ARTICLE 296, 297 OF CONSTITUTION OF INDIA 1949

What is the Property accruing by escheat or lapse or as bona vacantia? What is the meaning of Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union? Article 296 and 297 of Constitution of India, 1949

Property accruing by escheat or lapse or as bona vacantia and Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union are defined under Article 296 and 297 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 296 of Constitution of India "Property accruing by escheat or lapse or as bona vacantia"

Subject as hereinafter provided any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:

Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or a State, vest in the Union or in that State.

Explanation.- In the article, the expressions "Ruler" and "Indian State" have the same meanings as in Article 363.

Article 297 of Constitution of India "Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union"

(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.

(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.

(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.

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