ADMINISTRATION OF EVACUEE PROPERTY ACT 1950 PDF

Explanation 3. Provided further that no notice under Section 7-for declaring any property to be evacuee property with reference to Clause b of the preceding proviso shall be issued after the expiry of six months from the commencement of the Administration of Evacuee Property Amendment Act, Explanation I. Explanation II. Explanation III. The 25[Central Government] shall cause the accounts maintained under this section to be inspected and audited at such intervals and by such persons as may be prescribed.

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Short title and extent. In this Act, unless the context otherwise requires,-- a " allotment" means the grant by a person duly authorized in this behalf of a right of use or occupation of any immovable evacuee property to any other person, but does not include a grant by way of lease; b " Custodian- General" means the Custodian- General of Evacuee Property in India appointed by the Central Government under section 5; c " Custodian" means the Custodian for the State, and includes any Additional, Deputy or Assistant Custodian of Evacuee Property appointed in that State; d " evacuee" means any person,-- i who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances, leaves or has, on or after the 1st day of March, , left, any place in a State for any place outside the territories now forming part of India, or 1.

Re- numbered by s. Explanation III. Act to override other laws. The Central Government may, by notification in the Official Gazette, appoint a Custodian- General and as many Deputy and Assistant Custodians- General as may be necessary for the purpose of discharging the duties imposed upon the Custodian- General and the Deputy and Assistant Custodians- General by or under this Act.

Appointment of Custodians, etc. Notification of evacuee property. Notwithstanding anything contained in this Act, no property shall be declared to be evacuee property on or after the 7th day of May, : Provided that nothing contained in this section shall apply to-- a any property in respect of which proceedings are pending on the 7th day of May, for declaring such property to be evacuee property; and b the property of any person who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances had left on or after the 1st day of March, , any place now forming part of India, and who on the 7th day of May, , was resident in Pakistan: Provided further that no notice under section 7 for declaring any property to be evacuee property with reference to clause b of the preceding proviso shall be issued after the expiry of six months from the commencement of the Administration of Evacuee Property Amendment Act, 42 of Explanation I.

Explanation II. Vesting of evacuee property in the Custodian. Power of Custodian to take possession of evacuee property vested in him. If any person in possession of any evacuee property refuses or fails on demand to surrender possession thereof to the Custodian or to any person duly authorized by him in this behalf, the Custodian may use or cause to be used such force as may be necessary for taking possession of such property and may, for this purpose, after giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose.

Powers and duties of the Custodian generally. See now the Companies Act, 1 of Certain words omitted by Act 91 of , s. Original cl. Provided that no such acquisition shall be made except with the previous approval of the Custodian- General;] q delegate, by general or special order, all or any of his functions under this Act to such officers or persons as he thinks fit. Proviso to cl. Special provisions with respect to certain trust properties. Power to vary or cancel leases or allotments of evacuee property.

Payments to Custodian to be valid discharge. Recouping of expenditure by Custodian. Any expenditure incurred by the Custodian in the exercise of any power conferred by or under this Act shall, in relation to any evacuee property in respect of which it has been incurred, be a charge on such property and shall, subject to the provisions of section 51, have priority over all other charges on the property, and such expenditure may be met or recouped by the Custodian out of the income accruing from such property or the sale proceeds thereof.

Maintenance of accounts by Custodian. Restoration of evacuee property. Any person aggrieved by an order made under section 7, section 40 or section 48 may prefer an appeal-- a to the Custodian, where the original order has been passed by a Deputy or Assistant Custodian and the amount or the value of the property which is the subject- matter of the order does not exceed two thousand rupees; b to the Custodian- General, in any other case.

Effect of repeal of Chapter IV. Powers of revision of Custodian- General. Finality of orders under this Chapter. Save as otherwise expressly provided in this Chapter, every order made by the Custodian- General, 4 Custodian, Additional Custodian, authorized Deputy Custodian, deputy Custodian or Assistant Custodian shall be final and shall not be called in question in any Court by way of appeal or revision or in any original suit, application or execution proceeding.

The words" District Judge or" omitted by Act 91 of , s. Sub- sections 1A , 2 and 3 omitted by s. The words" District Judge" omitted by Act 91 of , s. Penalty for causing damage to evacuee property.

Any person who wilfully destroys or causes damage to any evacuee property or unlawfully converts it to his own use shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. Penalty for offences not expressly provided for. Any person who contravenes any provision of this Act or of any rule or order made thereunder, or obstructs the lawful exercise of any power conferred by or under this Act, or makes default in complying with any requirement of this Act or of any rule or order made thereunder, shall, if no express provision is made by this Act for punishment of such contravention, obstruction or default, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Penalty for abetment. Any person who abets any of the offences punishable under this Act shall be punishable with the punishment provided for the offence.

Offences to be cognizable. Notwithstanding anything contained in the Code of Criminal Procedure, 5 of , all offences under this Act shall be cognizable. Procedure for prosecution. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the 1 Central Government] or of any officer authorized in this behalf, by general or special order, by the 1 Central Government]. Offences may be tried summarily.

Any magistrate empowered to try in a summary way the offences specified in sub- section 1 of section of the Code of Criminal Procedure, 5 of , may, if an application is made in this behalf by the complainant and the Magistrate thinks fit, try any offence under this Act in accordance with the provisions contained in sections to of that Code, but nothing contained in sub- section 2 of section of that Code shall apply to any such trial.

The words" or does not leave" omitted by Act 91 of , s. Provided that in the case of a transfer made before the commencement of the Administration of Evacuee Property Amendment Act, 11 of , the transferor had not left India for Pakistan before such commencement, notwithstanding that a period of two years had already elapsed before such commencement; c where the transfer is made after the commencement of the Administration of Evacuee Property Amendment Act, 11 of Transactions relating to evacuee property void in certain circumstances.

Subject to the other provisions contained in this Act, every transaction entered into by any person in respect of property declared or deemed to be declared to be evacuee property within the meaning of this Act, shall be void unless entered into by or with the previous approval of the Custodian. The Custodian may, for the purpose of securing, administering, preserving and managing nay evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act, require any person to submit to him such accounts, books or other documents or to furnish to him such information relating to any evacuee property as he may reasonably think necessary.

Vesting of property in Custodian not affected by death of evacuee, etc. Where in pursuance of the provisions of this Act any property has vested in the Custodian, neither the death of the evacuee at any time thereafter nor the fact that the evacuee who had a right or interest in that property had ceased to be an evacuee at any material time shall affect the vesting or render invalid anything done in consequence thereof.

Certain officers to be public servants. The Custodian- General, the Custodian and every other person duly appointed to discharge any duties imposed on them by this Act or the rules or orders made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 45 of Powers of the Custodian while holding inquiry.

For the purposes of holding any inquiry under this Act, custodian shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 5 of Sub- section 8 omitted by Act 91 of , s.

Original s. Jurisdiction of Civil Courts barred in certain matters. Save as otherwise expressly provided in this Act, no Civil or Revenue Court shall have jurisdiction-- a to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not evacuee property; or 1 c to question the legality of any action taken by the Custodian- General or the Custodian under this Act; or d in respect of any matter which the Custodian- General or the Custodian is empowered by or under this Act to determine.

Protection of action taken in good faith. Record to be public documents. All records prepared or registers maintained under this Act shall be deemed to be public documents within the meaning of the Indian Evidence Act, 1 of , and shall be presumed to be genuine until the contrary is proved. Notice of suits to the Custodian. Fees payable to the Custodian. The Central Government may, by notification in the Officer Gazette, declare that all or any of the provisions of this Act or of the rules made thereunder shall not apply, or shall be deemed never to have applied, or shall cease to apply, or shall apply only with such 1.

Power to give directions. The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions contained in this Act or of any rules or orders made thereunder.

Power of Central Government to take action with regard to evacuee property. The central Government may, for the purpose of regulating the administration of any property which has vested in the Custodian under the provisions of this Act, pass such order or direct such action to be taken in relation thereto as, in its opinion, the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act.

Delegation of powers. Power to make rules. Original sub- section 2 was omitted by Act 91 of , s. II, Sec. Temporary amendment of section 54 of the Indian Income- tax Act, During the continuance of this Act, sub- section 3 of section 54 of the Indian Income- tax Act, 11 of , shall have effect as if after clause o thereof, the following clause had been inserted, namely" p of any such particulars to the Custodian of evacuee property appointed under the Administration of Evacuee property Act, 31 of , for the purpose of enabling him to discharge the duties imposed upon him by or under the said Act".

Sub- section 3 omitted by Act 91 of , s.

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Administration of Evacuee Property Act,1950

Short title and extent. In this Act, unless the context otherwise requires,-- a " allotment" means the grant by a person duly authorized in this behalf of a right of use or occupation of any immovable evacuee property to any other person, but does not include a grant by way of lease; b " Custodian- General" means the Custodian- General of Evacuee Property in India appointed by the Central Government under section 5; c " Custodian" means the Custodian for the State, and includes any Additional, Deputy or Assistant Custodian of Evacuee Property appointed in that State; d " evacuee" means any person,-- i who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances, leaves or has, on or after the 1st day of March, , left, any place in a State for any place outside the territories now forming part of India, or 1. Re- numbered by s. Explanation III. Act to override other laws. The Central Government may, by notification in the Official Gazette, appoint a Custodian- General and as many Deputy and Assistant Custodians- General as may be necessary for the purpose of discharging the duties imposed upon the Custodian- General and the Deputy and Assistant Custodians- General by or under this Act. Appointment of Custodians, etc.

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Administration of Evacuee Property (Central) Rules,1950

The latest aendment included her was Act No. UNHCR is not responsible for, nor does it necessarily endorse, its content. It was not possible for such people to make any satisfactory arrangement for the management of the property left behind by them. Act XIV of This Act, with certain modifications, was extended to Delhi and Ajmer-Merwara. It was, however, felt that there should be uniform legislation relating to evacuee property throughout India, except Assam, West Bengal, Manipur, Tripura and Cooch-Behar, where the problems are slightly different. By an amendment of the Government of India Act, , the custody, management and disposal of evacuee property was made a subject in the Concurrent Legislative List.

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