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25 1954

STATE PROPERTY ACT, 1954

PART III.

Rights and Prerogatives belonging to the people in relation to property, escheat and bona vacantia.

Exercise of rights and prerogatives belonging to the People.

27. —Every right and every prerogative which, by virtue of Article 49 of the Constitution, belong to the People and relate to any property (including choses-in-action) shall be exercised by the Government through and by the Minister.

Devolution of property of dissolved body corporate.

28. —(1) In this section “body corporate” does not include a body corporate dissolved by an enactment wherein it is provided that the property of that body corporate shall, on such dissolution, vest in some other person.

(2) Where a body corporate is dissolved, either before, on or after the operative date, the following provisions shall apply and have effect and, in the case of a body corporate dissolved before the operative date, be deemed to have applied and to have had effect as from such dissolution, that is to say:—

(a) all land which was vested in or held in trust for such body corporate immediately before its dissolution (other than land held by such body corporate upon trust for another person) shall, immediately upon such dissolution, become and be the property of the State, subject however to any incumbrances or charges affecting the land immediately before such dissolution,

(b) all personal property (excluding chattels real but including choses-in-action) which is vested in or held in trust for such body corporate immediately before its dissolution (other than personal property held by such body corporate upon trust for another person) shall, immediately upon such dissolution become and be State property.

(3) Subsection (2) of this section shall have effect subject and without prejudice to any order made by a court under section 223 or subsection (6) of section 242 of the Companies (Consolidation) Act, 1908.

Vesting of certain personal property belonging to the State in the Minister.

29. —(1) In this section “personal property” does not include chattels real, but includes choses-in-action.

(2) On the operative date all personal property which became, before the operative date, the property of the State as bona vacantia or by virtue of section 28 shall, by virtue of this subsection, stand vested in the Minister.

(3) Where any personal property becomes on or after the operative date the property of the State as bona vacantia or by virtue of section 28, such personal property shall, upon so becoming the property of the State, vest in the Minister.

Determination of claims by the State to certain property.

30. —(1) Whenever the Minister claims that any property (including land) has devolved upon the State by way of escheat or has become the property of the State as bona vacantia or by virtue of section 28, the Minister may, if he so thinks fit, apply to the High Court for an order declaring (as the case may require) that such property has so devolved upon the State or that such property has so become the property of the State.

(2) Every application to the High Court under subsection (1) of this section shall in the first instance be made ex parte and the High Court shall thereupon give such directions as it thinks proper in regard to service or publication of notice of such application and shall not finally determine such application unless or until the directions so given have been complied with and such time as the Court shall consider reasonable in the circumstances has elapsed since such compliance.

(3) An order made by the High Court on an application under this section declaring that any particular property has devolved upon the State by way of escheat or has become the property of the State by way of bona vacantia or by virtue of section 28 shall (subject to appeal to the Supreme Court) be conclusive evidence binding on all persons whatsoever (whether they had or had not notice of such application) that the said property has so devolved upon or so become the property of the State in accordance with such declaration.

Waiver of rights of the State to certain property.

31. —Whenever, either before, on or after the operative date, any property of whatsoever nature or kind devolves upon the State by way of escheat or becomes the property of the State as bona vacantia or by virtue of section 28, the Minister may, if he thinks proper so to do, waive, in whole or in part and in favour of such person and upon such terms (whether including or not including the payment of money) as he thinks proper having regard to all the circumstances of the case, the right of the State to such property.

Disclaimer of certain land devolving on the State by way of escheat or as bona vacantia.

32. —(1) Where on or after the operative date the grantee's interest under a fee farm grant (in this subsection referred to as the fee farm interest) devolves on the State by way of escheat, the Minister may, by warrant under his official seal, disclaim, on behalf of the State, the right of the State to the fee farm interest, and thereupon the following provisions shall have effect, that is to say—

(a) the liability of the State to pay, in respect of any period commencing on or after the date of the warrant, the rent reserved by the fee farm grant shall cease;

(b) the warrant shall operate to vest the fee farm interest in the same persons, for the same estates and interests and subject to the same uses, trusts, provisos and agreements as the grantor's interest under the said fee farm grant was vested in and subject to immediately before the date of the said warrant.

(2) Where on or after the operative date the lessee's interest under a lease (in this subsection referred to as the leasehold interest) becomes the property of the State as bona vacantia, the Minister may, if he thinks fit, by warrant under his official seal disclaim, on behalf of the State, the right of the State to the leasehold interest, and thereupon, the following provisions shall have effect, that is to say—

(a) the liability of the State to pay, in respect of any period commencing on or after the date of the warrant, the rent reserved by the lease shall cease;

(b) the warrant shall operate to vest the leasehold interest in the same persons, for the same estates and interests and subject to the same uses, trusts, provisos and agreements as the reversion expectant on the said lease was vested in and subject to immediately before the date of the said warrant or, if the said reversion is an estate of inheritance in fee simple, as near thereto as the different natures of the leasehold interest and the said reversion will admit.

(3) Where—

(a) the Minister disclaims by warrant under this section the right of the State to the grantee's interest under a fee farm grant or the lessee's interest under a lease, and

(b) such interest was at the date of the warrant subject to any charges, incumbrances or claims (other than under the said fee farm grant or lease),

such interest shall, on and after the said date, continue to be so subject.