{ "id": 14475, "slug": "andhra-pradesh-excheats-and-bona-vacantia-act-1974", "title": "Andhra Pradesh Excheats and Bona Vacantia Act, 1974", "short_title": "Andhra Pradesh Excheats and Bona Vacantia Act, 1974", "act_number": "(Act No. 35 of 1974)", "act_year": 1974, "act_type": "STATE", "location": "Andhra Pradesh", "law_status": "unknown", "enactment_date": null, "description": "Andhra Pradesh Excheats and Bona Vacantia Act, 1974", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "(2) It extends to the whole of the State of Andhra Pradesh.\n(3) It shall come into force on such date as the Government may, by notification, appoint.", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definition.", "chapter": null, "content": "(i) \"bona vacantia\" includes any property, situated in the State of which there is no ful owner, but does not include an escheat on any movable property found in a public place;\n(ii) \" competent authority\" means the chief controlling authority specified in Section 4;\n(iii) \"court\" means any civil court of competent jurisdiction ;\n(iv) \"escheat\" means any property the owner of which dies intestate and and without leaving legal heir;\n(v) \"Government\" means the State Government;\n(vi) \"local officer\" means the officer appointed under Section 5;\n(vii) \"Notification\" means a notification published in the Andhra Pradesh Gazette ; and the word \"notified\" shall be construed accordingly;\n(viii) \"Prescribed\" means prescribed by rules made by the Government under Act\nChapter 2\nGeneral", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Ownership of property accruing by escheat or lapse or as bona vacantia.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. General superintendence of escheats and bona vacantia.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Local officers.", "chapter": null, "content": "(2) The Government may, by notification, appoint such number of other officers as may be necessary for the purposes of this Act, to assist the local officer.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Powers of disposal of escheat or bona vacantia.", "chapter": null, "content": "(a) by the Government irrespective of its value;\n(b) by the competent authority, where its value does not exceed ten thousand rupees;\n(c) by the local officer, where its value does not exceed two thousand rupees;\n(i) to decide whether the claim of Government should be asserted and the property taken into custody;\n(ii) to make equitable disposition of property which devolves by escheat;\n(iii) to take charge of the property to which the claim of the Government has been asserted and to arrange for its care and maintenance during the period when it is in their custody.\nChapter 3\nDeclaration of Property as an Escheat or a Bona Vacantia and its disposal", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Inquiry relating to escheat or bona vacantia by local officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Local Officer to institute a suit for recovery of possession of escheat or bona vacantia when the person in possession resists.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Local officer to take into custody and to arrange for care and maintenance of property which is not in the possession of any person or its possession is surrendered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Disposal by local officer of property in certain case.", "chapter": null, "content": "(b) Where the property taken into custody under Section 9 is movable property of the value not exceeding fifty rupees, the local officer shall cause it to be sold by public auction in the manner prescribed, and credit the sale proceeds thereof to the Government.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Procedure for declaring property to be escheat or bona vacantia.", "chapter": null, "content": "(b) Where the court decides that the property taken into custody under Section 9 or any part thereof fully belongs to the claimant, the local officer shall deliver the same to him and where the court decides that it does not belong to the claimant, the court shall declare the property to be an escheat or a bona vacantia , as the case may be.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Publication of declaration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Immovable property escheated to Government not to be sold until twelve years after such escheat.", "chapter": null, "content": "Chapter 4\nMovable Property found in a public place", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Disposal of movable property found in a public place.", "chapter": null, "content": "(2) If the finder so desires he may hand over, any movable property so found, to the officer in charge of the nearest police station who shall retain the same in his custody and shall at once furnish a report regarding such property together with an inventory thereof to the Chief Metropolitan Magistrate in the metropolitan area of Hyderabad, and elsewhere, to the judicial Magistrate of the class having jurisdiction.\n(3) On receipt of a report under sub-section (2), the Magistrate concerned shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof as if it were a property taken over by the Police under Section 51 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).\nChapter 5\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Delegation of power.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Power to make rules.", "chapter": null, "content": "(2) Every rule made under this Section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which such modification or annulment is notified have effect only in such modified form or have no effect, as the case may be; so however that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Repeal and saving.", "chapter": null, "content": "(2) Upon such repeal, the provisions of Sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 (Act 1 of 1891) shall apply.", "footnote": "", "is_definition": false, "sort_order": 16 } ], "metadata": { "Act ID": "Last Updated 21st December, 2019 [ap671]", "Act Number": "(Act No. 35 of 1974)", "Enactment Date": "", "Act Year": "1974", "Short Title": "Andhra Pradesh Excheats and Bona Vacantia Act, 1974", "Type": "STATE", "Location": "Andhra Pradesh" }, "updated_at": "2026-09-29 21:55:18" }