Section 6 in Rajasthan Escheats Regulation Act, 1956
6. Inquiry by Collector.
(1)Upon receipt of a report under section 4, the Collector shall immediately-(a)Make such order 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 to prefer their claims in(c)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 the same.(2)The proclamation issued under clause (b), of sub-section (1) be served, -i. By exhibiting a copy thereof at some conspicuous spot on or adjacent to the place where the last known owner of such property, if any, resided last or where the property was found and also, in the case of such property being immovable, on such property,ii. By having the contents thereof proclaimed at the aforesaid place by beat of drum.iii. By affixing a copy thereof on the notice board of the office of the Collector issuing it, andiv. By publishing a copy thereof in the 1 [Official Gazette] and, where the last owner of such property, if any, was, at the time of his death, residing in some place outside the State also in some local daily newspaper having free circulation in the region.(3)Any income accuring from any such property shall be kept in deposit till the final disposal of all claims in respect thereof.(4)If any property to which this Act applies consists of several items lying within different districts,the board shall decide as to the Collector of one of such districts who shall proceed under this section in respect of the entire property.(5)It shall be the duty of the Collector to obtain full information from the public records and by personal inquiries respecting any property to which this Act applies, being in all caes careful not to infringe any private rights or to occasion unnecessary trouble or vexation to individuals.(6)Every claim preferred within the same time specified in sub-section (1) shall be enquired into in the prescribed manner and if the Collector is satisfied as a result of such inquiry that the claimant is entitled to any such property and has the right to receive and hold the same in any capacity whatsoever, such property, together with the income, if any accrued therefrom and kept in deposit under sub-section (3) shall be delivered to him on payment of the payment of the expenses, if any incurred in the maintenance, management, safe custody and taking care thereof:Provided that any claim preferred after the expiry of the time specified in subsection (1) may be accepted and enquired into if the Inspector is satisfied that the claimant had sufficient reasons for not preferring the claim within such time:Provided also that if any such property has been sold under sub-section (2) of section 4 the claimant shall be entitled to get the sale proceeds thereof on payment of such expenses and the costs, if any, of the sale.(7)The collector may, if any inquiry under this section involves a complicated question of law as to title or status which has not been previously adjudicated upon by a Civil Court of competent jurisdiction, and shall, if there are two or more claimants in respect of the same property, require any or all of the claimants to apply for a succession certificate in respect of such property or to institute a suit for a declaration of title thereto within such period not exceeding six months in the aggregate as the Collector may from time to time fix, and if such application or suit has been made or instituted, the Collector shall stay the proceedings before him and the disposal of the property shall be subject to the result thereof.(8)The Collector may for reasons to be recorded in writing, make over any inquiry and claims under this section to any Assistant Collector subordinate to him. Such officer shall after taking the necessary steps in accordance with this section record his findings and submit the same to the collector.(9)If the Collector is satisfied after enquiry in accordance with this section that-(a)The property in question is not of the nature to which this Act applies, he shall order the proceedings to be closed and the property to be allowed to remain with the person in whose possession it might then be, or if possession thereof has been taken under section 4, of section 6, to be restored to the person from whom possession was so taken, or(b)The last owner of the property in question died in the state and without leaving any known heir, that the claim preferred under sub-section (6) is not prima facie maintainable, that there is no such person entitled to claim such property and that it is a bona fide case of property vesting in the state as ultima heres under Article 296 of the Constitution of India, By escheats or as bona vacantia, for want or rightful owner, he shall apply to the court for a vesting order in respect of the property and for the custody thereof in the meanwhile:Provided that no application for restoration of such possession or fan vesting order shall be made until the time prescribed for preferring an appeal under section 7 has expired or until the appeal, if any, preferred has been disposed of.
