The West Bengal Escheats And Forfeitures Act, 2012

Registered No. WB/SC-247 	 No. WB(Part-HI)/2012/SAR-25 
 
ictilkatat &gat 
+141 ci ‘114-1 
Extraordinary 
Published by Authority 
SRAVANA 10] 	
WEDNESDAY, AUGUST 1, 2012 	 [SAKA 1934 
PART BI—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NO 111-1CATION 
No. 1123-L.-1st August, 2012.—The following Act of the West Bengal Legislature, having been assented to by the 
Governor, is hereby published for general information:— 
West Bengal Act XIV of 2012 
THE WEST BENGAL ESCHEATS AND FORFEITURES 
ACT, 2012. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 1st August, 2012.] 
An Act to provide for taking over of charge, management, administration, supervision, 
custody and disposal of property vested in the State of West Bengal by escheat or lapse, 
or as bona vacantia and unclaimed property. 
WHEREAS it is expedient, in the public interest, to provide and make provisions 
for the administration, development, control, custody, management, supervision and 
disposal of escheats, lapsed or unclaimed property in the State of West Bengal and 
for the matters incidental thereto; 
It is hereby enacted in the Sixty-third Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
2 	 THE KOLKATA GAZE'. lb, EXTRAORDINARY, AUGUST 1, 2012 	 [PART HI 
The West Bengal Escheats and Forfeitures 
Act, 2012. 
(Chapter 1.—Preliminary.—Sections 1, 2.) 
CHAPTER I 
Preliminary 
Short title, extent, 
application and 
commencement. 
Definitions. 
1. (1) This Act may be called the West Bengal Escheats and Forfeitures Act, 
2012. 
(2) It extends to the whole of the State of West Bengal. 
(3) It applies to all property, which according to the Constitution of India or any 
other law for the time being in force, has vested or having become vested or shall 
vest in the State Government by escheat or lapse, or as bona vacantia, or which is 
forfeited or having become forfeited or shall forfeit in the State Government under 
the provision of this Act: 
Provided that in respect of immovable property that comes under this Act, the 
same should be recorded in Collector's Khatian i.e. Khatiah No. I: 
Provided further that the property mentioned in the first proviso should be brought 
into 'Land Bank' of the State Government, and its disposal is to be governed in such 
manner as may be decided by the State Government in respect of other categories 
of Government land in the Land Bank: 
Provided also that the immovable property as already brought under Collector's 
Khatian as 'escheated property' and it is already settled by the collector in the manner 
as is followed in respect of management of Government land, such property may not 
be brought under the purview of this Act for its management under this Act: 
Provided also that the immovable property as already brought under Collector's 
Khatian as 'escheated property' and still remains unsealed may come under the 
purview of this Act subject to the condition that it should also be brought into 'Land 
Bank' and its disposal also to be governed in such manner as may be decided by 
the State Government in respcet of other categories of Government land in the 'Land 
Bank'. 
(4) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint in that behalf. 
Note.—For the purpose of this section 'Land Bank' means a separate account to 
be maintained by Land and Land Reforms Department in respect of land and property 
to be vested under this Act. 
2. In this Act, unless the context otherwise requires,— 
(a) "Appellate Authority" means the Secretary, Judicial Department of the 
State Government or such authority that the State Government may by 
general or special order delegate such function to; 
(b) "Claimant" means a person who had a legal claim on the previous owner, 
or just or natural right or claim to succeed to the previous owner's 
property or to any part thereof and claiming any interest in escheated 
property; 
(c) "Collector" means the Collector of a district and includes an Additional 
Collector or any other officer appointed, authorised or empowered by 
the State Government to exercise all or any of the powers of a Collector 
under this Act; 
PART HI] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2012 	 3 
The West Bengal Escheats and Forfeitures 
Act, 2012. 
(Chapter IL EscheatedProperty.—Section 3.) 
(d) "Competent Authority" means any person or authority of the Judicial 
Department of the State Government authorised to perform the functions 
of the competent authority under this Act or any other persons or authorities 
may be authorised by the State Government, by notification in the 
Official Gazette, to perform such functions of the competent authority 
or to perform different functions; 
(e) "court" means any civil court of competent jurisdiction; 
(f) "deceased" means the person on whose death property has accrued to 
the State Government by escheat or lapse; 
(g) "escheat" with all its grammatical variations means the automatic transfer 
to the State Government of property of a person who dies intestate 
without any legal heirs according to his personal law and in case of an 
artificial person such as a corporation, trust, association of persons or 
society recognized by law to be capable of owning property, whether in 
its own name or in the name of any governing body or office bearer by 
whatever name called or otherwise, the transfer to the State Government 
of property of such artificial person on its dissolution, winding up, 
becoming defunct whether by operation of law, declaration or in fact, 
including the circumstances mentioned in section 3 such fact being one 
that only the Competent Authority will have the power to determine in 
the manner prescribed; 
(h) "escheated property" means any land, building or other real or personal 
property or any interest, legal or equitable, in it or any interest in any 
corporeal or incorporeal hereditament and includes any movable or 
immovable or any abandoned immovable property, which has vested or 
having become vested or shall vest in the State Government by escheat 
or lapse, or as bona vacantia under the provisions of this Act; 
(i) "prescribed" means prescribed by rules made under this Act; 
W "property" means and includes both or any one of the escheated property 
or unclaimed property, as the case it may be; 
(k) "State Government" means the State Government of West Bengal and 
"State" means the State of West Bengal; 
(1) "unclaimed property" means any movable or immovable property or any 
article or treasure trove of any description or any interest, legal or 
equitable, in it which is forfeited or having become forfeited or shall 
forfeit to the State Government under the provisions of this Act; 
(m) the "masculine" shall include the feminine, the singular and the plural 
unless repugnant or contrary to the context. 
Escheats. 
CHAPTER II 
Escheated Property 
3. Notwithstanding anything contained in other laws for the time being in force, 
where a person dies intestate and without leaving legal heirs according to his personal 
law or any corporation, trust, association or society or the governing body of such 
corporation, trust, association or society, by whatever name called, recognised by law 
to be capable of owning property, whether in its own name or in the name of any 
governing body or office bearer by whatever name called or otherwise, the transfer 
to the State Government of the property of such artificial person on its dissolution, 
winding up, becoming defunct whether by operation of law, declaration or in fact 
4 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2012 	 [PART III 
   The West Bengal Escheats and Forfeitures 
Act, 2012. 
(Chapter IL—Escheated Property.—Section 4.) 
or has ceased to exist or is unable to hold the general meeting and reconstitute its 
new executive committee consecutively for last five years, the property of such person 
or artificial person, as the case may, be shall automatically stand transferred to the 
State Government, and the State Government may cause possession or management 
or administration of such property to be taken over by escheat or lapse, or as bona 
vacantia for want of rightful owner, and on such transfer having taken place 
automatically on such finding of fact as referred to in clause (g) of section 2 by the 
Competent Authority, the State Government shall become the owner of the property 
without any further act or document being needed. 
Enquiry and 
appeal. 
4. (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 sub-
section (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. 
11. (1) The Collector shall publish, in the prescribed manner, a general notice 
in any two newspapers having wide circulation in the area where such property is 
found or located; one being published in English and the other in the regional 
language, or in the Official Gazette inviting claimants to prefer claims to the unclaimed 
property sent to him by the police under section 10 within three months from the 
date of publication of the notice. 
(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) as the case may be. 
(3) The article 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 
claimant after deducting the expenses of the sale. In case no claim on such property 
is preferred, the proceeds of the sale shall be credited to the State Government. 
8 	 THE KOLKATA GAZE1 1E, EXTRAORDINARY, AUGUST 1, 2012 	 [PART HI 
The West Bengal Escheats and Forfeitures 
Act, 2012. 
(Chapter Ill.—Unclaimed Property.—Sections 12-14.— 
Chapter IV.—Miscellaneous.—Sections 15-18.) 
Forfeiture of 
unclaimed 
property. 
Uncontested 
claim. 
12. If no claim is preferred within the period specified in sub-section (1) of section 
11, the Collector shall pass an order forfeiting the unclaimed properties, other than 
those dealt with under the sub-section (2) of section 11, to the State Government, 
and the unclaimed properties shall thereupon be sold in public auction in the manner 
prescribed, and the sale proceeds to be credited to the State Government. 
13. If a claim is preferred within the time allowed and it is not contested, the 
unclaimed property shall be handed over to the Collector. 
14. 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 article, which comes into his possession for public 
auction, at any time before the decision of the court, and in that case the sale proceeds 
shall be handed over to the court after the deduction of the sale expenses. 
Contested claim. 
Information 
regarding 
escheated and 
unclaimed 
property. 
CHAPTER IV 
Miscellaneous 
15. All officers of the Land and Land Reforms Department or Police Department 
or such other officers as may be directed by the State Government or as the case it 
may be, shall report to the Collector all cases to which this Act applies when such 
case come to their respective knowledge. 
Superintendence 	 16. (1) Subject to the general or special order of the State Government, the 
and custody. 	 Judicial Department of the State Government shall be the authority in whom vests 
the general superintendence over all escheated and unclaimed properties. 
(2) The Collector shall be the custodian of all escheated properties: 
Provided that the State Government may appoint any other officer as custodian 
in addition to or in place of the Collector and fix his jurisdiction: 
Provided further that notwithstanding anything contained in any other law for 
the time being in force, no right of any kind in respect of the grant hereby made, 
shall accrue to any person in respect of such property except those permitted by the 
Collector or such other person duly authorised by the State Government with the 
approval of the Competent Authority. 
Appointment of 
administrator. 
Finding of court as 
to escheat. 
17. The State Government by a special order may appoint any person or any 
officer of the State Government as an administrator for proper control, custody, 
supervision, administration or management of the affairs and maintenance of any 
escheated property in the manner so to be prescribed. 
18. Wherein any case arising before a civil court finds that any property vests 
in the State Government by escheat or by lapse or as bona vacantia or forfeited to 
the State Government it shall forthwith pass an order transferring the suit or other 
proceeding to the Competent Authority and shall cease to hear it any further. In such 
case, the Competent Authority shall issue notice under sub-section (3) of section 4 
and initiate a proceeding in accordance with the provisions of section 4. 
PART mi 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2012 	 9 
The West Bengal Escheats and Forfeitures 
Act, 2012. 
(Chapter 1V.—Miscellaneous.--Sections 19-23.) 
Collector to 
manage. 
Prohibition of 
alienation etc. 
Penalties. 
Protection of action 
taken under this 
Act. 
Power to make 
rules. 
19. During the pendency of any proceeding before the Competent Authority or 
the Appellate Authority except where the possession has been allowed to remain with 
the objector under sub-section (3) of section 7 and subject to the other provisions 
of section 7, the Collector shall hold and manage the property in the prescribed 
manner. 
20. (1) All properties to which this Act applies belong to the State Government 
and no person who holds such property shall sell, transfer, gift, alienate, dispose of 
or encumber such property or part of it in any way, except the Collector or any other 
person authorised by the State Government under the provision of this Act with the 
approval of the Competent Authority. 
(2) Any transfer, alienation, disposition or encumbrance made or created, knowingly 
or otherwise, in contravention of sub-section (1) shall be void. 
21. Notwithstanding anything to the contrary contained elsewhere in this Act, any 
person who contravenes the provision of sub-section (2) of section 7, without having 
preferred the objection within the period of fortnight or an appeal within the period 
of thirty days as provided for in sub-section (3) of section 7, or contravenes the 
provisions of sub-section (5) of section 7 or of section 20, shall be guilty of an offence, 
on conviction whereof, he shall be liable to be punished with imprisonment which 
may extend to seven years and with fine which may extend to thirty lakh of rupees. 
Such offence shall not be compoundable and shall be cognizable and non-bailable. 
22. (1) No suit, prosecution or other legal proceeding shall lie against any person 
for anything which is done in good faith or intended to be done in pursuance of this 
Act or any rules made thereunder. 
(2) No suit or other legal proceeding shall lie against the State Government for 
any damage caused or likely to be caused or any injury suffered or likely to be suffered 
by virtue of any provision of this Act or by anything in good faith done or intended 
to be done in pursuance of this Act or any rules made thereunder. 
23. (1) The State Government may, by notification in the Official 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 powers, 
such rules may provide for— 
(a) the manner of making enquiry; 
(b) the manner of taking charge and possession of any property; 
(c) the making reports to the Collector; 
(d) the taking approvals from the Competent Authority; 
(e) the manner of notices in addition to what has been provided for in this 
Act; 
(f) rendering assistance to the Collector and Administrator by any public 
officer; 
(g) the superintendence, custody and disposal of escheated property and 
unclaimed property and perishable article; 
(h) the manner in which the property shall be managed by the State 
Government; 
10 	
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2012 	 [PART III 
The West Bengal Escheats and Forfeitures 
Act, 2012. 
(Chapter IV.—Miscellaneous.—Sections 24-26.) 
(i) the manner in which an administrator to be appointed; 
(j) the procedure to be observed in public auctions under this Act; 
(k) the proceedings before the Competent Authority including adjudication 
of objections under sub-section (3) of section 7 of this Act; 
(1) the proceedings before the Appellate Authority including an appeal 
under sub-section (3) of section 7 of this Act; 
(m) the manner of making payments; 
(n) any other matter which has to be, or may be, prescribed. 
(2) Every rule made under this Act shall be laid as soon as may be after it is 
made before the State Legislature while it is in session which may approve it with 
or without modification; and if approved with modification, shall take effect with such 
modification prospectively; so, however, that any such modification or annulment 
shall be without prejudice to the validity of anything previously done under the rule. 
Act to have over-
riding effect. 
Power to remove 
difficulties. 
Repeal and saving. 
24. The provisions of this Act shall have effect notwithstanding anything 
inconsistent therewith contained in any other law for the time being in force or in 
any instrument or in any decree or order of any court or other authority having effect 
by virtue of any law other than this Act. 
25. If any difficulty arises in giving effect to the provisions of this Act, the State 
Government may, as occasion may require, by order published in the Official Gazette 
make such provisions, not inconsistent with the provisions of this Act, do or cause 
to be done anything which may be necessary or expedient for removing the difficulty. 
26. (1) On and from the date of this Act comes into force, the enactments 
specified in the Schedule, so far as they are in force in the State of West Bengal, 
shall be repealed to the extent mentioned in third column thereof. 
(2) Notwithstanding such repeal, anything done, or any action taken, or any rules 
or orders made, or any notices or notifications issued, in exercise of any power 
conferred by the said enactments or under any other law for the time being in force 
shall be deemed to have been done, taken, made or issued under the corresponding 
provisions of this Act, as if, this Act commenced on the date on which the said action, 
rules or orders were taken or made or the notices or notifications issued. 
(3) All proceedings at present pending before the Board of Revenue of the State 
Government relating to escheats shall stand transferred to the Competent Authority 
who at his discretion may proceed de novo, or from the stage reached at the time 
of such transfer or such other stage as he considers fit, subject to natural justice being 
complied with in both the exercise of and result of exercise of discretion. 
(4) All properties escheated under any proceeding prior to the commencement 
of this Act or in possession of, being administered, controlled or in the custody of 
the Board of Revenue of the State Government prior to the commencement of this 
Act, shall be deemed to have been escheated under this Act and the Competent 
Authority or the Collector, as the case may be, shall take over such administration, 
control or custody and possession, as the case may be. This Act shall have effect as 
if the escheat were under this Act. 
PART 	
THE KOLKATA GAZE11B, EXTRAORDINARY, AUGUST 1, 2012 	 11 
The West Bengal Escheats and Forfeitures 
Act, 2012. 
(Schedule.) 
THE SCHEDULE 
[See sub-section (1) of section 26] 
Number and year Short title Extent of repeal 
(1) (2) (3) 
Bengal Regulation 5 of 1799 
Bengal Regulation XIX of 
1810. 
The Bengal Wills and Intestacy 
Regulation, 1799. 
The Bengal Charitable Endowments, 
Public Buildings and Escheats 
Regulation, 1810. 
The whole. 
So far as relates to 
escheat. 
By order of the Governor, 
MALAY MARUT BANERJEE, 
Secy. to the Govt. of West Bengal, 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056 

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