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Section 11: When only one such person claims, and his claim is not disputed, treasure to be divided

The Karnataka Treasure Trove Act, 1962State Act of Karnataka · Act 23 of 1963

(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 6 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.

Where this provision sits

ActThe Karnataka Treasure Trove Act, 1962
Section11
Marginal noteWhen only one such person claims, and his claim is not disputed, treasure to be divided
JurisdictionState of Karnataka
StatusIn force as published by the source

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