Malaysia legislation

Section 6

of Antiquities and Treasure Trove Enactment 1977

Section 6

(1)

On the discovery of any antiquity other than an ancient monument, a District

Officer or President shall be entitled to the custody and possession of the same on behalf of the Director and shall forthwith deliver the same to the Director who shall be responsible for its recording, preservative treatment and after consultation with the Museum Committee, ultimate disposal.

(2)

The Director may decide not to retain such antiquity and the same shall then be returned to the person who delivered up possession thereof to the District Officer or the

President and thereupon the property in such antiquity shall be deemed to have been transferred to the person to whom such antiquity would have belonged if section 4 of this

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Enactment had never been enacted.

(3)

When any antiquity is retained by the Director there shall, subject to the provisions of section 8 of this Enactment, be paid by the Government ―

(a)

one-half of the market value of the antiquity to the finder thereof and one-half of such value to the owner of the land in/or on which the same was discovered, or, where the same person is both the finder of the same and the owner of such land, the whole of such value to such person; or

(b)

where the antiquity is found in or on State land, on land reserved for any public purpose or in any forest reserve by any person (other than a person acting under authority in the discharge of any function or duty under this Enactment) one-half of the market value of the same to the finder thereof:

Provided that on the retention of any antiquity no such payment as aforesaid shall be made to the finder thereof where the finder has failed to report the discovery of the same in accordance with the provisions of section 5 of this Enactment.

Apportionment of antiquities.