LexThe rajasthan escheats regulation act, 1956
Rajasthan · state statute
Open in Lexace · Ask the AI about this act1. Subs. By Raj. Act 27 of 1957.
This Act extend to the whole of the State of Rajasthan including the Abu, Ajmer and Sunel areas
with different effect from 1-9-1957 i.e. the date of the enforcement of the Rajasthan Act 27 of
1957.
Also see Raj. Act 40 of 1957.
THE RAJASTHAN ESCHEATS
REGULATION ACT, 1956
(Act No.23 Of 1956)
C O N T E N T S
1) Short title. Extant and commencement.
2) Definitions.
3) General Superintendence of escheats.
4) Report by tehsildar.
5) Register of properties.
6) Inquiry by collector.
7) Appeal.
8) Proceeding by court.
9) Claims and vesting order.
10) Action to be taken by collector
11) Enforcing surrender of possession
12) Power to make rules
13) Delegation.
14) Saving.
15) Omitted.
THE RAJASTHAN ESCHEATS REGULATION ACT, 1956
(Act No.23 Of 1956)
(Received the assent of His Highness the Rajpramukh on the 10th day of July.1956).
As amended subsequently by Raj. Act 27 and 40 of 1957.
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.
1 [(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;
1. Omitted by Raj. Act 27 off 1957
(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 applie s” means any property vesting in the State qua
ultima heres under Article 29 6 of the Constitution of India by escheats or as bona
vacantia;
(5)1[x x x]
3. General Sup erintendence of escheats .:-The general sup erintendence 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 existen ce 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 suc h property is in the present possession of any person, such
possession shall not be disturbed.
(2) Any property of which possession is ta ken 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 pro ceeds 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, i n the case of any such property having been sold
under sub-section (2) of section 4, the amount of sale proceeds thereof.
6. Inquiry by Collector. - (1) Upon receipt of a report under section 4, the Collector
shall immediately-
a) Make such order as he thinks proper respecting the possession, maintenance,
management, safe custody and taking care of each item of every property
specified in the report, and
b) Issue a proclamation specifying the prescribed particulars and calling upon all
persons having any interest therein or right thereto to prefer their claims in
c) respect thereof to the Collector within thirty days from the service thereof in
accordance with sub-section (2).
Explanation.-In the case of any such property consisting of land or other immovable
property, the word “management” shall include the making of necessary arrangements
for the cultivation and letting the same.
(2) The proclamation issued under clause (b), of sub-section (1) be served.-
i. By exhibiting a copy thereof at some conspicuous spot on or adjacent to the
place where the last known owner of such property, if any, resided last or where
the property was found and also, in the case of such property being immovable,
on such property,
ii. By having the contents thereof proclaimed at the aforesaid place by beat of
drum.
iii. By affixing a copy thereof on the notice board of the office of the Collector
issuing it, and
iv. By publishing a copy thereof in the 1[Official Gazette] and, where the last owner
of such property, if any, was, at the time of his death, residing in some place
outside the State also in some local daily newspaper having free circulation in
the region.
(3) Any income accuring from any such property shall be kept in deposit till the final
disposal of all claims in respect thereof.
(4) If any property to which this Act applies consists of several items lying within
different districts,the board shall decide as to the Collector o f one of such districts who
shall proceed under this section in respect of the entire property.
(5) It shall be the duty of the Collector to obtain full information from the public
records and by personal inquiries respecting any property to which this Act applies,
being in all caes careful not to infringe any private rights or to occasion unnecessary
trouble or vexation to individuals.
(6) Every claim preferred within the same time specified in sub -section (1) shall be
enquired into in the prescrib ed manner and if the Collector is satisfied as a result of
such inquiry that the claimant is entitled to any such property and has the right to
receive and hold the same in any capacity whatsoever, such property, together with the
income, if any accrued th erefrom and kept in deposit under sub -section (3) shall be
delivered to him on payment of the payment of the expenses, if any incurred in the
maintenance, management, safe custody and taking care thereof:
Provided that any claim preferred after th e expiry of the time specified in sub -
section (1) may be accepted and enquired into if the Inspector is satisfied that the
claimant had sufficient reasons for not preferring the claim within such time:
Provided also that if any such property has b een sold under sub -section (2) of
section 4 the claimant shall be entitled to get the sale proceeds thereof on payment of
such expenses and the costs, if any, of the sale.
RAJ. ESCHEATS REGULATION ACT, 1956
(7) The collector may, if any inquiry under this section involves a complicated
question of law as to title or status which has not been previously adjudicated upon by a
Civil Court of competent jurisdiction, and shall, if there are two or more claimants in
respect of the same property, require any or all of the claimants to apply fo r a
succession certificate in respect of such property or to institute a suit for a declaration of
title thereto within such period not exceeding six months in the aggregate as the
Collector may from time to time fix, and if such application or suit has be en made or
instituted, the Collector shall stay the proceedings before him and the disposal of the
property shall be subject to the result thereof.
(8) The Collector may for reasons to be recorded in writing, make over any inquiry
and claims under this section to any Assistant Collector subordinate to him. Such officer
shall after taking the necessary steps in accordance with this section record his findings
and submit the same to the collector.
(9) If the Collector is satisfied after enquiry in accordance with this section that-
a) The property in question is not of the nature to which this Act applies, he shall
order the proceedings to be closed and the property to be allowed to remain
with the person in whose possession it might then be, or if pos session thereof
has been taken under section 4, of section 6, to be restored to the person from
whom possession was so taken, or
b) The last owner of the property in question died in the state and without leaving
any known heir, that the claim preferred under sub-section (6) is not prima
facie maintainable, that there is no such person entitled to claim such property
and that it is a bona fide case of property vesting in the state as ultima heres
under Article 296 of the Constitution of India,
By escheats or as bona vacantia, for want or rightful owner, he shall apply to
the court for a vesting order in respect of the property and for the custody
thereof in the meanwhile:
Provided that no application for restoration of such possession or fa n vesting order
shall be made until the time prescribed for preferring an appeal under section 7 has
expired or until the appeal, if any, preferred has been disposed of.
7. Appeal.-Any informer aggrieved by the final order of the Collector under sub -section
(9) of section 6 may appeal to the Board within sixty days of passing thereof.
C O M M E N T R Y
1. Duty and rights of an informer. - An informer or complainant sets the Government
machinery in motion in public interest. It is none of sets the Government machinery in
motion in public interest. It is none of his duty to file an appeal when the Collector hold
that the property is not esch eat. He is not an aggrieved person in such a situation. The
interest of the state is directly affected in every appeal. Raghunath v. Ramjilal, 1992
RRD 569.
RAJ. ESCHEATS REGULATION ACT, 1956
2. General.-[1] Where the Collector passes an order under section 6(9) of this Act, it
is a fina l order. The person aggrieved by such an order can prefer an appeal under
section 7 of this Act, where the Collector/Additional Collector passes an interim order
under section 6(9) an appeal is not maintainable. Paradevi v. State of Rajasthan, 1975
KS 245=1975 RRD 519.
[2] Appeal provided u/s 7 only against final order of Collector. General
superinterdence of properties vests in collector and board can also give directions to
Collector-Addl. Collector could direct The. u/s 3 not to disturb possession of non-
petitioner.
Appeal is a creature of statute. An appeal can lie if the law provides for it. Under
section 7 of the Escheat Regulation Act appeal is provided only against a final order of
the Collector passed under section 6(9) of the said Act and not against any others. The
present order appeal is admittedly not an order under section 6(9). Therefore this
appeal is clearly incompetent. Now we have to consider whether the order of the
learned Additional Collector can be interfered with under sectio n 3 of the said Act.
Section 3 provided that the general superintendent of all property to which this Act
applies is vested in the Collector who should inform himself fully through the Assistant
Collector and Tehsildars subordinate to him of all such prope rty and act in the matter,
subject to the directions of the Board and the orders of the State Government. This
clearly shows that the general superintendence of the Properties to which this Act
applies vests in the Collector and the board can also give dir ection to the Collector.
However, these directions can be given for the carrying out of the provisions of the
Escheats Regulation Act when it is felt by the Board that those provisions are not being
carried out by the Collector or that a general guidance i s required to be given. Yadram
v. Kabul Singh, 1974 RRD 511.
[3] Collector passed final order on dt. 4 -5-1971 declaring the disputed property to be
escheat and submitting application under section 1 of the Act to D.J. appellant filed
appeal on 30 -11-1973 contending that he got knowledge of the death of the deceased
on 20-9-73 and submitting application for copies on 29 -9-73 and obtained copies on 1 -
10-73 thus filed appeal on 30 -1073. Held appeal was barred by limitations as he o ught
to have filed appeal latest by 21 -10-73 or each days delay have to be explained. There
is no sufficient reason to wait for full 30 days appeal held barred by limitation.
How appellant came directly to the Board of revenue without putting his obje ction in
lower competent courts is not explained. Smt.Draupadi v. RameshwarDayal 1977 RRD
670.
8. Proceedings by court. -(1) Upon the presentations of an application, the court shall
issue a proclamation in the prescribed form calling upon any person claimi ng to be
entitled to the property set out therein to attend and prefer his claim.
RAJ. ESCHEATS REGULATION ACT, 1956
(2) Such proclamations shall be served in the manner laid down in sub -section (2) of
section 6 and also by affixing a copy thereof on the notice board of the court issuing it.
(3) The court may, pending the disposal of the application, appoint an administrator for
the possession, safe custody, due care, maintenance and management of the property
forming the subject matter of the application.
(4) Such administrator shall, previous to his entering upon office, give security in a sum
to be fixed by the Court for the faithful discharge of his trust and shall be entitled to such
remuneration as the Court may fix.
(5) In the event of the administrator falling to give such security and of there being no
other person willing to accept the appointed and give the required security, the Court
shall appoint the Collector to be the administrator with power to continue or alter the
arrangements, if any, made under clause (a) of sub -section (1) of section 6 and without
being required to give any security.
9. Claims and vesting order. -(1) If in response to the proclamation issued under
section 10, any person prefer a claim and satisfies the court of his right to the
possession of the property , in question or any part of it, the Court shall direct the
Collector or the administrator, as the case may be, to deliver the property to such
person after deducting or on payment of the expenses, if any, incurred in the
maintenance, management, safe cust ody and taking thereof. The collector or the
administrator shall act according to such direction and the provisions of sub -section (6)
of the section 6 shall apply.
(2) If no persons prefers a claim and establish his right the Court shall after the expi ry
of twelve months from the date of the service of proclamation issued under section 10,
pass an order declaring the property in question to have vested in the state on the date
of the death of the last owner thereof and send a copy of such order to the collector.
C O M M E N T A R Y
Scope of proclamation u/s 8. -If no claims are submitted and the claimant slept over
for 12 months after service of notice and proclamations the collector passed final order
in absence of claim. Plea that no notice or opportunity was given can not be accepted.
No revision or appeal shall lie to board against final order D.J.Umed v. State of
Rajasthan, 1979 RRD=581.
10. Action to be taken by collector.-(1) Upon receipt of the order passed under sub-
section (2) of section 9, the Collector shall pass orders for the sale of property by public
auction, if it has not already been sold under sub-section (2) of section 4:
Provided that if no such property or any part thereof con sists of any work or artistic
or historical importance, the importance thereof by sale or otherwise shall be subject to
and in accordance with the orders of the State Government to which a report in that
behalf shall be made.
1. Subs. by Raj. Act No. 27 of 1957.
2. Subs. by Raj. Act No. 27 of 1957.
3. Omitted by Raj. Act No. 27 of 1957.
(2) When an order for sale has been passed under sub-section (2) such shall be held
and conducted in the manner laid down for the sale of like property for the recovery of
arrears of revenue. (3) From the proceeds of such sale shall be recovered the cost
thereof, if any, and expenses till then incurred in the maintenance, management, safe
custody and taking care of the property sold and the surplus shall be kept in deposit for
a further period of one year from the date of sale. (4) If during such further period
no claim is preferred and established such deposit shall lapse to and vest in the State
and be credited to the Consolidated fund of the State.
11. Enforcing surrender of possession. -If the Collector or any other officer acting
under his direction is opposed, register or impended in obtaining possession in
accordance with the provision of this Act over any property to which this Act applies,
such Collector shall, If a Magistrate, enforce the surrender of such property and, if not a
Magistrate, he shall send a requisition to a Magistrate who shall enforce such surrender.
12. Power to make rules. - The State Government may make rules generally for the
purpose of carrying out the provisions of this Act, and in particulars for all matters,
which, by this Act, may, or are required to be prescribed.
C O M M E N T A R Y
Statutory instruments including rules (and notifications, orders and regulations) do
not come into operation on the date of which they are first made but on the day on
which they are made available are known to public or to persons, whom it is sought to
affect. Sheoji v. Moti, 1982 RRD 471.
13. Delegation.-(1) The State Government may, by notification in the 1[Official Gazette],
delegate to the board all or any its powers, except the power to make rules. (2) The
Board may, with the approval of the State Government, from time to time issue direction
for the guidance of the Collector and subordinate revenue officers in carrying out the
provisions of this Act,
14. Savings.-Nothing in this Act shall in any way - (i)Apply to or affect any proceeding
taken in respect of any unclaimed property under the Code of Criminal Procedure,
1898, or under the Police Act, of the Central Legislature as adapted to 2[the State of
Rajasthan], or (ii) Be constructed to preclude any person who may conceive that he
has just grounds of complaint on account of any orders which may be passed by the
Collector or the Board or State Government or the Court under this Act from proceeding
in the regular course of law for the recovery of any property to which such order relate
or for compensation for any loss or injury supposed to have been unduly sustained by
him.
15. 3[x x x]
RAJ. ESCHEATS RULES, 1957
THE RAJASTHAN ESCHEATS RULES, 1957
C O N T E N T S
1. Short title and commencement.
2. Interpretations.
(i) The Act
(ii) Section
3. Inventory of property.
4. Mode of taking possession.
5. Particulars of proclamation u/section 6.
6. Enquiry under sub-section (6) of section6.
7. Form of proclamation under section 6.
THE RAJASTHAN ESCHEATS RULES, 1957
[ Notification No. F:8 (40) Rev./A/53 dated 8 -3-57,pub. In Raj. Gaz. Part IV-C, dated 28-
3-57. ]
In exercise of the powers conferred by section 12 of the Rajasthan Escheats
Regulation Act, 1956, (Rajasthan Act No. 23 of 1956 ) the State Government is hereby
pleased to make the following rules namely:-
1. Short title, extent and commencement.-
(1)These rules may be called the Rajasthan Escheats Rules, 1957.
(2) They shall extend to the pre-Reorganisation State of Rajasthan.
(3) They shall come into force at once.
2. Interpretations.- In these rules, unless there is anything repugnant in the
subject or context –
(i) “The act” means the Rajasthan Escheates Regulation Act, 1956
(Raj. Act No. 23 of 1956).
(ii) “section“ means a section of the Act.
3. Inventory of property.- If the property to which the act applies-
(a) is agricultural property, the inventory shall show the name of the village, the
survey number, area and name of field, if any, soil classification and
boundaries;
(b) is immovable property other than agricultural land, the inventory shall contain
a description of such property sufficient to identify the same; in particular the
name of the village, town or city, the name of the ward, mohalla, road or
street and a description of the locality, nu mber of house, if any, and
boundaries;
RAJ. ESCHEATS RULES, 1957
(c) is movable property, the inventory shall give a reasonable accurate and full
descriptions of the property together with the nature and estimated of each
articles and the name of the place where the property is.
4. Mode o f taking possession. - In the case of the property of the description
mentioned in clause (a) and (b) of rule 3, the Tehsildar shall proclaim the fact of
taking possession by beat of drum in the village, town or city concerned; and in
the case of the prope rty of the description mentioned in clause (c) of the same
rule, he shall take physical possession of the property.
5. Particulars of proclamation under section 6. -The proclamation under clause
(b) of sub section. (1) of sec. 6 shall-
(a) give a description of the property sufficient to identify the same; and in
case such property can be identified by boundaries or numbers in a
record of settlement or survey, a specification of boundaries and
numbers; in the case of movable property, its est imated value; and where
the property has been sold in accordance with sub -section (2) of section
4. The amount of sale proceeds thereof.
(b) State the manner and the terms and conditions subject to which the
property is being possessed, maintained, managed, k ept and taken care
of; and
(c) Call upon all persons having interest therein or right thereto to prefer their
claims in respect thereof to the Collector in writing within 30 days from the
service of the proclamation.
6. Enquiry under sub-section (6) of section 6.- In enquiring into a claim preferred
under sub-section (6), of section 6, the Collector shall take into consideration the
information obtained by him under sub -section (5) of that section and any other
titles, de eds and documents, if any, and he shall also record oral evidence, if
any, produced by the claimant.
7. Form of proclamation under section 8.-The proclamation under section 8 shall
be in the form appended to these rules.
RAJ. ESCHEATS RULES, 1957
Form of proclamation under section 8 of
The Rajasthan Escheats Regulation Act, 1956.
(See rule 7)
IN THE COURT OF THE DISTRICT JUDGE OF
Case No. o f 20
Escheat proceeding in respect of the property of A.B.S/o C.D.
caste r/o
E.F.S/o G.H.cast r/o Applicant.
WHEREAS the Collector of has applied to this court under clause (b)
of sub-section (9) of section 6 of the Rajasthan Escheats Regulation Act, 1956 (23 of
1956) for a vesting order in respect of the property hereinafter describe d and for the
custody thereof in the meanwhile; this proclamation is issued under section 8 of the said
Act calling upon any person claiming to be entitled to the property set out hereinafter to
attend and prefer his claim and furnish evidence in respect t hereof to satisfy the court of
his right to the possession of the property in question or any part of it. Take notice that if
no claim preferred and right established to the satisfaction of th court, then after the
expiry of 12 months from the date of the service of this proclamation, the court shall
pass an order declaring the property in question to have vested in the State on the date
of the death of the last owner thereof.
Given under my hand and the seal of the court this day
year
(Signature)
District Judge
Description of property.