Administration of Evacuee Property (Central) Rules, 1950
Administration of Evacuee Property (Central) Rules, 1950
Administration of Evacuee Property (Central) Rules, 1950
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1. Short title
2. Definitions
3. Conditions of service of the Custodian General and other Officers
4. Omitted
5. Omitted
6. Manner of Inquiry under Sec 7
7. Notification of Evacuee Property under sub-section (3) of section
7
8. Notice to surrender possession under sub-section (4) of section 8
9. Procedure under Sec. 9
10. Mode of taking possession of immoveable property
11. Mode of taking possession of tangible moveable property
12. Mode of taking possession of other moveable property
13. Preparation of inventory of moveable property
14. Cancellation or variation of leases and allotments
15. Procedure for restoration of property
1 5 A . Procedure for making applications for grant of certificates
under Sec. 16
15AA. Certain applications for grant of a certificate under Sec. 16
may be entertained although made beyond time
15B. Classes of persons to whom certificates under Sec. 16 may be
granted
15C. Conditions subject to which certificates under Sec. 16 may be
granted
1 6 . Terms and conditions which a Custodian may impose while
making an order for restoration of property under Sec. 16
17. Omitted
18. Enquiries under Sec. 22 in pending cases
19. Omitted
20. Procedure for the confirmation of transfers under Sec. 40
20A. Application for obtaining previous approval under Sec. 40 in
respect of transfers
21. Omitted
22. Omitted
23. Management of trust properties
24. Leases of evacuee property
25. Method of payment of amounts due to the Custodian
26. Administration and other charges
27. Administration charges for moveable properties
28. Manner of service or publication of notice, summons or order
29. Omitted
30. Examination of witnesses
30A. Transfer of cases
31. Appeals, review and revisions
32. Fees
33. Basic record of property to be maintained in property section
34. Powers of managers
35. Fees for inspection and copies
36. Seal
37. Restitution
38. Receipts
39. Maintenance of records and registers
40. Personal deposit account to be closed
41. Payments
42. Omitted
43. Payment by Custodian
44. Monthly State,emt pf ad,omostratove cjarges
45. Omitted
46. Record of payments
47. Omitted
48. Omitted
49. Repeal
ADMINISTRATION OF EVACUEE PROPERTY (CENTRAL)
RULES, 1950
S.R.O. 811 dated 28th September, 1950.- In exercise of the
powers conferred by Sec. 56 of the Administration of Evacuee
Property Act, 1950 (No. 31 of 1950), the Central Government is
pleased to make the following Rules, namely:
1. Short title :-
In these Rules:
(a) "The Act" means the Administration of Evacuee Property Act,
1950 (Act No. 31 of 1950).
(d) All other terms and expressions used herein but not defined
shall have the meaning respectively assigned to them in the Act.
4. Omitted :-
(4) Where a notice has been duly served, and the party called upon
to show cause why the property should not be declared as evacuee
property, fails to appear on the date fixed for hearing, the
Custodian may proceed to hear the matter ex parte and pass such
order on the material before him as he deems fit.
(5) Where such party appears and contests the notice he shall
forthwith file a written statement verified in the same manner as a
pleading under the Code of Civil Procedure, 1908, stating the
reasons why he should not be deemed to be an evacuee and why
the property or his interest therein should not be declared as
evacuee property. Any person or persons claiming to be interested
in the enquiry or in the property being declared as evacuee
property, may file a reply to such written state- ment. The
Custodian shall then, either on the same day or on any subsequent
day to which the hearing may be adjourned, proceed to hear the
evidence, if any, which the party appearing to show cause may
produce and also evidence which the party claiming to be
interested as mentioned above may adduce.
(6) After the whole evidence has been duly recorded in a summary
manner, the Custodian shall proceed to pronounce his order. The
order shall state the points for determination, and the findings
thereon with brief reasons.
(2) The notification shall be in Form 2 and shall give full particulars
of the property regarding the location, municipal numbers, etc. In
case of agricultural land, it shall specify, as far as possible, its
khasra number and the village where it is situated. Any error or
irregularity in the drawing up or the publication of the notifica- tion
shall not be deemed to detract from the validity of such a
notification or other- wise afford a valid defence to claim of the
Custodian to the property as having vested in him.
(1) Where a notice has been duly served on the occupant or holder
of the property under rule 8 and the possession is not delivered as
required, the officer who issued the notice or any other officer not
below the rank of a Deputy Custodian, may issue a warrant of
eviction or seizure in Form 4. One copy of the warrant shall be
forwarded to the officer-in-charge of Police Station within the
territorial limits of which the property concerned is for the time
being, to be found or such other officer as may be in charge of
carrying out evictions or seizures, who shall forthwith take steps to
effect the eviction or seizure with the use of such force as may be
necessary.
(2) Where such property is, at the time aforesaid, in the possession
of one or more tenants or one or more lessees or licensees whom
the Custodian cannot eject or, for any reason, does not want to
eject, possession may be taken by serving on the tenants or the
lessees or the licensees a notice directing them to pay the rent or
the lease-money or the license fee, as the case may be, to the
Custodian or to any person authorised by him to receive such
payment. The notice may be served in any manner provided in rule
25. Where such property is an undivided share in joint property:
(1) The Custodian shall not ordinarily vary the terms of a lease
subsisting at the time he takes possession of immoveable property
or cancel any such lease or evict a person who is lawfully in
occupation of such property under a lease granted by the lessor
before he became an evacuee and not in anticipation of becoming
an evacuee unless the Custodian is satis- fied that the lessee has
done or omitted to do something which renders him liable to
eviction under any law for the time being in force.
1(3) The Custodian may cancel an allotment and evict the allottee
if he is satisfied that-
(i) where the allotment was made although the allottee owned no
agricultural land in Pakistan;
(ii) where the allottee has obtained land in excess of the area to
which he was entitled under the scheme of allotment of land
prevailing at the time of the allotment;
(5)
(i) all appeals and revision applications permissible under the Act
against such order have been Filed and the Custodian-General has
made a Final order in the case ; and
(ii) the application is made within sixty- days of the Final order of
the Custodian-General;
(2)
(a) any person who, on or after the 1st March, 1947, migrated from
India to
(b) any person who left for Pakistan before 15th October, 1952, on
a temporary visit taking with himself a "No objection to return"
certificate and-
(c) any person who has left or leaves for Pakistan on or after the
15th October, 1952, on a temporary visit taking with himself an
Indian Passport or emer- ency certificate, or certificate of identity
or, in the case of a seaman, a continuous discharge certificate
issued by a competent authority under any law regulating travel
between India and Pakistan and has returned or returns to India
during the period for which any such travel document was or is
valid;
(d) any person who came from Pakistan to India before the 18th
October, 1949, under a valid permit issued under the Influx from
Pakistan (Control) Act, 1949, as then in force, for permanent
resettlement in India: Provided that-
(ii) such person has not subsequently left for Pakistan except in the
circum- stances and subject to the conditions specified in Cl. (b) or
Cl. (c); and
(3) After a notice has been served on a person against whom any
proceedings are pending under Sec. 22 on the commencement of
the Administration of Evacuee Property (Amendment) Act, 1953
(11 of 1953), if the person fails to appear on the date specified in
the notice the Custodian shall proceed to give the findings exparte.
(4) If the party appears and puts in objections, his objections shall
be decided after giving him a reasonable opportunity of adducing
evidence in support of his objections. The Custodian may, in his
discretion, allow any other party to produce evidence in rebuttal of
such evidence and may himself call such evidence as he deems Fit.
(5) After hearing all the evidence, the Custodian shall proceed to
pronounce his order.]
19. Omitted :-
(e) The consideration agreed upon for the transfer of the property.
21. Omitted :-
(1) Rents, rates, lease money, sale proceeds and other amounts
payable to the Custodian in respect of evacuee property under the
Act or under these rules shall be tendered in cash or postal money
order to the Cashier in the office of the Custodian or to any other
person who may be authorised by the Custodian in this behalf to
receive such money.
29. Omitted :-
(1) On the application of any of the parties and after notice to the
parties and after hearing such of them as desired to be heard or of
his own motion and without such notice, the Custodian General or
the Custodian may at any stage of any proceeding pending before
any officer subordinate to him withdraw it to himself and-
(iii) re-transfer the same for trial or disposal to the officer from
whom it was withdrawn.
(2) Where any case has been withdrawn under sub-rule (1), the
officer who thereafter tries such case may, subject to any special
direction in the case of any order of transfer, either retry it, or
proceed from the point at which it was transferred or withdrawn.]
31. Appeals, review and revisions :-
(1) All appeals under the Act shall, when they lie to 1[* * * *] the
Custodian, be filed within thirty days of the date of the order
appealed against and when they lie to the Custodian General,
within sixty days of such date.
(3) Every petition shall state succinctly the grounds on which the
order appealed from is attacked and shall be accompanied by a
copy of such order unless the appellate authority dispenses with
such copy.
4(6)* * * *.]
(b) the provisions of Section 5 of the said Act shall, so far as they
are applicable, apply to all petitions of appeal or revision, and shall
be deemed to have applied to all such petitions made during the
period commencing on the 5th day of June, 1956 and ending on
the 29th day of September, 1956: Provided that where in respect
of any appeal or revision application made to the Custodian or any
officer subordinate to him any question arises whether the
provisions of Section 5 of the said Act should be applied, the
question shall be referred to the Custodian-General whose decision
thereon shall be final.
2[* * * *]
(II) Petitions-
For revision when made to the Custodian-General 10.00
(III)) Applications-
(i) Any application under Sec. 16 for restoration of 10.00
(i) Any application under Sec. 16 for restoration of 10.00
property
(ii) Any application under Sec. 40 for confirmation
of transfer-
(a) Where the consideration for transfer does 2.00
not exceed Rs. 1,000.
(2) Any person interested in any evacuee property may, with the
permission of the Custodian, inspect the record relating to such
property on payment of fee of Rs. 2. Any person interested in any
original case appeal, revision or review pending before the
Custodian-General, or any Custodian may, with the permission of
such officer, inspect the record of such case on payment of a similar
fee.
(4) The fees payable under this rule may be paid in a manner as
the Central Government may from time to time determine.
36. Seal :-
The Custodian General and the Custodian shall have a seal which
will bear the words Custodian General/Custodian of Evacuee
Property.
37. Restitution :-
1 [The Custodians will keep a separate account in Form No. 25-A of the amounts
deposited in the Treasury in favour of the Pay and Accounts Officer. A copy of this
account will be sent to the latter at the end of every month, duly verified by the
Treasury Officer. The figures appearing in this account shall be reconciled with
those of the Pay and Accounts Officer, monthly.]
1. Subs. by Notification S.O. 2102, dated 25th September, 1958
41. Payments :-
The total monthly debits and credits in each ledger account shall be
entered in a register in Form No. 28, any difference between the
total credits and debits as per this register shall be agreed with the
difference of total receipts and payments posted in the classified
abstract in respect of the deposit head.
Note:- A certificate that the balances in the Personal Ledger
Account of the evacuee have been reconciled with the cash in hand
plus the amount shown in the treasury column of the cash book
(vide rule 40 and with the classified abstract as provided above)
shall be submitted by the end of month following that to which the
accounts relate to the Ministry of Rehabilitation, Government of
India, through the Custodian- General.
5 [* * * *]