Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 3] [Entire Act]

State of Odisha - Section

Section 6 in The Orissa Escheats Act, 1979

6. Taking charge.

(1)When the Custodian, on any report or on his own information and after making such enquiry as may be prescribed, is satisfied that this Act applies to any property, he may take charge of such property.
(2)The enquiry under Sub-section (1) shall be of a summary nature and for the purposes of such enquiry the Custodian may summon and examine on oath any person and may compel production of any document or thing.
(3)Unless otherwise prescribed, charge may be taken in the following manner, namely :
(a)in case of immovable property, a notice shall be served on the person, if any, in possession of the property and where such person refuses or evades notice or cannot be found, it shall be served by affixture on the property;
(b)in case of movable property, the notice shall be served on the person, if any, in possession of the property or may be affixed at his place of residence or business, if any.
(4)Notwithstanding the provisions of Sub-section (3)-
(a)the Custodian, when such action seems to him to be appropriate, publish the notice in any newspaper approved by the Board of Revenue or in the Official Gazette or by proclamation in the locality where the property is situate in the prescribed manner, and such publication shall be deemed to be sufficient for ail purposes; and
(b)where the property is of a perishable nature the Custodian may, for reasons to be recorded in writing, dispense with the notice under Sub-section (3) or with the publication of the notice under Clause (a) and may dispose of the property by public auction and keep the proceeds in deposit and may deal with such deposit as if it were property taken charge of under this section.
(5)On service of a notice under Sub-section (3) or on its publication under Sub-section (4)-
(i)it shall be lawful for the Custodian to enter into possession and to assume the management of the property and also to make or cause to be made an inventory of the properties of the deceased;
(ii)any person in possession of the property shall deliver the same to the Custodian ;
(iii)no transfer of the property by sale, gift or otherwise shall be made nor shall any encumbrance be created in respect thereof ; and
(iv)the Custodian shall have authority to realise the rents, profits and income of the property, to let it out, to grant a lease in respect thereof or to invest it in accordance with the rules framed in that behalf :
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 Custodian.