Section 7 in West Bengal Escheats and Forfeitures Act, 2012
7. Taking possession and assume management.
(1)Notwithstanding anything contained herein, on being passing of an order 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.(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.
