The Constitution of India
Property accruing by escheat or lapse or as bona vacantia
- Jurisdiction
- India
- Provision
- 296
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceprovided, 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 of a State, vest in the Union or in that
State.
Explanation:- In this article, the expressions “Ruler” and “Indian State” have the same
meanings as in article 363.
179 THE CONSTITUTION OF INDIA
(Part XII. - Finance, Property, Contracts And Suits)
1
[297. 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.]
2
[298. Power to carry on trade, etc.:- The executive power of the Union and of each State
shall extend to the carrying on of any trade or business and to the acquisition, holding and
disposal of property and the making of contracts for any purpose:
Provided that—
(a) the said executive power of the Union shall, in so far as such trade or business
or such purpose is not one with respect to which Parliament may make laws, be subject
in each State to legislation by the State; and
(b) the said executive power of each State shall, in so far as such trade or business
or such purpose is not one with respect to which the State Legislature may make laws,
be subject to legislation by Parliament.]
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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