Explain the salient features of Andhra Pradesh escheats and Bona Vacantia Act 1974.

Salient features of the Act

The Andhra Pradesh Escheats and Bona Vacantia Act, 1974 provides 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. This Act is a socia-economic legislation. It contains 17 Sections divided into 5 Chapters.

Section 2(i)

Meaning of Bona Vacantia: 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.

Section 2(iv)

Escheat includes any property the owner or which dies intestate and without leaving legal heir.

Section 3

Property accruded by Escheat or Lapse or Bona Vacantia shall be the property of the Government: All property situated in the State which is vested in the Government by Escheat or Lapse or Bona Vacantia for want of a rightful owner shall belong to the Government.

Section 4

All Escheats and Bona Vacantia shall be vested in the Board or Revenue or in such other officer or authority as may be empowered by the Government in that behalf and subject to the general or special orders of the Government.

Section 5

Empowers the Government to appoint the District Collector or such other officer as it may deem fit to be the local officer for each district to exercise the powers and perform the functions assigned by or under the Act, subject to the general control and directions of the competent authority appointed under Section 4 and also such number of officers as are necessary for the purpose of the Act to assist the local officers.

Section 6

The authorities have powers of disposal of property under escheat or bona vacantia. The Government may dispose such property irrespective of the value of the property. The competent authority may dispose such property where the value of the property does not exceed ten thousand rupees. The local officer may dispose such property where the value of the property does not exceed two thousand rupees.

Section 7

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.

Section 8

If any third party who is in possession of such escheats etc. without any authority, the local officer has to file a suit for declaration of the Government's right to recover such possession.

Section 9

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.

Section 10

Deals with procedure for disposal of property which includes perishable and immovable property.

Section 11

Procedure for declaring property to be escheat or bona vacantia. 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.

Section 12

Publication of declaration: As soon as a declaration is made by the local officer or by the Court, the local officer shall publish a notification in the Andhra Pradesh Gazette and in a local newspaper of the district where the property is situated or lies, and shall also cause announcement of the declaration to be made by beat of drum in the village in which the property is situated or lies.

Section 13

Immovable property which is declared as escheat or bona Vacantia shall not be alienated ordinarily by sale or grant until it has been in the possession of the Government for twelve years.

Section 14

Any movable property which is found in a public place and owner of which is not known, shall be the property of the finder as against everyone except the true owner.

Section 15

Delegation of powers: The Act empowers the Government to delegate its powers relating to the disposal of property under Section 6, to the competent authority or to any officer not below the rank of a collector.

Section 16

Power to make rules and under the said rule making power.

Section 17

Repeal and saving of certain Acts.