers regarding treasure, it is important for you to know what is called treasure. According to the Indian Treasure Act, any gold, silver, coins, jewellery, precious stones or other valuable item which is at least 100 years old and is found buried in the ground is called ‘treasure’. Obviously, any such thing which falls within this scope will be considered as treasure and all the provisions of the Treasure Act will be applicable on it.
What to do if you find treasure
It is clearly stated in the Treasure Act, 1878 that if a person finds treasure, instead of keeping it with him silently, he will have to immediately inform the collector or police of his district. If it is hidden or sold then it will be illegal and can also be punished under the provision. This means that even if you find the treasure on your land or farm, it is necessary to immediately inform the District Collector or the local police. However, this does not mean that the collector or the police will come and confiscate that treasure. It is just necessary to give them information.
Who will be the owner of the treasure?
There are many provisions regarding the ownership rights of treasure extracted from the ground, which apply according to different situations. If the treasure is from your private land then the government does not have the right to confiscate it. If the person who owns the land also gets the treasure, then under the law that person will be considered to have the right over it. The Supreme Court and the High Court have also given many decisions in this regard. According to the court also, if treasure is found from someone’s private land or farm and no legal heir of that treasure comes forward, then only the person from whose farm or land the treasure is found will have the right over it. The government cannot even touch this treasure.
If it comes from someone else’s land…
A clear law regarding this has also been made in the Treasury Act. Suppose the land belongs to someone else and the treasure is discovered on it by someone else, then both the owner of the land and the one who finds the treasure will have half the rights. In such a case, 50 percent of the treasure will be given to the owner of the land and 50 percent will be given to the person who finds it.
What will happen if the treasure is found on government land?
Under the Treasury Act, 1878, if treasure is recovered from any government land, forest, railway or any other place, then the government will have full rights over it. Even if the treasure is discovered by some other person on government land, he will not get any share. This entire treasure will go to the government. Yes, if the government wants, it can give some part as a reward to the person who finds it. In this way, three situations arise regarding the treasury and the law has made clear provisions in all three.
