The KERALA ESCHEATS AND FORFEITURES ACT, 1964

ACT 4 OF 1964
THE KERALA  ESCHEATS AND FORFEITURES ACT, 1964
CONTENTS
Preamble.
Sections:
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Escheats
3. Escheats.
4. Preliminary enquiry.
5. Publication in the Gazette.
6. Investigation and decision.
7. Appeal.
8. Effect of decision.
9. Disposal of escheats.
10. Taking possession by Collector.
11. Saving of rights to sue. 
CHAPTER IIA
Abandoned Property
11A. Abandoned property.
11B. Preliminary inquiry.
11C. Publication of notice.
11D. Investigation and decision.
11E. Appeal.
11F. Taking possession by Collector.
11G. Saving of right to sue.
11H.  Disposal of property.
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CHAPTER III
Unclaimed Property
12. Police to take charge of unclaimed properties found in public places.
13. Publication in the Gazette.
14. Forfeiture of articles .
15. Uncontested claim .
16. Contested claim .
CHAPTER IV
Miscellaneous 
17. Power of Government to make rules.
18. Repeal.
3
ACT 4 OF 1964
THE KERALA  ESCHEATS AND FORFEITURES ACT, 1964 *
An Act to provide for the administration, supervision, custody and disposal of escheats and
unclaimed property. 
Preamble.—WHEREAS it is necessary  to provide for the administration, supervision,
custody and disposal of escheats and unclaimed property in the State of Kerala;
BE it enacted in the Fifteenth Year of the Republic of India as follows:— 
CHAPTER I
Preliminary
1. Short title, extent and commencement .—(1)  This Act may be called the Kerala
Escheats and Forfeitures Act, 1964.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on 1such date as the Government may, by notification in
the Gazette, appoint.
2. Definitions.—  In this Act, unless the context otherwise requires,—
(a) "Board" means the Board of Revenue for the State of Kerala, constituted under
the Kerala Board of Revenue Act, 1957;
(b) "Collector" means the Collector of a district and includes any other officer
empowered by the Government to exercise all or any of the powers of a Collector under this
Act;
(c) “court” means any civil court of competent jurisdiction.
CHAPTER II
Escheats
3. Escheats.— Where a person dies intestate and without leaving legal heirs, all his
property shall be escheat and shall belong to the Government.
4. Preliminary  enquiry .—Whenever  the  Collector  receives  information  from  any
source that any person in possession of any movable or immovable property lying within his
jurisdiction has died intestate and without legal heirs, he shall cause an inquiry to be made as
* Received the assent of the Governor on the 24th day of February, 1964 and published in the Kerala Gazette
Extraordinary No.31 dated 24th February, 1964.
1. Appointed the 1st day of June, 1965 as the date on which the Act came into force  vide S.R.O.No. 183/65
dated 21.04.1965 published in the Kerala Gazette  No. 17  dated 4th May, 1965.
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to whether the deceased has died intestate and whether he has left any legal heirs.
5. Publication in the Gazette .—  If, as a result of the inquiry under section 4, the
Collector is satisfied that the deceased has died intestate and without legal legal heirs and
that it is a prima facie case of escheat, he shall publish in the Gazette a notice calling upon
all persons who may have any claim to the property of the deceased to appear before him
and prefer their claims within six months from the date of publication of the notice.
6. Investigation and decision.—  If any claim is preferred within the  period fixed under
section 5, the Collector shall investigate the claim and take in all evidence produced by the
claimant. He shall decide the case after such inquiry as he deems fit to make, and issue
notice of the decision to the parties concerned. The decision of the Collector shall be final,
subject to the provisions of sections 7 and 11.
7. Appeal.— (1) An appeal shall lie to the Board from the decision of the Collector
under section 6 within three months from the date of the notice to the parties concerned, and
the decision of the Board on such appeal shall, subject to the provisions of sub-section (2)  of
this section and section 11, be final.  
(2) Any person aggrieved by the order of the Board under sub-section (1), may,
within sixty days of the date of communication of the order to the parties concerned, appeal
to the Government against such order, and the decision of the Government on such appeal
shall, subject to the provisions of section 11, be final.
(3) No order under sub-section (1) or sub-section (2) shall be passed without giving
all persons interested an opportunity of being heard.  
8. Effect of decision .— The decision of the Collector shall not be given effect to until
the time for the institution of a suit under section 11 is over or until the suit, if any, instituted
is finally disposed of.
9. Disposal of escheats.— (1) In the case of escheats which are movable property, the
Collector shall take steps for the sale of the property by public auction in the manner
prescribed, the sale proceeds being credited to the Government.
(2) Escheats which are immovable property shall be disposed of in accordance with
the provisions of the Kerala Government Land Assignment Act, 1960 and of the rules made
thereunder :
Provided that lands which have escheated to the Government shall not ordinarily be
sold until it has been in the possession of the Government for twelve years or more.
10.  Taking  possession  by  Collector.—  (1)  Notwithstanding  anything  contained  in
sections 5 to 9 (both inclusive), the Collector may, if satisfied after the inquiry under section
4 that the person in possession of any movable or immovable property died intestate and
without legal heirs, take possession of such property, provided that the property is not in the
possession of any person or the person in possession does not offer any opposition. If there is
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opposition  and  there  is  no  risk  of  the  property  being  damaged  by  the  delay  in  taking
possession thereof and arranging for its care and maintenance, the person may be left in
possession until the claim is finally settled. If there is risk of damage, the Collector may file
a suit in the court to establish the right of the Government and take possession of the same.
(2) The property taken possession of under sub-section (1) shall be managed by the
Government in the manner prescribed:
Provided that the Collector may dispose of any perishable property by public
auction in the manner prescribed at any time after taking possession under sub-section (1).
11. Saving of rights to sue. —Nothing in this Chapter shall be held to prevent parties
deeming themselves aggrieved by any decision or order passed or proceedings taken or
purporting to be passed or taken under this  Chapter from suing the Government in the civil
courts:
Provided that such suits shall be preferred within six months from the time at which
the cause of action arose:
Provided  further  that  the  whole  time  occupied  by the  Board  of Revenue  and  the
Government  under  section  7  shall  be  excluded  from  the  computation  of  the  period  of
limitation of the said six months.
1[CHAPTER IIA
Abandoned Property
11A. Abandoned  property.—  Any  immovable  property  abandoned  by  the  rightful
owner thereof shall be abandoned property and shall belong to the Government.
11B.  Preliminary inquiry .—  Whenever the Collector receives information from any
source that any immovable property situate within his jurisdiction has been abandoned by
the rightful owner thereof, he shall cause an inquiry to be made as to whether there is any
legal claimant to such property.
11C.  Publication of notice .—  If as a result of the inquiry under section 11B, the
Collector is satisfied that there is a prima facie case of abandonment of the property by the
rightful owner thereof, he shall publish in the Gazette a notice calling upon all persons who
may have any claim to such property to appear before him and to prefer their claims within
six months from the date of publication of the notice.
11D.  Investigation and decision .—  If any claim is preferred within the period fixed
under section 11C, the Collector shall investigate the claim and decide the case after such
inquiry as he deems fit to make, and issue notice of the decision to the parties concerned.
11E. Appeal.—(1)  An appeal shall lie to the Board from the decision of the Collector
under section 11D within three months from the date of receipt of the notice of such decision
1. Inserted by Act 33 of 1976. 
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by the parties concerned and the order of the Board on such appeal shall, subject to the
provisions of sub-section (2) and section 11G, be final.
(2) Any person aggrieved by the order of the Board under sub-section (1) may, within
sixty days of the date of communication of the order to the parties concerned, appeal to the
Government against such order, and the order of the Government on such appeal shall,
subject to the provisions of section 11G, be final.
(3) No order under sub-section (1) or sub-section (2) shall be passed without giving
all persons interested an opportunity of being heard.
11F.  Taking  possession  by  Collector.—(1)  Notwithstanding  anything  contained  in
sections 11C, 11D and 11E, the Collector may, if satisfied after inquiry under section 11B
that  any  immovable  property  has  been  abandoned  by  the  rightful  owner  thereof,  take
possession of such property, provided the property is not in the possession of any person or
the person in possession does not offer any opposition.
(2) If there is opposition in the taking possession of any property by the Collector
under sub-section (1), the person in possession of the property may be left in possession
thereof until the claim is finally settled under the foregoing provisions of this Chapter.
(3) The property taken possession of under sub-section (1) shall be managed by the
Government in the manner prescribed.
11G. Saving of right to sue .—  Nothing in this Chapter shall be held to prevent any
person deeming himself aggrieved by any decision or order passed or proceedings taken or
purporting to be passed or taken under this Chapter from filing a suit against the Government
in the competent civil court for establishing his claim.
11H. Disposal of property .— Abandoned property shall be disposed of in accordance
with the provisions of the Kerala Government Land Assignment Act, 1960 and the rules
made thereunder:
Provided that such property shall not be sold until it has been in the possession of the
Government for not less than twelve years.]
CHAPTER III
Unclaimed Property
12. Police to take charge of unclaimed properties found in public places .—Any article
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.
13. Publication in the Gazette.— (1) The Collector shall publish a notice in the Gazette
inviting claimants to prefer claims to the article sent to him by the police under section 12
within three months from the date of publication of the notice.
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(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).
(3) The  articles 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 claimants
after  deducting  the  expenses  of  the  sale  or  credited  to  the  Government  if  no  claim  is
preferred within the period specified in sub-section (1).
14. Forfeiture of articles.— If no claim is preferred within the period specified in sub-
section (1) of section 13, the Collector shall pass an order forfeiting the articles, other than
those dealt with under sub-section (2) of the said section, to the Government, and the articles
shall thereupon be sold in public auction in the manner prescribed, and the sale proceeds
credited to the Government.
15. Uncontested claim.— If a claim is preferred within the time allowed and it is not
contested, the article shall be handed over to the claimant.
16. Contested claim.— 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 articles which come into his possession by public auction in the
manner prescribed, at any time before the decision of the court, and in that case the sale
proceeds shall be handed over to the court after deducting therefrom the expenses of the sale.
CHAPTER IV
Miscellaneous 
17. Power of Government to make rules.—(1) The Government may, by notification in
the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for —
(a)  the  superintendence  and  disposal  of  escheats,  1[abandoned  property]  and
unclaimed articles ; 
(b) the manner in which property shall be managed by the Government under
section 10 2[or section 11F]; 
(c) the procedure to be observed in public auctions under this Act;
(d) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid as soon as may be after it is made
1.Inserted by Act 33 of 1976.
2 Inserted by Ibid.
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before the Legislative Assembly  while it is in session for a total period of fourteen days
which may be comprised in one session or in two successive sessions, and if before expiry of
the session in which it is so laid or the session immediately following, the Legislative
Assembly agrees that the rule should be either modified or annulled, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so however,
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of
anything previously done under that rule.
18. Repeal.— The Madras Endowments and Escheats Regulation, 1817 (VII of 1817)
as in force in the Malabar district referred to in sub-section (2) of section 5 of the States
Reorganisation Act, 1956 (Central Act 37 of 1956), in so far as it relates to escheats, is
hereby repealed.
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