(1) It shall be duty of the Collector of every district to send monthly reports to the Competent Authority of the occurrence of deaths of persons or the dissolution, winding up, becoming defunct in any manner whatsoever as provided in clause (g) of section 2 of any artificial person, having property within his district, whether such property is partly or wholly within his district, and whether it appears on a preliminary inquiry that the deceased person died intestate without any legal heirs according to his personal law or where there is no legally constituted successor entity in whom the property of the artificial person has vested. Any person whatsoever may send information to the Collector in this regard or may send such information directly to the Competent Authority. Whenever the Competent Authority on any report or on receipt of any information from any source or on his own motion is satisfied that the provisions of this Act applies to any property lying within the State , he shall cause an inquiry to be made as to whether the fact or facts as stated in clause (g) of section 2 as would attract the operation of section 3 of this Act exists or exist and on his being satisfied on such inquiry that such a fact exists he shall pass an order accordingly, recording that such fact exists, on which order recording the existence of such fact the property shall belong and be transferred automatically to the State Government without any further act or document being required.
(2) The enquiry held under sub-section (1) shall be of summary nature and for the purpose of such enqury the Competent Authority may summon and examine on oath any person and may compel production of any document or thing. He shall have all the powers of a civil court but shall not be bound by the provisions of the Code 5 of 1908.
of Civil Procedure and shall be entitled to regulate the proceedings before him in accordance with the provisions of natural justice.
(3) For the purpose of such inquiry, the Competent Authority shall cause to be published in the Official Gazette or in any three newspapers having wide circulation in the locality where the property is situated, a notice informing the public in general of such report or information having been received, and that an inquiry is proposed to be held on the expiry of not less than seven days from the date of publication of such notice, and the time and place of such hearing and the particulars of the property concerned. The newspapers should be so chosen as to ensure that they are in English, Bengali and Hindi or Urdu respectively.
(4) Any Claimant or person, intending to appear in such inquiry with an intention to oppose escheat or lapse and automatic transfer of title to the State Government, may appear on the date of such inquiry, at the time and venue fixed, with a written representation containing the particulars of his claim and the right which he claims in the property including the reasons for his opposing the escheat or lapse, as the case may be, and shall enclose with such representation a copies of all documents that he relies upon and shall also produce before the Competent Authority the originals of such documents. If the copy of any document is not enclosed then the claimant or person shall not be entitled to rely upon it. The Competent Authority shall thereafter pass an order recording his satisfaction that such fact as mentioned in clause (g) of section 2 sufficient to attract the provisions of section 3 exists or does not exist.
PART THE KOLKATA GAZEITE, EXTRAORDINARY, AUGUST I, 2012 5 The West Bengal Escheats and Forfeitures Act, 2012.
(Chapter IL—Escheated Property.—Section 5.)
Explanation.—Whatever interest is sufficient to maintain an application for letters of administration to the estate of a deceased or obtain winding up or dissolution of a body corporate including a corporation or a company, or receive share of sale of assets of any artificial person recognized to be capable of owning property on its dissolution, sale or becoming defunct, shall be held to be an interest sufficient to maintain an objection or representation against such escheat or lapse in the preliminary inquiry.
(5) The gist of every order passed on such inquiry shall be published in the Official Gazette or in three newspapers, one in English, one in Bengali and one in Hindi or Urdu preferably within a week from the passing of the order.
(6) The decision of the Competent Authority shall be subject to an appeal before the Appeallate Authority which shall be made within a period of 30 days from the date of publication of the gist of the order in the manner mentioned in sub-section
(5) provided that the Appeallate Authority may allow, for sufficient cause being shown, an appeal to be preferred within a further period of thirty days but not thereafter. The appeal does not have to be in any particular form, but shall contain a concise statement of the grounds on which the appeal is being preferred and all the facts of the case and shall enclose with it the representation made by the appellant before the Appellate Authority with all its enclosures. If a person has not made any representation before the Competent Authority but shows that he has the interest mentioned in the Explanation to sub-section (4), then such appeal shall be maintainable provided that such person explains in a separate application what prevented him from approaching the Competent Authority with such representation, and on the satisfaction in writing recorded by the Appellate Authority as to the cause for such prevention being sufficient.
(7) The decision of the Appellate Authority shall be final and shall not be interfered with except by the High Court of Calcutta exercising jurisdiction under Article 226 or 227 of the Constitution of India or the Supreme Court under Article 136 of the Constitution of India. No suit or other proceeding apart from the aforesaid shall lie against any determination by the Competent Authority or the Appellate Authority.
Taking charge. 5. On the order as in sub-sections (1) and (4) of section 4 being passed and its gist being notified in the manner mentioned in sub-section (5) of section 4, the Competent Authority may direct that the Collector take steps to take over possession, management or administration of the escheated property, and for that purpose the Collector may at once take charge of such escheated property. Unless otherwise directed, charge may be taken in the following manner, namely:—
(a) in case of immovable property, a notice shall be served on the person, if any, in possession of the property, and where is in such person refuses or evades notice or cannot be found, it shall be served by affixture on a conspicuous part of the property, and on the notice board of the office of the Collector;
(b) in case of immovable property where is in no one's possession or is lying vacant or an abandoned property, or in absence of proper identification of the person in possession, a notice shall be served by affixture on a conspicuous part of the property and on the notice board of the office of the Collector;
(c) in case of movable property, the notice shall be served on the person, if any, in possession of the property or may be affixed at his place of residence or business, if any, and on the notice board of the office of the Collector.
6 THE KOLKATA GAZEI1E, EXTRAORDINARY, AUGUST 1, 2012 [PART III The West Bengal Escheats and Forfeitures Act, 2012.
Publication of notice.
(Chapter 1L—Escheated Property.—Sections 6, 7.)
6. The Collector, on taking charge of any escheated property, shall publish a general notice in any two newspapers having wide circulation in the area where such property is located; on being published in English and other in the regional language, or in the Official Gazette or by proclamation in the locality where the escheated property is situated calling upon all the persons who may have any claim to such escheated property to appear before him and prefer their claims within six weeks from the date of publication of the notice, and such publication shall be sufficient for all purposes.
Taking assume possession 7. (1) Notwithstanding anything contained herein, on being passing of an order and management. under sub-sections (1) and (4) of section 4 and the publication of its gist in the manner provided in sub-section (5) of section 4 and after service of the notice under section 5 and publication of the general notice under section 6, it shall be lawful for the Collector or any person authorised by the State Government whether by general or special order to enter into possession of the property and to assume administration or management thereof and also to make or cause to be made an inventory of the escheated property.
(2) Any person or persons, whosoever, in possession of the escheated property shall forthwith deliver the physical possession of the same to the Collector or any such person authorised by the State Government:
Provided that if any person has been in exclusive possession of any property for not less than 5 years, which is to be escheated under this Act, the State Government may arrange for such compensation or alternate accommodation in respect of such person, as it may, by order, determine.
(3) If there is any opposition in taking possession of any property by the Collector under sub-sections (1) and (2) and there is risk to the property of being damaged or otherwise suffering loss or deterioration for the delay in taking possession, the Collector may use such force as is necessary, including police help to obtain physical possession of such property and if there is no risk to the property of being damage for the delay in taking possession thereof and there is proper arrangement for its supervision, care and maintenance, the person in possession of the property may left in possession thereof for a period of fortnight, within which such person shall be entitled to file an objection before the Competent Authority which shall be decided in the same manner as in sub-section (4) of section 4. A copy of such order shall be duly authenticated or certified by the Competent Authority and made over to the objector or opponent of the taking over of possession free of charge. Such order shall be appealable before the Appellate Authority provided the appeal is preferred within thirty days from the date the duly certified or authenticated copy of the order is made over to the objector. No appeal shall lie after the expiry of this period. During the pendency of the appeal before the Appellate Authority or the objection before the Competent Authority the objector in possession will be entitled to remain in possession but shall not be entitled to deal with or alienate the property or create third party interests:
Provided that in case the objection is not filed within a period of fortnight or the appeal is not preferred within a period of thirty days as mentioned in sub-section (3) the Collector will be entitled to dispossess such objector by the use of such force as he considers necessary, including police help. The decision of the Competent Authority if not appealed against within the time mentioned in sub-section (3), or the Appellate Authority as mentioned in sub-section (3), shall be final and no suit or other proceeding shall lie against such decision.
(4) The property taken into possession under any of the provisions of sub-sections
(1), (2) and (3) shall be managed by the State Government in the manner so to be prescribed:
Provided that the Controller may dispose of any property by public auction after taking possession thereof under any of the provisions of sub-sections (1), (2) and (3) in the manner so to be prescribed.
PART THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2012 7 The West Bengal Escheats and Forfeitures Act, 2012.
(Chapter IL—Escheated Property.—Sections 8, 9.—Chapter IIL— Unclaimed Property.—Sections 10, 11.)
(5) No transfer of the escheated property by sale, gift or otherwise shall be made nor shall any encumbrance be created in respect thereof by any person, except the Collector or any other person authorised by the State Government, with approval of the Competent Authority.
(6) The Collector shall have an authority to realize rents, profits and incomes of the escheated property, if any:
Provided that notwithstanding anything contained in any other law for the time being in force, no right of any kind shall accrue to any person in respect of such property except those permitted by the Collector.
Disposal of escheated property.
8. On the publication of the order recording satisfaction as in sub-sections (1) and (4) of section 4 and the publication of the gist in the manner provided for in subsection (5) of section 4, the State Government may dispose of the escheated property through the Collector of the concerned district or any other person authorised in this behalf by the State Government with the approval of the Competent Authority being sufficient indication of the decision of the State Government. The said disposal shall be made in the manner, namely:—
(a) in the case of escheats which are movable property, the Collector shall take steps for the sale of the property by public auction and the sale proceeds shall be credited to the State Government; and
(b) in the case of escheats which are immovable property, shall be disposed of in such manner as may be prescribed.
Bar to jurisdiction. 9. No suit or other proceeding shall lie against the State Government or any of its authorities or officers in respect of any act or step or other measure taken under this Act or that is to be decided under this Act expect as provided for in this Act:
Provided that nothing in this section shall be held to exclude the jurisdiction of the High Court at Calcutta under Article 226 or Article 227 of the Constitution of India or the Supreme Court under Article 136 of the Constitution of India.
Police to take charge of unclaimed properties found in public places.
Publication in Official Gazette.
CHAPTER III Unclaimed Property
10. Any unclaimed property or any article or treasure trove found in a public place, the owner of which is not known, shall be taken charge of by any police officer who shall send them for disposal to the Collector.