(1) The Collector shall publish, in the prescribed manner, a general notice in any two newspapers having wide circulation in the area where such property is found or located; one being published in English and the other in the regional language, or in the Official Gazette inviting claimants to prefer claims to the unclaimed property sent to him by the police under section 10 within three months from the date of publication of the notice.
(2) Nothing contained in sub-section (1) shall prevent the Collector from disposing of any perishable articles, which come into his possession, at any time, either before or after the publication of the notice under sub-section (1) as the case may be.
(3) The article referred to in sub-section (2) shall be sold in public auction in the manner prescribed, and the proceeds of the sale shall be handed over to the rightful claimant after deducting the expenses of the sale. In case no claim on such property is preferred, the proceeds of the sale shall be credited to the State Government.
8 THE KOLKATA GAZE1 1E, EXTRAORDINARY, AUGUST 1, 2012 [PART HI The West Bengal Escheats and Forfeitures Act, 2012.
(Chapter Ill.—Unclaimed Property.—Sections 12-14.— Chapter IV.—Miscellaneous.—Sections 15-18.)
Forfeiture of unclaimed property.
Uncontested claim.
12. If no claim is preferred within the period specified in sub-section (1) of section 11, the Collector shall pass an order forfeiting the unclaimed properties, other than those dealt with under the sub-section (2) of section 11, to the State Government, and the unclaimed properties shall thereupon be sold in public auction in the manner prescribed, and the sale proceeds to be credited to the State Government.
13. If a claim is preferred within the time allowed and it is not contested, the unclaimed property shall be handed over to the Collector.
14. In the case of a contested claim, the Collector shall refer the matter to the court and shall be guided by the decision of the court:
Provided that nothing contained in this section shall prevent the Collector from disposing of any perishable article, which comes into his possession for public auction, at any time before the decision of the court, and in that case the sale proceeds shall be handed over to the court after the deduction of the sale expenses.
Contested claim.
Information regarding escheated and unclaimed property.
CHAPTER IV Miscellaneous
15. All officers of the Land and Land Reforms Department or Police Department or such other officers as may be directed by the State Government or as the case it may be, shall report to the Collector all cases to which this Act applies when such case come to their respective knowledge.
Superintendence 16. (1) Subject to the general or special order of the State Government, the and custody. Judicial Department of the State Government shall be the authority in whom vests the general superintendence over all escheated and unclaimed properties.
(2) The Collector shall be the custodian of all escheated properties:
Provided that the State Government may appoint any other officer as custodian in addition to or in place of the Collector and fix his jurisdiction:
Provided further that notwithstanding anything contained in any other law for the time being in force, no right of any kind in respect of the grant hereby made, shall accrue to any person in respect of such property except those permitted by the Collector or such other person duly authorised by the State Government with the approval of the Competent Authority.
Appointment of administrator.
Finding of court as to escheat.
17. The State Government by a special order may appoint any person or any officer of the State Government as an administrator for proper control, custody, supervision, administration or management of the affairs and maintenance of any escheated property in the manner so to be prescribed.
18. Wherein any case arising before a civil court finds that any property vests in the State Government by escheat or by lapse or as bona vacantia or forfeited to the State Government it shall forthwith pass an order transferring the suit or other proceeding to the Competent Authority and shall cease to hear it any further. In such case, the Competent Authority shall issue notice under sub-section (3) of section 4 and initiate a proceeding in accordance with the provisions of section 4.
PART mi THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2012 9 The West Bengal Escheats and Forfeitures Act, 2012.
(Chapter 1V.—Miscellaneous.--Sections 19-23.)
Collector to manage.
Prohibition of alienation etc.
Penalties.
Protection of action taken under this Act.
Power to make rules.
19. During the pendency of any proceeding before the Competent Authority or the Appellate Authority except where the possession has been allowed to remain with the objector under sub-section (3) of section 7 and subject to the other provisions of section 7, the Collector shall hold and manage the property in the prescribed manner.