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Treasure Trove Act 1957 (Revised 1995)

LAWS OF MALAYSIA

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Act 542

TREASURE TROVE ACT 1957

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

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TREASURE TROVE ACT 1957

First enacted ... ... ... ... ... ... ... 1957 (F.M. Ord. No. 14 of 1957)

Revised ... ... ... ... ... ... ... 1995 (Act 542 w.e.f. 15 December 1995)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2002

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LAWS OF MALAYSIA

Act 542

TREASURE TROVE ACT 1957

ARRANGEMENT OF SECTIONS

PART I

SHORT TITLE AND INTERPRETATION

Section

1. Short title and application

2. Interpretation PART II

DISCOVERY OF, AND PROPERTY IN, ANTIQUITIES

3­10. (Deleted)

PART III

EXCAVATIONS

11­16. (Deleted)

PART IV

ANCIENT MONUMENTS AND HISTORICAL SITES

17­20. (Deleted)

PART V

ARCHAEOLOGICAL RESERVES

21­22. (Deleted)

4 Laws of Malaysia ACT 542

PART VI

TREASURE TROVE

Section

23. Notice of discovery of treasure trove

24. Notification requiring claimants to appear

25. Forfeiture of right on failing to appear

26. Matters to be enquired into

27. Time to be allowed for suit by claimant

28. When treasure trove may be declared ownerless

29. When treasure trove vests in Government

30. Disposal of treasure trove PART VII

EXPORT OF ANTIQUITIES

31­34. (Deleted)

PART VIII

POWERS OF THE DIRECTOR GENERAL

35. Power of Director General to inspect any treasure trove

36. Delegation of powers PART IX

PENALTIES

37. Penalties

38. Restriction on prosecution

39. Forfeiture of claims to and interest in treasure trove PART X

MISCELLANEOUS, RULES AND REPEAL

40­41. (Deleted)

42. Magistrate's Court to have full jurisdiction

43. (Deleted)

44. Rules

45. Repeal 5Treasure Trove

LAWS OF MALAYSIA

Act 542

*TREASURE TROVE ACT 1957

An Act to regulate the law relating to treasure trove and other matters connected therewith.

[1 July 1957]

PART I

SHORT TITLE AND INTERPRETATION

Short title and application

1. (1) This Act may be cited as the Treasure Trove Act 1957. (2) This Act shall apply only to **Peninsular Malaysia. Interpretation

2. (1) In this Act, unless the context otherwise requires-- "Director General" means the Director General of Museums, Malaysia;

"District Officer" includes, in relation to any area comprised within any municipality, the Secretary to such municipality and the word "District" shall be deemed to include, when appropriate, a reference to such area;

"occupier" includes the cultivator or person in actual posession, management or control of any land, and includes any person having the possession or control of any movable property; *NOTE--This Act has since been repealed by the National Heritage Act 2005 [Act 645] w.e.f. 1 March 2006 by P.U. (B) 53/2006 but shall continue to apply to those States which do not adopt the provisions of Part XI of Act 645 by a law made by the Legislature of the relevant States in accordance with Clause (3) of Article 76 of the Federal Constitution­see section 125 of Act 645. **NOTE--All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia"­ see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2). 6 Laws of Malaysia ACT 542

"owner" means, in relation to any land, the registered proprietor thereof in the States of the Federal Territory of Kuala Lumpur, Johor, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu and the legal owner or holder by customary tenure thereof in the States of Malacca and Penang; "treasure trove" means any money, coin, gold silver, plate, bullion jewellery, precious stones or any object or article of value found hidden in, or in anything affixed to, the soil or the bed of a river or of the sea, the owner of which is unknown or cannot be found, but shall not include any antiquity.

(2)­(3) (Deleted by Act 168).

PART II

DISCOVERY OF, AND PROPERTY IN, ANTIQUITIES

3­10. (Deleted by Act 168).

PART III

EXCAVATIONS

11­16. (Deleted by Act 168).

PART IV

ANCIENT MONUMENTS AND HISTORICAL SITES

17­20. (Deleted by Act 168).

PART V

ARCHAEOLOGICAL RESERVES

21­22. (Deleted by Act 168).

PART VI

TREASURE TROVE

Notice of discovery of treasure trove

23. (1) Any person who discovers any treasure trove shall, except in any case in which he has already given notice of his discovery and delivered up any object or monument which he has reason to 7Treasure Trove

believe to be an antiquity or ancient monument so discovered under section 4 of the *Antiquities Act 1976 [Act 168], forthwith give notice of such discovery to the District Officer of the District wherein the treasure trove was discovered and shall deliver the treasure trove to the District Officer, who shall give a receipt therefor.

(2) A District Officer receiving notice under subsection (1) shall communicate the same to the State Secretary of the State wherein such treasure trove was discovered.

(3) (Deleted by Act 168).

(4) If the District Officer has reason to believe that any treasure trove has been discovered in his District and the discovery of the same has not been notified to him under this Act he shall by notice in writing require the finder or suspected finder thereof to appear personally before him on a day and at a place mentioned and to deliver up to him all such treasure trove or suspected treasure trove so discovered, and the District Officer shall give a receipt therefor. Notification requiring claimants to appear

24. (1) On receiving a notice under section 23 or where any such treasure trove or suspected treasure trove has been delivered to him under subsection 23(4) the District Officer shall cause a notice to be published in the Gazette in two successive issues requiring all persons claiming the treasure trove or any part thereof to appear personally or by agent before the District Officer on a day and at a place therein mentioned, such day not being earlier than two months or later than three months after the date of the first publication of such notification in the Gazette. Such notice shall also be published locally in the District for a period of not less than one month and a copy thereof shall be posted at the place where the treasure trove was found.

(2) Where the owner or occupier of the place in which the treasure trove appears to the District Officer to have been discovered was at the date of the discovery some person other than the finder, the District Officer shall also serve on such person a notice in writing to the same effect.

*NOTE--The Antiquities Act 1976 [Act 168] has seen been repealed by the National Heritage Act 2005 [Act 645] w.e.f. 1 March 2006 by P.U. (B) 53/2006­see section 125 of Act 645. 8 Laws of Malaysia ACT 542

Forfeiture of right on failing to appear

25. Any person having any right, howsoever arising to such treasure trove or any part thereof, and wilfully failing to appear as required by the notification issued under section 24, shall forfeit such right.

Matters to be enquired into

26. (1) On the day and at the place notified under section 24 the District Officer shall cause the treasure trove to be produced before him and shall enquire as to and determine--

(a) whether any object or article is treasure trove; (b) the person by whom, the place in which, and the circumstances under which, such treasure trove was discovered; and

(c) as far as is possible, the person by whom, and the circumstances under which, such treasure trove was hidden. (2) The District Officer may adjourn the hearing at any stage or for any period and shall record his reasons for such adjournment. Time to be allowed for suit by claimant

27. If, upon an enquiry made under section 26, the District Officer has reason to believe that the treasure trove was hidden within fifty years before the date of the discovering, by a person appearing as required by the said notification and claiming such treasure trove, or by some other person under whom such person claims, the District Officer 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 a court of competent jurisdiction by the claimant to establish his right.

When treasure trove may be declared ownerless

28. (1) If-- (a) upon such enquiry the District Officer sees no reason to believe that the treasure trove was so hidden;

9Treasure Trove

(b) where a period is fixed under section 27, no suit is instituted as aforesaid within such period to the knowledge of the District Officer; or

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

the District Officer may declare the treasure trove to be ownerless. (2) Any person aggrieved by a declaration made under subsection (1) may appeal against the same within two months from the date thereof to the High Court.

(3) Subject to such appeal, every such declaration shall be final and conclusive.

When treasure trove vests in Government

29. When a declaration has been made in respect of any treasure trove under section 28, such treasure trove shall vest in and belong to the Government of the State wherein the same was discovered. Disposal of treasure trove

30. The Government of the State may in its discretion pay as a reward to the finder of any treasure trove and to the owner of any land in which it was found such sums at it may think fit. PART VII

EXPORT OF ANTIQUITIES

31­34. (Deleted by Act 168).

PART VIII

POWERS OF THE DIRECTOR GENERAL

Power of Director General to inspect any treasure trove

35. The Director General or any officer authorized by him in writing for that purpose may at all reasonable times inspect any treasure trove in the possession of any person; and it shall be the duty of every such person to permit such inspection and further 10 Laws of Malaysia ACT 542

to give to the Director General or such officer all reasonable facilities to study such treasure trove and to make drawings, photographs, squeezes or reproductions thereof by the making of casts or by any other means:

Provided that no such drawings, photographs, squeezes or reproductions shall be sold without the consent of the person in possession of the treasure trove.

Delegation of powers

36. The Director General may, with the approval of the Minister, generally or specially authorize the exercise, performance or discharge of any of his powers, duties or functions under this Act or any regulations or rules made thereunder by any other officer. PART IX

PENALTIES

Penalties

37. (1) Any person who, being the finder of any treasure trove fails to report the same or to deliver up the same or to state the circumstances of the discovery or the origin of the same, or wilfully makes a false report of such circumstances or such origin, shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand ringgit or to both. (2)­(10) (Deleted by Act 168).

Restriction on prosecution

38. A prosecution for any offence against this Act shall not be instituted except by or with the consent of the Public Prosecutor. Forfeiture of claims to and interest in treasure trove

39. (1) Any person who is convicted of any offence under this Act in respect of any treasure trove shall by virtue of such conviction forfeit all claim to or interest in the same or the value thereof or any reward in connection with the finding thereof, and in any such case the Magistrate may order the treasure trove to be delivered up to the State Secretary on behalf of the Government of the State 11Treasure Trove

wherein the same was discovered; and where the Magistrate makes such order it shall be the duty of any person in whose possession the treasure trove may be to deliver it accordingly. (2) The Ruler in Council or the Yang di-Pertua Negeri in Council may order any treasure trove forfeited under this section to be delivered to the owner or other person entitled thereto or returned to the finder, as the case may be, upon such terms and conditions as it may deem fit.

PART X

MISCELLANEOUS, RULES AND REPEAL

40­41. (Deleted by Act 168).

Magistrate's Court to have full jurisdiction

42. Notwithstanding anything contained in the Subordinate Courts Act 1948 [Act 92], a Magistrate's Court shall have jurisdiction to pass any sentence provided in this Act or any rule made thereunder for such offence.

43. (Deleted by Act 168). Rules

44. The Ruler in Council or the Yang di-Pertua Negeri in Council may make rules for the purpose of carrying out or giving effect to this Act, and, without prejudice to the generality of the foregoing, may make rules--

(a)­(b) (Deleted by Act 168).

(c) prescribing a penalty of a fine not exceeding five hundred ringgit for the contravention or failure to comply with any of the provisions of any rule made under this section. Repeal

45. The Treasure Trove Enactment 1936 of the State of Johor [No. 28 of 1936] and the Treasure Trove Enactment of the State of Kedah [No. 22 of 1357 (A.H.)] are hereby repealed. 12 Laws of Malaysia ACT 542

LAWS OF MALAYSIA

Act 542

TREASURE TROVE ACT 1957

LIST OF AMENDMENTS

Amending law Short title In force from

L.N. 332/1958 Federal Constitution (Modification 13-11-1958 of Law) (Ordinances and

Proclamations) Order 1958

Act 160 Malaysian Currency (Ringgit) 29-08-1975

Act 1975

Act 168 Antiquities Act 1976 26-03-1976

13Treasure Trove

LAWS OF MALAYSIA

Act 542

TREASURE TROVE ACT 1957

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 L.N. 332/1958 13-11-1958

Act 168 26-03-1976

Part II Act 168 26-03-1976

Part III Act 168 26-03-1976

Part IV Act 168 26-03-1976

Part V Act 168 26-03-1976

23 L.N. 332/1958 13-11-1958

Act 168 26-03-1976

29 L.N. 332/1958 13-11-1958

Part VII Act 168 26-03-1976

35 L.N. 332/1958 13-11-1958

Act 168 26-03-1976

37 Act 160 29-08-1975

Act 168 26-03-1976

39 L.N. 332/1958 13-11-1958

Act 168 26-03-1976

40 Act 168 26-03-1976

41 Act 168 26-03-1976

43 Act 168 26-03-1976

44 Act 160 29-08-1975

Act 168 26-03-1976

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA