Act Description : ANDHRA PRADESH EXCHEATS AND BONA VACANTIA ACT,

1974

Act Details :

 

ANDHRA PRADESH EXCHEATS AND BONA VACANTIA ACT, 1974

 

35 of 1974 

An Act to provide for the determination, custody and disposal, of property vested in the State of Andhra Pradesh by escheat or lapse or as Bona Vacantia for want of a ful owner and of unclaimed property and for matters connected therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty fifth year of the Republic of India as follows

 

CHAPTER 1 Preliminary

 

Section 1 Short title, extent and commencement

 

(1) This Act may be called the Andhra Pradesh Escheats and Bona Vacantia Act, 1974.

 

(2) It extends to the whole of the State of Andhra Pradesh.

 

(3) It shall come into force on such date as the Government may, by

 

notification, appoint.

Section 2 Definitions

 

In this Act, unless the context otherwise requires,-

(i) "bona vacantia" includes any property, situated in the State of which there is no ful owner, but does not include an escheat on any movable property found in a public place;

 

(ii) " competent authority" means the chief controlling authority specified in Section 4;

 

(iii) "court" means any civil court of competent jurisdiction ;

 

(iv) "escheat" means any property the owner of which dies intestate and and without leaving legal heir;

 

(v) "Government" means the State Government;

 

(vi) "local officer" means the officer appointed under Section 5;

 

(vii) "Notification" means a notification published in the Andhra Pradesh Gazette ; and the word "notified" shall be construed accordingly;

 

(viii) "Prescribed" means prescribed by rules made by the Government

under Act

CHAPTER 2 General

 

Section 3 Ownership of property accruing by escheat or lapse or as bona vacantia

 

All property situated in the State, which is vested in the State by escheat or lapse or as bona vacantia for want of a ful owner, shall belong to the Government and the Government shall be the owner of all such property.

Section 4 General superintendence of escheats and bona vacantia

 

Subject to the general or special orders of the Government, the general superintendence of all escheats and bona vacantia shall be vested in the Board of Revenue or in such other officer or authority as may be empowered by the Government in this behalf, who shall be the chief controlling authority in all matters connected with the administration of escheats and bona vacantia under this Act.

 

Section 5 Local officers

 

(1) The Government may, by notification, appoint the District Collector or such other officers as they may deem fit to be the local officers for each district, to exercise the powers and perform the functions assigned by or under this Act, subject to the general control and

directions competent authority.

 

(2) The Government may, by notification, appoint such number of other officers as may be necessary for the purposes of this Act, to assist the local officer.

Section 6 Powers of disposal of escheat or bona vacantia

 

(1) Save as otherwise provided in this Act, an escheat or bona vacantia may be disposed of

 

(a) by the Government irrespective of its value;

(b) by the competent authority, where its value does not exceed ten thousand rupees;

(c) by the local officer, where its value does not exceed two thousand rupees;

 

(2) The power to dispose of an escheat or bona vacantia under sub-section (1) shall include the power:

 

(i) to decide whether the claim of Government should be asserted and the property taken into custody;

(ii) to make equitable disposition of property which devolves by escheat;

(iii) to take charge of the property to which the claim of the Government has been asserted and to arrange for its care and maintenance during the period when it is in their custody.

 

CHAPTER 3 Declaration of Property as an Escheat or a Bona Vacantia and its disposal

 

Section 7 Inquiry relating to escheat or bona vacantia by local officer

 

Whenever the local officer receives information from any source that any property of the nature of an escheat or a bona vacantia is situated or lying within his jurisdiction, he shall cause an inquiry to be made in respect thereof.

Section 8 Local Officer to institute a suit for recovery of possession of escheat or bona vacantia when the person in possession resists

 

(1) Where, as a result of the inquiry under Section 7, the local officer is satisfied that the property of the nature of an escheat or bona vacantia is in the possession of a person who has no authority to claim it and if such person resists to surrender such possession on demand, the local officer may after obtaining the sanction of the competent authority, institute a suit in a court for declaration of the Government's to the property and for recovery of possession of such property.

 

(2) Where the court has declared that the property is an escheat or a bona vacantia , the local officer shall obtain the possession thereof through the court and manage it or dispose it of in such manner as may be prescribed.

Section 9 Local officer to take into custody and to arrange

for care and maintenance of property which is not in the possession of any person or its possession is surrendered

 

Where the property of the nature of an escheat or a bona vacantia is not in the possession of any person or where the person in possession surrenders such possession when demanded, the local officer shall take the property into his custody and arrange for its care and maintenance until the claim is settled under S.11.

Section 10 Disposal by local officer of property in certain cases

 

(1) The local officer shall prepare on the site and in the presence of not less than five respectable persons of the locality an inventory of the property taken into his custody under Section 9 and forthwith send a report in the prescribed form to the competent authority, together with a copy of the inventory.

 

(2) Where such property is an immovable property, the leasehold thereof shall be sold by public auction by such revenue authority and after following such procedure as may be prescribed and the sale proceeds shall be held in deposit, after deducting therefrom the expenses of the sale.

 

(3)

 

(a) Where the property taken into custody under Section 9, or any part thereof is perishable or involves considerable expenditure for its protection or for any other reason the immediate sale thereof is considered expedient by the local officer, he may, for reasons to be recorded in writing, order the disposal of the property or part thereof by public auction in the manner prescribed, the sale proceeds being held

in deposit, after deducting therefrom the expenses of the sale.

(b) Where the property taken into custody under Section 9 is movable property of the value not exceeding fifty rupees, the local officer shall cause it to be sold by public auction in the manner prescribed, and credit the sale proceeds thereof to the Government.

Section 11 Procedure for declaring property to be escheat or bona vacantia

 

(1) As soon as may be after the property is taken into his custody under Section 9, the local officer shall publish a notice in such manner as may be prescribed, calling upon the persons who may have any claim to such property to prefer their claims to such property in the prescribed form within three months from the date of publication of the notice.

 

(2) If no claim is prefered within the said period of three months, the local officer shall declare the property in respect of which the notice is published under sub-section (1) to be an escheat or a bona vacantia , as the case may be, and dispose it of in such manner as may be prescribed.

 

(3)

 

(a) If any person prefers a claim within the said period of three months, the local officer shall refer the claim to the court for its decision as to whether or not the person making the claim is entitled to the property: and the court shall, after giving a notice to the local officer and to the claimant, decide the reference, as if it were a suit;

(b) Where the court decides that the property taken into custody under Section 9 or any part thereof fully belongs to the claimant, the local officer shall deliver the same to him and where the court decides that it does not belong to the claimant, the court shall declare the property to

be an escheat or a bona vacantia , as the case may be.

Section 12 Publication of declaration

 

As soon as a declaration is made by the local officer under sub-section (2) of Section 11 or by the court under clause (b) of sub-section (3) of that Section, the local officer shall publish a notification thereof in the Andhra Pradesh Gazette and in the local news paper of the district where the property is situated or lies, and shall also cause an announcement of the declaration to be made by beat of drum in the village in which the property is situated or lies.

Section 13 Immovable property escheated to Government not to be sold until twelve years after such escheat

 

Notwithstanding anything in this Act, no immovable property which is declared escheat or bona vacantia shall ordinarily be alienated by sale or grant until it has been in the possession of the Government for twelve years.

CHAPTER 4 Movable Property found in a public place

 

Section 14 Disposal of movable property found in a public place

 

(1) Any movable property which is found in a public place, and owner of which is not known, shall be the property of the finder as against every one except the true owner.

 

(2) If the finder so desires he may hand over, any movable property so found, to the officer in charge of the nearest police station who shall retain the same in his custody and shall at once furnish a report regarding such property together with an inventory thereof to the Chief Metropolitan Magistrate in the metropolitan area of Hyderabad, and elsewhere, to the judicial Magistrate of the class having jurisdiction.

 

(3) On receipt of a report under sub-section (2), the Magistrate concerned shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof as if it were a property taken over by the Police under Section 51 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

 

Explanation B :- For purposes of this Section, the term 'movable property' does not include the treasure' as defined in clause (b) of Section 3 of the Indian Treasure Trove Act, 1878 (Central Act 6 of 1878).

CHAPTER 5 Miscellaneous

 

Section 15 Delegation of power

 

Notwithstanding anything in this Act, the Government may delegate their power to dispose of property under Section 6 to the competent authority or to any officer not below the rank of a Collector.

Section 16 Power to make rules

 

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

 

(2) Every rule made under this Section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which such modification or annulment is notified have effect only in such modified form or have no effect, as the case may be; so however that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 17 Repeal and saving

 

(1) The provisions of the Andhra Pradesh (Andhra Area) Endowments and Escheat Regulation, 1817 (Regulation 7 of 1817), in so far as they relate to escheats and the Andhra Pradesh (Telangana Area) Unclaimed Property Act, 1333 F. (Act 1 of 1333 F.) are hereby repealed.

 

(2) Upon such repeal, the provisions of Sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 (Act 1 of 1891) shall apply.

 

RULE: 

ANDHRA PRADESH ESCHEATS AND BONA VACANTIA

RULES, 1975

 

12th February, 1976

 

In exercise of the powers conferred by Sec. 16 of the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 (Andhra Pradesh Act 35 of 1974) the Governor of Andhra Pradesh hereby makes the following rules:

 

Rule 1 Short title

 

These rules may be called the Andhra Pradesh Escheats and Bona Vacantia Rules, 1975.

Rule 2 Definitions

 

In these Rules, unless the context otherwise requires,-

(a) ' Act ' means the Andhra Pradesh Escheats and Bona Vacantia Act, 1974.

 

(b) ' Tahsildar ' includes the Deputy Tahsildar in independent charge of a sub-taluk in who jurisdiction the escheats or Bona Vacantia lies.

Rule 3 Procedure for disposal of property declared as escheat or bona vacantia

 

(1) For disposal of the property which has been declared as escheat or bona vacantia under sub-section (2) of Sec.8 or Sub-Section (2) of Sec.11 of the Act, the following procedure shall be followed:

 

(a) If the property is movable property, the Local Officer shall sell the property in public auction after issuing notice of sale.

(b) The notice of sale shall be given wide publicity by affixation of the notice in the village Chavidi or in a conspicuous place of the village; in the absence of village chavidi and in the Notice Boards in the Offices of the Collector and the Tahsildar, and by a beat of tom-tom in the Village.

(c) The notice of sale of movable property shall specify the description of the property to be sold, the approximate value of the property, and the place, day and the hour of the sale.

(d) No sale shall take place until after the expiration of a period of fifteen days from the publication of sale notice.

(e) Where the value of the movable property does not exceed two thousand rupees the Local Officer shall knock down the sale in favour of the highest bidder. The highest bidder shall pay the sale amount in cash immediately after the sale is knocked down in his favour.

(f) Where the value of the movable property exceeds two thousand rupees the highest bidder shall deposit 15% of the sale amount to the officer conducting the sale at the time of the sale and pay the remaining 85% of the sale amount within thirty days; the 15% of the sale amount already deposited shall be liable for forfeiture, if the 85% of the sale amount is not paid within thirty days.

(g) Where the auction purchaser refuses or omits to deposit 15% of sale amount or to complete payment of the remaining 85% of the sale money, the property shall be resold at the expense and hazard of such purchaser and the loss arising as well as expenses incurred on the resale shall be recoverable from such purchaser in the same manner as arrears of land revenue.

(h) After expiry of thirty days from the date of sale, the authority who was empowered to dispose of an escheat under sub-section (1) of Sec.6 of the Act shall make an order confirming the sale provided that if he shall have a reason to think that the sale ought to be set aside on the

ground of any mistake or fraud or material irregularity in publishing or conducting the sale, he may, after recording his reason set aside the sale.

(i) Whenever the sale is not confirmed or is set aside the deposit or the purchase money as the case may be shall be returned to the purchaser.

(j) After the confirmation of the sale, the Local Officer shall cause the delivery of the property to the highest bidder.

 

(2)

 

(a) Where an escheat or a bona vacantia taken into custody under Section 9 or any part thereof consists of perishable articles, a list of such articles to be sold shall be drawn up with a notice specifying the place, and the day on and the hour at which, they will be sold and the Local Officer or the officer empowered by him shall cause proclamation of the intended sale to be made by beat of tom-tom in the village, where the perishable articles are to be sold, and in such other place as he considers necessary to give due publicity to the sale. The date and hour of the sale shall be fixed having regard to the condition of the perishable articles at the time of taking into custody of the property.

(b) At the appointed time, the perishable articles shall be sold by public auction by the Local Officer in one or more lots and this shall be disposed of to the highest bidder.

(c) Where the escheat or bona vacantia taken into custody, is movable property of value not exceeding fifty rupees the Local Officer shall cause it to be sold by public auction in the manner provided in clauses (a) to (e) (both inclusive) of sub-rule (1) of this rule.

 

(3)

 

(a) If the escheat or bona vacantia is an immovable property, and has been in the possession of the Government for not less than 12 years, it

shall be disposed of by sale in the manner referred to in sub-rule (1) of this rule.

(b) After the confirmation of the sale, the authority who is empowered to dispose of an escheat or bona vacantia under sub-section (1) of Sec. 6 of the Act shall cause the immovable property sold, registered in the name of the person declared to be the purchaser and grant certificate of sale bearing his seal and signature to such auction purchaser. Such certificate of sale shall state the description of property sold, and the name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all Courts and tribunals where it may be necessary to prove the same.

Rule 4 Management of escheat or bona vacantia handed over by court till its disposal

 

The local Officer after taking possession of an escheat or, a bona vacantia through the Court under sub- section (2) of Section 8 of the Act shall arrange for its management till it is finally disposed off. If the property is movable property, the Local Officer shall arrange for its care and proper maintenance till it is disposed of in public auction. If the property is an immovable property, the Local Officer shall auction the lease hold in the manner provided in Rule 6 till it is finally disposed off.

Rule 5 Authority to auction

 

The authority to auction the leasehold of the immovable property under sub-section (2) Section 10 of the Act shall be the Tahsildar under whose jurisdiction the immovable property is situated.

Rule 6 Notice of sale of lease

 

Before the lease hold is sold in public auction under sub-section (2) of Section 10 of the Act.

(a) the Tahsildar shall cause a notice published at least fifteen days in advance of the date fixed for the sale.

 

(b) the notice of sale shall be given wide publicity by affixing the same in the village chavidi or in a conspicuous place of the village; in the absence of the village chavidi, by affixing it on the notice board in the Office of the Tahsildar and by beat of tom-tom in the village.

 

(c) The notice of sale of lease hold shall specify the description and location of the property and period of lease and the place, the day and the hour of the sale.

 

(d) the period of lease shall not ordinarily exceed five years at a time.

 

(e) the lessee shall pay the entire lease amount to the officer conducting the sale on the day of the sale.

Rule 7 Publication of notification

 

Every notice under sub-Section (1) of Section 11 of the Act shall be published:-

(a) in the District Gazette where the property is situated;

 

(b) at the office of the Collector and Tahsildar within whose jurisdiction the escheat or bona vacantia is situate;

 

(c) at the village chavidi or at some conspicuous place in the village in which the property is situated; and

 

(d) by beat of tom-tom in the village where the property is situate.

Rule 8 Forms

 

(1) The report referred to in sub-section (1) of Sec.10 of the Act shall be submitted in Form -I appended to these rules.

 

(2) The notice calling for claims and the form in which the claim has to be submitted under sub-section (1) Section 11 of the Act shall be in Forms-II and III respectively appended to these rules.

Rule 9 Power of summoning and inspection

 

Any Officer conducting enquiry under this Act shall have power to summon any witness and inspect any property or documents.

APPENDIX 1 Form of Report to the Competent Authority under Section 10 (1) of the Act

 

FORM-I

Form of Report to the Competent Authority under Section 10 (1) of the

Act

District of .......................

1. Taluk

2. Village or Town

3. Description of property

4. Area in acres and cents or Hectares

5. Assessment

6. Estimated yearly rent value

7. Estimated market value

8. Date of death of last owner

9. Date on which the information regarding the escheat/ bona vacantia came to the

notice of Local Officer

10. Name of claimant if any and their relationship with the

deceased

11. Details of claims raised

12. Local Officer's recommendation

13. Any other remarks

 

Local Officer

 

Date...............

 

APPENDIX 2 FORM

 

FORM -II

(See Section 11 (1) of the Act)

NOTICE

It is hereby informed that the property mentioned in the Schedule below which has been taken into custody will be treated as escheat/ bona vacantia and any person who has got any claim to the said property may prefer his claim to the undersigned within three months from the date of publication of the notice.

SCHEDULE

Name of the district Name of the taluk Name of the village Details of the Property(4) Descript-ion of the property. Estimated value of the property. Name of the deceased owner and address. Remarks. Sl.No. Extent Assessment Boundaries. (1) (2) (3) (a) (b) (c) (d) (5) (6) (7) (8)

 

Local Officer

APPENDIX 3 FORM

 

FORM-III

(Section 11 (1) of the Act)

Dated......................

CLAIMS TO THE PROPERTY

To

The........................

..............................

..............................

Sir,

With reference to the notice published by you under sub-section (1) of Section 11 of the Act, I prefer my claim to the property maintained in the said notification on the following grounds:-

1.

2.

3.

4.

5.

 

 

Claimant:

Date:Act Type : Andhra Pradesh State Acts