The Andhra Pradesh Escheats and Bona Vacantia Act, 1974.

THE ANDHRA PRADESH ESCHEATS AND BONA VACANTIA ACT, 1974
ACT No. 35 OF 1974
ARRANGEMNT OF SECTIONS
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
GENERAL
3. Ownership of property accruing by escheat or lapse or as bona vacantia 4.
General superintendence of escheats and bona vacantia
5. Local officers
6. Powers of disposal of escheat or bona vacantia
CHAPTER III
DECLARATION OF PROPERTY AS AN ESCHEAT OR A BONA VACANTIA
AND ITS DISPOSAL
7. Inquiry relating to escheat or bona vacantia by local officer
8. local Officer to institute a suit for recovery of possession of escheat or bona
vacantia when the person in possession resists
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
10. Disposal by local officer of property in certain cases
11. Procedure for declaring property to be escheat or bona vacantia
12. Publication of declaration
13. Immovable property escheated to Government not to be sold until twelve
years after such escheat
CHAPTER IV
MOVABLE PROPERTY FOUND IN A PUBLIC PLACE
14. Disposal of movable property found in a public place
CHAPTER V
MISCELLANEOUS
15. Delegation of powers
16. Power to make rules
17. Repeal and saving
THE ANDHRA PRADESH ESCHEATS AND BONA VACANTIA ACT, 1974
ACT No. 35 OF 1974
[7th September, 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
RIGHTFUL 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
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.
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 rightful owner, but does not include an escheat
or 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
interstate 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 II
GENERAL
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 rightful owner, shall belong to the
Government and the Government shall be the owner of all such property.
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.
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 of
the 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.
6. Powers of disposal of escheat or bona vacantia - (1) Save as otherwise
provided in this Act, an escheat or a 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 powers
(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 III
DECLARATION OF PROPERTY AS AN ESCHEAT OR A BONA VACANTIA
AND ITS DISPOSAL
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.
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 a 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 right 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.
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 section 11.
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 right
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 there-from 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 there-from 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.
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 preferred within the said period of three months, the
local officer shall declare the property in respect of which the notice is
published 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 rightfully 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.
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 a local newspaper 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.
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 IV
MOVABLE PROPERTY FOUND IN A PUBLIC PLACE
14. Disposal of movable property found in a public place - (1) Any movable
property which is found in a public place, and the 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 handover, 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 first 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:- 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 V
MISCELLANEOUS
15. Delegation of powers - 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.
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.
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.

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