Metal Detector Using in India legal or illegal?

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Do you need a Licence for a metal detector? No
StateKerala GovernmentYear1968

Act Info:

THE KERALA TREASURE TROVE ACT, 1968 [1]

THE KERALA TREASURE TROVE ACT, 1968 [1]

(Act 30 of 1968)

An Act to unify the laws relating to treasure trove in the State of Kerala

Preamble.

- WHEREAS it is expedient to unify the laws relating to treasure trove in the State of Kerala;

BE it enacted in the Nineteenth Year of the Republic of India as follows:-

Preliminary

1. Short title, extent and commencement.- (1) This Act may be called the Kerala Treasure Trove Act, 1968.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Collector" means the Collector of a district or any other officer appointed by the Government to exercise the powers and perform the functions of a Collector under this Act;

(b) "owner", in relation to any land or thing, means any person who is entitled, under any reservation in an instrument of transfer of such land or thing affixed thereto, to treasure trove in such land or thing;

(c) "treasure trove" means money, bullion or other valuables found hidden in the earth, the owner of which is unknown.

Procedure on Finding Treasure Trove

3. Notice by finder of treasure trove.- (1) Whenever any treasure trove-

(i) exceeding, in amount or value, twenty-five rupees; or

(ii) of historical, archaeological or artistic interest, whatever be its value,

is found, the finder shall, as soon as practicable, give to the Collector notice in writing-

(a) of the nature and amount or approximate value of such treasure trove;

(b) of the place in which it was found; and

(c) of the date of the finding,

and shall either deposit the treasure trove in the nearest Government treasury or give the Collector such security as the Collector thinks fit, to produce the treasure trove at such time and place as he may, from time to time, require.

(2) The owner of the place in which the treasure trove is found, if he is not the finder, and the occupier of such place if he neither the finder nor the owner, shall also give notice in writing to the Collector specifying the particulars referred to in clauses (a), (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 trove.

(3) If any question arises as to whether the amount or value of a treasure trove exceeds twenty-five rupees or whether a treasure trove is of historical, archaeological or artistic interest, the question shall be referred to the Collector who shall decide the same and his decision shall be final:

Provided that where the question referred to is as to whether a treasure trove is of historical, archaeological or artistic interest, the Collector shall, before deciding the question, consult the Director of Archaeology.

4. Notification requiring claimants to appear.- (1) The Collector shall, on receipt of a notice under section 3, and may, on receipt of information in any other manner that a treasure trove has been found in any place, take the following steps after making such enquiry, if any, as he thinks fit to make, namely:-

(a) he shall publish a notification in such form and in such manner as may be prescribed by rules made under this Act requiring all persons claiming the treasure trove or any part thereof to appear personally or by agent before the Collector on a day and at a place therein specified, such day not being earlier than one month, or later than two months, after the date of the publication of such notification;

(b) when the place in which the treasure trove appears to the Collector to have been found was, at the date of the finding, in the possession of some person other than the finder, the Collector shall also serve on such persona special notice in writing to the same effect.

(2) Where the finder of a treasure trove fails to give notice as required under section 3 and the Collector receives information in any other manner that a treasure trove has been found, the Collector may, if he is satisfied that there is a likelihood of the treasure trove being removed, search for seize and take into custody, the treasure trove, before taking action under sub-section (1).

5. Forfeiture of right on failure to appear.- Any person having any right to such treasure trove 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 sub-section (1) of section 4 on the day specified in that notification, or on such subsequent day as may be fixed by the Collector for sufficient reason, shall forfeit such right.

6. Matters to be enquired into and determined by the Collector.- On the day s

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