Rajasthan Escheats Regulation Act, 1956
No: 23 Dated: Jul, 10 1956
Rajasthan Escheats Regulation Act, 1956
(Act No.23 of 1956)
An Act to regulate the making of inquiries in the matter of properties vesting in the state of Rajasthan Qua ultima heres under Article 296 of the Constitution of India by escheats or as bona vacantia and provide for the custody and disposal thereof.
Be it enacted by the Rajasthan State Legislature in the seventh Year of the Republic of India as Follow:-
1. Short tittle, extent and commencement. - (1) This Act may be called the Rajasthan Escheat Regulation Act, 1956.
(2) extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. - In this Act., unless the subject or context otherwise requires:-
(1) "Collector" and "Tehsildar" mean the officer appointed as such under any law for the time being in force and include respectively an additional Collector, and additional Tehsildar;
(2) "Court" means the court of the District Judge having Jurisdiction over the place where the property to which this Act applies is situated and. When such property is situated within the jurisdiction of more than one such Court, means the high Court.
(3) "Prescribed" means prescribed by rules made under this Act.
(4) "Property to which this Act applies" means any property vesting in the State qua ultima heres under Article 296 of the Constitution of India by escheats or as bona vacantia;
(5) x x x
3. General Superintendence of escheats. - The general superintendence of all property to which this Act applies is vested in the collector who will inform himself fully through the Assistant Collectors and Tehsildars subordinate to him of all such property and act in the matter subject to the directions of the Board and the orders of the State Government.
4. Report by Tehsildar. - (1) Upon receipt of information as to the existence within Tehsil of any property to which this Act applies. Whether or not in the possession of any person, the Tehsildar shall-
(a) Ascertain whether or not there is any person entitled to such property.
(b) Prepare an inventory thereof showing the prescribed particular.
(c) Take over possession of it in the prescribed manner, and
(d) Make a report of the collector:
Provided that if such property is in the present possession of any person, such possession shall not be disturbed.
(2) Any property of which possession is taken under sub-section (1) and which is subject to speedy and natural decay or consists of live-stock or is otherwise of perishable nature may be forthwith sold by public auction by the Tehsildar and the fact of such sale together with the amount of the proceeds thereof shall be reported to the Collector.
5. Register of properties. - The Collector shall cause to be kept and maintained a register in which shall be entered all the particulars of such item of every property to which this Act applies and also, in the case of any such property having been sold under sub-section (2) of section 4, the amount of sale proceeds thereof.