ADMINISTRATION OF EVACUEE PROPERTY ACT 1950 PDF

Short title and extent. References to enactments not in force in Part B States. Act to override other laws. Appointment of Custodian. Appointment of Custodians. Notification of evacuee property.

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Administration of Evacuee Property Act, 1. Short title and extent. References to enactments not in force in Part B States. Act to override other laws. Appointment of Custodians, etc. Notification of evacuee property. Property not to be declared evacuee property on or after 7th May, 8. Vesting of evacuee property in the Custodian. Power of Custodian to take possession of evacuee property vested in him. Powers and duties of the Custodian generally. Power to recover rent or damages in respect of evacuee property vested in the Custodian.

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. Maintenance of accounts by Custodian. Restoration of evacuee property. Exemption of evacuee property from processes of Court, etc.

Occupancy or tenancy rights not to be extinguished. Appeals from orders under Secs. Appeals from other orders. Powers of revision of Custodian-General. Finality of orders under this chapter. Penalty for failure to surrender possession of evacuee property. Penalty for wrongfully paying or receiving rents, etc. Penalty for concealing evacuee property. Penalty for false declaration in certain cases. Penalty for offences not expressly provided for.

Penalty for offences committed by Companies. Penalty for abetment. Offences to be cognizable. Procedure for prosecution. Offences may be tried summarily. Validity of transfer respecting property subsequently declared to be evacuee property. Transactions relating to evacuee property void in certain circumstances. Power to call for information.

Vesting of property in Custodian not affected by death of evacuee, etc 4. Certain officers to be public servants. Powers of the Custodian while holding inquiry. Jurisdiction of Civil Courts barred in certain matters. Protection of action taken in good faith. Recovery of certain sums as arrears of land revenue. Record to be public documents. Notice of suits to the Custodian.

Fees payable to the Custodian. Power to exempt Power to give directions. Power of the Central Government to take action with regard to evacuee property. Delegation of powers. Power to make rules. Temporary amendment of Sec. Repeals and savings- 1. Explanation III. Renumbered by Act 11 of Renumbered by Act 11 of , Sec. Omitted by Act 11 of , Sec. Renumbered by Act 42 of , Sec. 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.

Deputy or Assistant Custodians of Evacuee Property shall discharge the duties imposed on them by or under this Act under the general superintendence and control of the Custodian-General. Where the Custodian is of opinion that any property is evacuee property within the meaning of this Act, he may, after causing notice there to be given in such manner as may be prescribed to the persons interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee property.

Property not to be declared evacuee property on or after 7th May, 1[7-A. Property not to be declared evacuee property on or after 7th May, 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 foming part of India, and who on the 7th day of May, , was resident in Pakistan: Provided further that no notice under Sec.

Explanation I-A person shall be deemed to have been resident in Pakistan on the 7th day of May, , within the meaning of Cl. Explanation II. 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.

Omitted by Act 91 of , Sec. See now the Companies Act, 1 of Original Cl. With retrospective effect. 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 Sec.

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Administration of Evacuee Property Act,1950

FORM No. Short title. XXXI of Conditions of service of the Custodian-General and other officers.

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India: Act No. 31 of 1950, 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.

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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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