Chapter III Chapter III

Abandoned Property

Any property lying in the State of Goa abandoned by its rightful owner shall belong to the Government.

Whenever the Competent Authority finds or receives information from any source that any property lying within his jurisdiction has been abandoned by its rightful owner, he shall cause an inquiry to be made to ascertain whether there is any legal claimant to such property.

1. (1) If, as a result of the inquiry under section 12, the Competent Authority is satisfied that there is a prima facie case of abandonment of the property by the rightful owner thereof, he shall publish a notice, in the Gazette and in two local newspapers having wide circulation in the State and two local newspapers in regional language, and one copy of such notice shall also be displayed on the notice board of the concerned Village Panchayat/Municipal Council/Municipal Corporation within the local limits of whose jurisdiction such property is lying, calling upon all persons who may have any claim to such property to appear before him and to prefer claim within a period of one year from the date of publication of such notice.
2. (2) The provisions of sections 6, 7, 8, 9 and 10 shall mutatis and mutandis apply in case of abandoned property. CHAPTER-IV Unclaimed Property

Any article found in a public place, the owner of which is not known, shall be taken charge of by any police officer who shall send them for disposal to the Competent Authority.

1. (1) The Competent Authority shall publish a notice in the Gazette inviting claimants to prefer claims to the article sent to him by the police under section 14 within a period of one year from the date of publication of such notice.
2. (2) Nothing contained in sub-section (1) shall prevent the Competent Authority from disposing of any perishable articles, which come into his possession, at any time, either before or after the publication of the notice under sub-section (1).
3. (3) The article referred to in sub-section (2) shall be sold in public auction in such manner as prescribed, and the proceeds of the sale shall be handed over to the rightful claimants after deducting the expenses of the sale or credited to the Government treasury, if no claim is preferred within the period specified in sub-section (1).

If no claim is preferred within the period specified in subsection (1) of section 15, the Competent Authority shall pass an order forfeiting the articles, other than those dealt with under the sub-section (2) of the said section, to the Government, and the articles shall thereupon be sold in public auction in such manner as prescribed, and the sale proceeds credited to the Government treasury.

If a claim is preferred within the time allowed and it is not contested, the article shall be handed over to the Government.

1. (1) In the case of a contested claim, the Competent Authority shall investigate the claim by taking on record all evidence produced by the claimant and he shall decide the case within a period of four months from the date of receipt of the claim, after such inquiry as he deems fit to make, and issue notice of the decision to the parties concerned.
2. (2) Inquiry to be conducted by the Competent Authority under sub-section (1) shall be of summary nature and for the purpose of such inquiry the Competent Authority may summon and examine on oath any person and may compel production of any document or thing. The decision of the Competent Authority under sub-section (1) shall be final: Provided that nothing contained in this section shall prevent the Competent Authority from disposing

of any perishable articles which come into his possession by public auction in the manner prescribed, at any time before the decision on the claim, and if the claimant is successful in proving his claim, the sale proceeds shall be handed over to the claimant.

CHAPTER-V Miscellaneous

The Competent Authority shall cause to be kept and maintained a register in which shall be entered all the particulars of such item of every property to which this Act applies and also, in the case of any such property having been sold under this Act, the amount of sale proceeds thereof.

1. (1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (a) the superintendence and disposal of escheats and abandoned property;
   • (b) the manner in which property shall be managed by the Government;
   • (c) the procedure to be observed in public auctions under this Act;
   • (d) any other matter which has to be, or may be, prescribed.
3. (3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session.

1. (1) No suit, prosecution or other legal proceedings shall lie against any officer/ employee of the Government for anything which is in good faith done or intended to be done under this Act or any rules made thereunder.
2. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provision contained

in this Act or any rules made thereunder or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument or in any decree or order of any court or other authority having effect by virtue of any law other than this Act.

If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiration of a period of two years from the date of commencement of this Act.

1. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of Goa. Secretariat, Porvorim, Goa. Date: 10-10-2024. SANDIP JACQUES Secretary to the Government of Goa, Law Department (Legal Affairs).