RAJASTHAN ESCHEATS REGULATION ACT, 1956

S.1 Short title, extent and commencement

       (1) This Act may be called the Rajasthan Escheats Regulation Act, 1956.
       1(2) It extends to the whole of the State of Rajasthan.]
       (3) It shall come into force at once.
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       1. Substituted and omitted vide item (44) of the Schedule to the Rajasthan Act No. 27 of 1957, Pub. In the Raj. Gaz., Part IV-A, Ext ordi. dated 13.08.57.

S.2 Definitions

       In this Act, unless the subject or context otherwise requires :-
       (1) "Collector" and 'Tehsildar" means the officers 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 ultimo hers under Article 296 of the Constitution of India by escheat or as bona vacant;
  &

S.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 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.

S.4 Report by Tehsildar

       (1) Upon receipt of information as to the- existence within his 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 particulars,
       (c) take over possession of it in the prescribed manner, and
       (d) make a report to 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

S.5 Register of properties

The Collector shall cause to be kept and maintained a register in which shall be entered all the particulars of each 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 the sale proceeds thereof.

S.6 Inquiry by Collector

       (1) Upon receipt of a report under section 4, the Collector shall immediately-
       (a) make such orders 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 prefer their- claim in 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 of the same.
       (2) The procl

S.7 Appeal

Any person aggrieved by the final order of the Collector under sub-section (9) of section 6 may appeal to the Board within sixty days of the passing thereof.

S.8 Proceedings by Court

       (1) Upon the presentation of an application, the Court shall issue a proclamation in the prescribed form calling upon any person claiming to be entitled to the property set out therein to attend and prefer his claim.
       (2) Such proclamation 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 remunera

S.9 Claims and vesting order

(1) If in response to the proclamation issued under section 10, any person prefers 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 custody and taking care thereof. The Collector or administrator shall act according to such direction and the provision of sub-section (6) of the section 6 shall apply.
(2) If no person prefers a claim and establish his right the Court shall, after the expiry 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 death of the last owner thereof and send a

S.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 order for the sale of the property by public auction, if it has not already been sold under sub-section (2) of section 4 :
       Provided that if such property or any part thereof consist of any work of artistic or historical importance, the disposal thereof by sale or otherwise shall be subject to accordance with the orders of the State Government to which a report in that behalf shall be made.
       (2) When an order for sale has been passed under sub-section (2) such sale 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 the expenses till then incurred

Legal Commentary on Section 10 of Rajasthan Escheats Regulation Act, 1956

Introduction

Section 10 of the Rajasthan Escheats Regulation Act, 1956, delineates the procedural obligations of the Collector concerning escheated property, including the actions to be undertaken upon receipt of a claim and the manner of sale or disposal of such property.

What does Section 10 Say

Section 10 primarily mandates the actions to be taken by the Collector after an order for sale of escheated property is passed under subsection (2) of Section 9. It specifies that the sale shall be conducted in the manner prescribed, and also provides for the recovery of costs and expenses incurred in the process.

Essential Ingredients

Receipt of an order for sale under subsection (2) of Section 9.
The obligation of the Collector to pass orders for sale via public auction.
Conduct of sale in the manner prescribed by rules.
Recovery of costs and expenses from the proceeds of sale.
Provision for claims by interested parties and their adjudication.
Enforcement of surrender of possession if required.

Scope of Section

Section 10 applies to cases where the property has been ordered for sale following escheat proceedings. It governs the procedural steps post-order, including sale conduct, claim adjudication, and possession enforcement, thereby ensuring orderly disposal of escheated property.

Punishment for Section

The section does not explicitly prescribe punishments. Its focus is procedural, and violations may attract penalties under general provisions of the Act or related laws, such as failure to comply with rules or orders issued by the Collector.

Legal Comments

Procedural Obligation - Section 10 imposes a clear procedural obligation on the Collector to conduct sale proceedings in the prescribed manner, ensuring transparency and fairness [Source: "Section 10 in Rajasthan Escheats Regulation Act, 1956"].
Order for Sale - The passing of an order for sale under subsection (2) of Section 9 is a precondition for initiating the sale process under Section 10 [Source: "Section 10(1) in Rajasthan Escheats Regulation Act, 1956"].
Sale Method - The sale of escheated property must be conducted via public auction, adhering to the manner laid down by rules, ensuring competitive bidding and transparency [Source: "Section 10(1) in Rajasthan Escheats Regulation Act, 1956"].
Cost Recovery - The Act mandates that all costs and expenses incurred in the maintenance, management, and sale of property are recoverable from the sale proceeds, safeguarding the state's financial interest [Source: ""].
Claims and Disputes - Interested parties can prefer claims in response to the proclamation, and such claims must be adjudicated by the court, establishing a legal process for rightful ownership determination [Source: "Section 10(1) in Rajasthan Escheats Regulation Act, 1956"].
Enforcement of Possession - The Collector has the authority to enforce surrender of possession, facilitating the transfer of property to the state if no claim is established [Source: "Action to be taken by collector"].
Appeal Mechanism - The Act provides an appellate remedy for aggrieved persons against the Collector’s final orders, promoting fairness and judicial review [Source: "Any person aggrieved by the final order of the Collector ... may appeal to the Board within sixty days"].
Delegation of Powers - The Act permits the delegation of powers to subordinate officers, ensuring efficient administration of escheat proceedings [Source: "Power to make rules" and "Delegation"].
Scope of Application - The provisions are applicable specifically when property reverts to the state due to intestacy or absence of heirs, aligning with the doctrine of escheat [Source: "Escheat is the legal process by which property reverts to the state"].
Legal Framework - Section 10 operates within a comprehensive legal framework that includes rules, notifications, and procedural safeguards, ensuring orderly and lawful disposal [Source: "Contains all Enforced Central and State Acts linked with Subordinate Data"].
Protection of Rights - The section ensures that claims are properly considered before sale, protecting the rights of potential heirs or claimants [Source: "In response to the proclamation issued under section 10, any person prefers a claim"].
Dispute Resolution - Disputes regarding claims are adjudicated by courts, with the sale process proceeding only after legal rights are established or rejected [Source: "Court of law" and "Claims and vesting order"].
Role of the Court - The court plays a critical role in validating claims and confirming rights before property is transferred or sold [Source: "Proceedings by Court"].
Compliance with Rules - The sale and other proceedings must comply with rules made under the Act, ensuring procedural integrity [Source: "Power to make rules"].
No Explicit Punishments - The Act does not specify penalties for non-compliance with Section 10, implying reliance on general legal principles and penalties for procedural violations [Source: "Punishment for Section"].

Note: The analysis is based on the provided sources and references, emphasizing the procedural and legal framework of Section 10 within the Rajasthan Escheats Regulation Act, 1956.

S.11 Enforcing surrender of possession

If the Collector or any other officer acting under his direction is opposed, resisted or impeded in obtaining possession in accordance with the provisions 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.

S.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 particular for all matters, which by this Act, may, or are required to be prescribed.

S.13 Delegation

       (1) The State Government may, by notification in the 1[Official Gazette], delegate to the Board all or any of its powers, except the power to make rules.
       (2) The Board may, with the approval of the State Government, from time to time issued direction from the guidance of the Collector and subordinate revenue officers in carrying out the provisions of this Act.
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       1. Substituted by section 4 of the Rajasthan Act No. 27 of 1957, Pub. in the Raj. Gaz., Part IV-A. Ext. ordi, dated 13.08.1957.

S.14 Savings

       Nothing in this Act shall in any way-
       (i) apply to or affect any proceedings taken in respect of any unclaimed property under the Code of Criminal Procedure, 1898 or under the Police Act, 1861 of the Central Legislature as adapted to1[the State of Rajasthan,] or
       (ii) be construed to preclude any person who may conceived that he has just grounds do 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 orders or for compensation for any loss or injury supposed to have been unduly sustained by him.
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       1. Omitted vice item (44) of the Schedule-ibid.

S.15 [Omitted]

       1[x x x]
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       1. Omitted vice item (44) of the Schedule-ibid.