- The Odisha Q: G a z e t t e '171· "£" EXTRAORDINARY PUBLISHED BY AUTHORITY *The Odisha ·escheats Act, 1979 An Act to pro~ide for taking charge, management and disposal of property vested 1 ~ the State by escheat, lapse or as bona vacantia and for matters incidental thereto CONTENTS ACTS:
1. Short title, extent, application and ~ ·
3.
4. commencement Definitions Prohibition of alienation etc Superintendence by the Board of Revenue
5. Information regarding escheated property
6. Taking charge
7. ·General notice
8. Reference to Civil Court
9. Finding of Court as to escheat
10. Prohibition of interlocutory orders 11 . Custodian to manage
12. Filing of suits
13. Declaration of escheat by the Custodian 14: Power to make rules
15. Protection of action taken under this Ad
16. Penalties
17. Re pea~ and saving
SCHEDULE (Enactments repealed) Be it enacted by the L~gislature of the State of Odisha in the Thirtieth Year of ·the Republic of India as follows : Statement of Objects a_nd ReCLSons -No uniform procedure is available at present for .regulation, control _and management of escheated proper ty. The regulations in force, i.e ., Bengal Wills and Intestacy Regulation, 1799, Bengal Charitable Endowments, Public Buildings and Escheats Regulation. 1810, Madras Administration of Escheats Regulation, 1802 and Madras Endowment and Escheats Regulation, 1817 have not b~en extended to the ex-State areas. Consequently there is no wr/tten Ja_w relating to escheat in some of the ex-State areas. whereas in others customs and usages largely g·overn the procedure in .this regard. Therefore . the proposed legislation has been sponsored to have a uniform set of provisions throughout the State for determining as to whether or not a particular property has been escheated and for the regulation, control and management of escheated properties. The proposed legislation will also supersede the existing rules and regulations on the subject in fo~ce ln different parts of_ the State . The present Bill seeks to achieve the above objective.
1. Short title, extent, application and commencement - (1) This Act may be called the Odisha Escheats Act, 1979.
(2) It extends to the whole of the State of Odisha .
(3) It applies to all property which ~ccording to the Constitution of India or any other !aw, has vested or shall vest in the State by escheat, lapse or as bona vacantia . * .Published vide Qdisha Gazette Ext . No . fl25/14 .5 .1979-0 .A . No . 16 of 197g _ For Statement of Objects and . Reasons , see O?isha Gazette, Ext. N.o . 12851 19_9 : 1977 , and for Report of the Select Committee , see Odisha Gazette Ext. No.126/7 .2.1.979 . ·I 'l. l ·! -· [S. ~ . f on such date 1as the State Government
(4) It shall come into orce · . may, by notification , appoint in that behalf. . . • • • • 1 th . Act unless the context otherwise requires.
2. Defin1t1ons - n is · . . . ,, s a person claiming any interest in escheated
(a) "claimant mean . . ni:orson 2(claiming any payment] out of 1t ; property or any ....-
(b) "Custodian of escheats" or "Cu~t.odian" means the Colle~tor of the district arid includes. a·n Add1t1onal . Collector or any officer appointed by the Government as custodian ;
(c) "deceased" means the person on whose death property has accrued to the State by escheat ; .
(d) "escheated property" means any property to which this Act applies;
(e) "Government" means Government of Odisha;
(f) " person" mean:s a natural or a juristic person and includes a firm or ~roup of individuals by whatever name called ;
(g) "prescribed" means prescribed by rules made under th is Act .
3. Prohibition of alienation etc. - ( 1) All property to w.hich th is Act applies belongs to the State and no person who holds such property shall . transfer, alienate, dispose of or enc.umber such property in any way.
(2) Any transfer, alienation, disposition or encumbrance made or created in contravention of Sub-section ( 1) shall be void .
4. Superintendence by the Board of Revenue - (1) Subject to the general or special ·order of the Government, the Board of Re.venue shall be the authority in whom vests the general superintendence over all escheated properties and ' over all officers and authorities , other than the Civil Courts functioning under this Act.
(2) The Collector shall be the custodian of all escheated properties :
Provided that the Government may ·appoint any other officer as custodian i ~ addition to or in place of the Collector and fix his jurisdiction . · 5. Information regarding escheated property - All officers of the Revenue Department or Police Department or such other officers as may b.e directed by the Government, shall report to the Custodian all cases to . which this Act applies when such case's come to their knowledge . . 6. Ta~ing charge - (1) When the Custodian , on any report or on his ow~ 1~fo_rmat1on. and after . making such enquiry as may be prescribed , is sat1sf1ed that this Act applies to any property, he may take charge 0·f such proper~y. ·
(2) The enquiry under Sub-section ( 1) s.hall be of a summary nature ~~d fo;hthe purposes of such enquiry the Custodian may summon and examine oa any person and may compel production of any document or th ing . . manner {~)a~nl,es~ olherwise prescribed, charge m~y be take~ in the followin9 I e y • 1 . The Act came into force w e f 1~ 1 ~ 12 .1.1981 . · · · · .1981 , vide Odisha Gazette Ext .
2 . Substituted vide Odisha A t N · · . . c o . 14 of 1980 . s. 8] The Od · . · isha E~cheats Act 1979 . I
(a) in case of immovabl · . . person ·f . e property, a notice shall be served on the ' 1 any, in possession of the property and where such perso~ ~efus~s or evades notice or cannot be found, it shall be ~erve Y affixture on the property;
(b) in case ?f movable property, the notice shall be served on the p~rson · if any, in possession of the property or may be affixed at his place of residence or business , if any.
(4) Notwithstanding the pro~isions of Sub-section (3)-
(a) the ~ustodian, when such action seems to him to be appropriate , publish the _notice in any ··newspaper approved by the Board of Revenue or in the Official Gazette or by proclamation in the locality whe~e t~eyroperty is situate in the prescribed manner, and such pub)1 cat1on shall be deemed to be sufficient for all purposes ; and "(b) . where the property is of a perishable nature the Custodian may, for reasons to be recorded in writing , dispense with the notice under Sub-section (3) or with the publication of the notice under Clause (a) and may dispose of the property by public auction and keep the proceeds in deposit and may deal with such deposit as if it were property taken charge of under this section. '
(5) On service of a notice under Sub-section (3) or on its publication under Sub.:section (4)- .(i). it shall be lawful for the Custodian to enter into possess ion and to assume the management of th·e property and also to make or cause to be made an inventory of the properties qf the deceased;
(ii) any person in possession of the property shall deliver the· same to. the Custodian ; ·
(iii) no transfer of the property by sale, . gift or otherwise shall be made nor shall any encumbrance be created in respect thereof ; · and
(iv) the Custodian shall have authority to realise the rents , profits and income of the prope_rty , to let it out, to grant a lease in respect thereof or to invest it in accordance with the rules framed in that behalf :
Provided that notwithstanding anything contained in any other law forthe time being in force, no right of any"' kind shall accrue to any person in respect of such property except those permitted by the Custodian .
1 . General notice_ The Custodian, on taki~g char.ge of any pr_op_erty, shall publish in the prescribed mann.er, ~general notice calling upon cla1 .ma~ts, if an t ·t f · th their claims within six months from the date ot publ1cat1on Y1 o pu or . . . of the notice. · 8 . · f t Civil court - (1) If any claims are received within the · . Re erence o · d h t c· ·1 c time ator'e·said the Custodian shall forwar t e case o a _1v1 ourt of com . . . . ' . . for 8 decision as to whether the property .. 1s e~cheated petent JUrtsd1ction 0 1 . ngs to any claimant or claimants and Property ·or whether the _pro~erty e eo . ·· · . Shall keep the property tn hts charg . . t hall be made a party, tn every such ca:se.
(2) The Governmen s . · · · .··. [S. 9 . 9. Finding of Court as to escheat - Where in an cas · · th is Act or otherwise , the Civil Court finds that any propertyyvestsei~~,~~n~ under escheat or by lapse or as "bona vacantia " it shall make a declar t' tate by effect and may. order delivery of the property to a Custodian and sa i~n to th~ t not complied with , may be executed by the Custodian as a decree~c order, if . 10. Prc;>hibition of interlocutory orders - Notwithstanding an th ' contained in th~s Act or in any other law, when the Custodian has ~a~~~ charge of any pr,o~erty, no Court shall, during the pendency of any suit or appeal, pass any interlocutory order affecting in any way the custody management by the Custodian . and I 11 . Custod.ian to manag~ - During ~he pendency of any proceedi before hirnself or i r;:t any Court , the Custod ian shall hold and manage t~~· property in the pres'.cribed manner. I
12. Filing of suits - The Government or the Custodian may sue any person to recover any es~heated property unlawfully held or alienated.
13. Declaration of escheat by U1e Custodian - (1) On the termination of proceedings under this Act or in any Civil Court the Custodian may make a declaration notified in the Official Gazette that the property has vested in the Government free from all encumbrances; and where.the Civil Court decides that the property belongs to any claimant , the Custodian shall deliver the . . property to such c la imant .
(2) On the issue of a notification under Sub-section (1) Governm~nt may dispose of the esch.eated property in accordance with the law applicable thereto. . · 14. P..ower: to make rules - (1) T h e State Government may make .rules for carry ing out the purpose of th is Act. . (2) Without prejudice to the general ity of the foregoing power, such . rules may provide-for- ·
(a) the manner of making an enquiry;
(b) the manner of taking possession of any property ;
(c) the management of property;
(d) the making of reports to the Custodian ; . . · d . b ny public officer ,
(e) rendering assistance to the Custo ian y a . . hable
(f) the custody and disposal of all property including pens . . property ; ·b d . h . t be or may be prescri e .
(g) any other matter wh1c is 0 . . . eluding h. f n the ex1st1ng rules in
(3) Until rules are made under t i_s sec 10 Odisha Board's Mi.scellan_e~,us the rules contained in Chap~er XXll of the B1h~;~~~di n respect of ~J:lic.h prov1s~~ Rules shall in so far as they relate ~o ma_ . t nt with the prmrisians o.f t .b'- , . th . Act are not incons1s e . d shall e has been made in ts · . h les to th.e District Ju ge Act apply and any reference l;n sue . ru • · . f to the Custodian . ut~on construed ·as re ere nee d this Act - (1) No suit, pr<?~e·~ his
15. Protection _of ac~oj7 l~:k:~a~~ste~ny person fo.r anyt~i.ri.ic~~1rc anY or other legal proceed ~ ng s ad t be done in pursuance of thrs . . goo· d faith. done or intende o 1n . . rules made th_ereunder. Sehl.) The Odisha Escheats Act 1979 ' n dam( 2 ) No suit or other legal proceeding shall lie against the Stat"e for a Y · age caused 0 1-k 1 . . . · b ff db . r 1 e Y to be caused or any in1ury suffered or lrkely to de su er~ Y virtue of any provisions of this Act or by anything in good faith t.hone ordinte~ded to be done in pursuance of this Act or any rules made ereun er. · 16 · Pe.~alties - Any person who contravenes the provisions of Section · ~ or Clause (t11). of Sub-section (5) of Section 6, shall, on conviction , be li~ble. to be ~ubllshed with imprisonment which may extend to one year and with fine which m.aY. extend to two thousand rupees .
17. Repeal .and saving - (1 )"On and from the date this Act comes into force• the enactments specified in the Schedule so far as they are in force in the State of Odisha, shall be repealed to the extent mentioned in the third column tbereof. . . . . {2) Notwithstanding such repeal, anything done, any action taken, a1w rules or orders made, or any notices ·or notifications issued in exercise of any power conferred by the said enactments shall be deemed to have been done., taken , made or issued in exercise of the powers conferred by or under this Act, as if, this Act commenced on the date on which the said action rules or orders were taken or made or the notices or notifications . . I . issued .
SCHEDULE [See Section 17] Enactments repealed · Number qnd year · Short title 1 2 Bengal Regulation 5 . The Bengal Wills and lnte.stacy of 1799 ·Regulation, 1799 The Bengal Charitable Endow., Bengal Regulation 1,9 of 181 O Madras Regulation 3 of 1802 Madras Reguiation 7 of 1817 ments, Public Buildings and Escheat~ Regulation, 1810 The Madras Administration of Estates Regulation , 1810 The Madras Endowm~nts and Esch eats Regulation, 1817 ODD . Extent of repeal 3 The whole .
Section 7 so far as relates to Escheats. The whole .
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