Administration of Evacuee Property (Central) Rules, 1950

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ADMINISTRATION OF EVACUEE PROPERTY (CENTRAL)


RULES, 1950
CONTENTS

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 :-

These Rules may be called the Administration of Evacuee Property


(Central) Rules, 1950.
2. Definitions :-

In these Rules:
(a) "The Act" means the Administration of Evacuee Property Act,
1950 (Act No. 31 of 1950).

(b) "Form" means a form appended to these Rules.

(c) "Section" and "sub-section" mean, respectively, a section and a


sub-section of the Act.

(d) All other terms and expressions used herein but not defined
shall have the meaning respectively assigned to them in the Act.

3. Conditions of service of the Custodian General and other


Officers :-

(1) The Custodian General and all Officers appointed by or under


him, shall, subject to any special contract to the contrary, be
governed by the Central Civil Service Rules applicable to the class
of officers to which the Custodian General or such officers belong.

(2) If any question arises as to the class of officers to which the


Custodian General or any such officer belongs the decision of the
Central Government thereon shall be final.

4. Omitted :-

The Central Government may appoint as many Deputy and


Assistant Custodians General as it may deem necessary to assist
the Custodian General in the discharge of his functions. Such
Deputy and Assistant Custodians General shall perform such
functions as the Custodian General may assign to them.
5. Omitted :-

xxx xxx xxx


6. Manner of Inquiry under Sec 7 :-

(1) Where the Custodian is satisfied from information in his


possession or otherwise that any property or an interest therein is
prima fade evacuee property, he shall cause a notice to be served,
in Form No. 1, on the person claiming title to such property or
interest and on any other person or persons whom he considers to
be interested in the property.
(2) The notice shall, as far as practicable, mention the grounds on
which the property is sought to be declared evacuee property and
shall specify the provision of the Act under which the person
claiming any title to, or interest in, such property is alleged to be
an evacuee.

(3) The notice shall be served personally, but if that is not


practicable, the rule 28.

(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.

7. Notification of Evacuee Property under sub-section (3) of


section 7 :-
(1) The Custodian, after holding such enquiry, as he deems fit and
on being satisfied that a particular property is evacuee property,
shall notify the same in the Official Gazette or in any local
newspaper or on the notice board kept for that purpose in his
office. In the last mentioned case, the Custodian may, in addition,
cause a copy of the notification to be affixed on the evacuee
property.

(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.

(3) A list of all such evacuee property brought up-to-date in each


State shall be published once a year, in the official Gazette or in
such other manner as the Custodian deems fit.

8. Notice to surrender possession under sub-section (4) of


section 8 :-

(1) On the publication of a notification under rule 7 a notice in


Form 3 demanding surrender of possession may be served on the
occupant or holder of evacuee property, calling upon him to
surrender possession to the Custodian or a person authorised by
him in this behalf within the time specified in the notice, provided
that in any emergent case, the Custodian may require the occupant
to give up possession immediately and the premises may be sealed
at once.

(2) A notice under sub-rule (1) shall be signed by an officer not


below the rank of Assistant Custodian.
9. Procedure under Sec. 9 :-

(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) Every police officer to whom a warrant of eviction or seizure is


sent for execution shall submit a weekly report to the Deputy
Superintendent of Police having jurisdiction and a copy thereof to
the Custodian, giving details of number of warrants entrusted to as
well as executed by him together with such other particulars as
may be necessary.

(3) A register of warrants shall be maintained by the Custodian and


such register shall contain the following particulars:-

(a) Name of owner.

(b) Description of property.

(c) Name of the person against whom the warrant is to be


executed.

(d) Date of issue and service of surrender notice.

(e) The Final result.


(4) The Custodian, the Additional Custodian or the Authorised
Deputy Custodian of his own motion or on the motion of the party
aggrieved, may stay any eviction proceeding pending disposal of
the appeal against the order declaring the property to be evacuee
property.

10. Mode of taking possession of immoveable property :-

(1) Where, any evacuee property, which vests in the Custodian, is


in the possession of either the evacuee himself or any other person,
whether holding on behalf of or under, the evacuee or otherwise,
but having no lawful title to the possession of such property
enforceable against the Custodian, possession may be taken by
evicting the person in possession of such property in accordance
with the manner provided in the Act and these rules.

(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:

(a) If under some arrangement inter se the co-sharer, the evacuee


was in separate possession of any part of the joint property,
possession may be taken of such part in accordance with the
manner provided in sub-rule (1) or sub-rule (2), whichever is
applicable.

(b) In any other case, constructive possession may be taken by


affixing a copy of the warrant for possession on a conspicuous part
of the property, and if considered necessary by proclamation, by
beat of drum in the locality in which the property is situated:
11. Mode of taking possession of tangible moveable
property :-

Where the property to be taken possession of is tangible moveable


property, possession may be taken by actual seizure and after such
seizure the Custodian may either keep the property in his own
custody or entrust it to a supurdar on the latter furnishing security
in Form No. 5. Provided that where the property is subject to
speedy or natural decay or the expense of keeping it is likely to be
out of proportion to its value, the Custodian may sell it forthwith.
12. Mode of taking possession of other moveable property :-

(1) Where property to be taken possession of is a debt or a legacy


or interest payable on a debt or a legacy, possession may be taken
by serving the party liable with a notice, requiring such party to
pay the same to the Custodian or any other person authorised by
him to receive the payment.

(2) Where such property is a share in a joint-stock-company, not


being a joint- stock-company referred to in sub-clause (2) (ii) of
clause (f) of Section 2 of the Act, possession may be taken by
informing the principal officer of such company that the share has
vested in the Custodian.

(3) Where such property consists of Government or other securities,


stock, or debentures, possession may be taken by serving upon the
appropriate authority a notice requiring such authority to make all
payments in respect of such securities, stock, or debentures to the
Custodian or any other person authorised by him in this behalf.

(4) Where such property is a running business or a share in such


business) the Custodian may take possession of the stock-in-trade
and other assets of the business and may further take such steps
as he considers necessary either for the continuance or for the
winding-up of such business.
13. Preparation of inventory of moveable property :-

W here the Custodian takes possession of any moveable property


includ ing any stock-in-trade or plant or machinery or any
undertaking, he shall cause an inventory to be prepared of the
property in Form No. 6, in triplicate, in the presence of not less
than two residents of the locality. The inventory shall be signed by
the person by whom it was prepared and each of the two witnesses
and shall be countersigned by the Custodian. One copy of the
inventory shall be made over to the supuidar (if any) and two
copies shall be retained by the Custodian.
14. Cancellation or variation of leases and allotments :-

(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.

(2) In case of a lease or allotment granted by the Custodian


himself, the Custodian may evict a person on any ground justifying
eviction of a tenant under any law relating to the Control of Rents
for the time being in force in the State concerned, or for any
violation of the conditions of the lease or the allotment.

1(3) The Custodian may cancel an allotment and evict the allottee
if he is satisfied that-

(i) the allottee has secured the allotment by misrepresentation or


fraud; or

(ii) the allottee is in possession of more than one evacuee property


of the same kind, that is to say, more than one residential
premises, more than one business premises or more than one
industrial premises; or

(iii) the allottee is in occupation or accommodation which, in the


opinion of the Custodian, is in excess of the requirement of the
allottee; or

(iv) the allottee or any person, normally residing with him or


dependent on him, has built a house or otherwise acquired
residential accommo- dation; or

(v) the allottee or any person, normally residing with him or


dependent on him, has been granted by the Government a plot of
land for constructing a house thereon; or

(vi) the allottee has obtained gainful employment in a place other


than the place where the evacuee property allotted to him is
situate :

(a) if the allottee or a person normally residing with him or


dependent on him has let out his house or other residential
accommodation referred to in Cl. (iv), unless the allottee has been
served with a notice for a period of not less than three months ;

(b) if the allottee or a person normally residing with him or


dependent on him has failed to construct a house on the plot of
land allotted to him, unless the allottee has been served with a
notice for a period of not less than six months.]

(4) Before cancelling, or varying the terms of a lease or before


evicting any lessee the Custodian shall serve the person or the
persons concerned with a notice to show cause against the order
proposed to be made and shall afford him a reasonable opportunity
of being heard.

(5) Nothing in this rule shall be deemed to abridge or limit the


power of the Custodian to cancel, or vary the terms of a lease
relating to evacuee property, or to evict a lessee of such property
where he is of the opinion that, for reasons to be recorded in
writing it is necessary or expedient to do so for the preservation, or
the proper administration or the management of such property or
for carrying out any other object of the Act.

2[ ( 6 ) Notwithstanding anything contained in this rule, the


Custodian of Evacuee Property in the 3[State of Punjab] shall not
exercise the power of cancelling any allot- ment of rural evacuee
property on a quasi-permanent basis, or varying the terms of any
such allotment except in the following circumstances:

(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;

4[(iii) where the allotment is to be cancelled or varied-

(a) in accordance with an order made by a competent authority


under S.8 of the East Punjab Refugees (Registration of Land
Claims) Act, 1948;

(b) on account of the failure of the allottee to take possession of


the allotted evacuee property within six months of the date of
allotment;

(c) in consequence of a voluntary surrender of the allotted evacuee


property or a voluntary exchange with other available rural evacuee
property, or a mutual exchange with such other available property;

(d) in accordance with any general or special order of the Central


Government:]

Section 26 5 [ or Section 27 ] of the Act, within the prescribed time against an


order passed by a lower authority or before 22nd July 1952)].
1. Subs. by Notification S.R.O. 1673, dated 21st May, 1954
2. Subs. by Notification S.R.O. 1290, dated 22nd July, 1952.
3. Subs. by Notification S.R.O. 667, dated 20th February, 1957.
4. Subs. by Notification S.R.O. 351, dated 13th February, 1953.
5. Subs. by Notification S.R.O. 667, dated 20th February, 1957.

15. Procedure for restoration of property :-

(1) An application for restoration of evacuee property shall be made


to the Central Government or to any person authorised by the
Central Government in this behalf.

(2) The application shall contain the names of the persons


interested in the property sought to be restored and the facts on
which the claim for restoration is based.

(3) The application shall be verified in the same manner as a plaint


under the Code of Civil Procedure, 1908.

(4) Before any order is made on the application, the Central


Government or the authorised person, as the case may be, shall
cause an inquiry to be held through the Custodian-General or the
Custodian or any other person.

(5)

(a) On receipt of the application, the Central Government or the


authorised person, as the case may be, shall cause a notice of the
application to be given to the party or parties named in the
application and any other person who may otherwise appear to be
interested in the property or the proceedings.

(b) A public notice of the application shall also be issued in a local


daily or a weekly newspaper at the expense of the applicant.]

15A. Procedure for making applications for grant of


certificates under Sec. 16 :-

(1) An application 1[ * * *] for restoration of evacuee property


under sub- section (1) of Section 16 shall not be entertained
unless-

(a) where an order declaring the property to be evacuee property


was made before the 21st May, 1954 (hereinafter referred to as the
"appointed date")-

(i) all appeals and revision-applications permissible under the Act


against such order have either become time-barred on the
appointed date or have been filed and disposed of before that date,
and the application is made within sixty days of such date; or

(ii) where the period of limitation of filing such appeals or revision-


applications has not expired on the appointed date, such appeals
and revision applications have been filed and the application is
made within sixty days of the Final order of the Custodian-General
in the case;

(b) where an order declaring the property to be evacuee property is


made after the appointed date-

(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;

(c) where any proceedings for declaring the property to be evacuee


property are pending on the appointed date and the application is
made within sixty days of the Final order of the Custodian-General
in the case.

(2) Notwithstanding anything contained in sub-rule (1), an


application 2[* * * for restoration of evacuee property under sub-
section (1) of Section 16 by an evacuee who migrated to West
Pakistan from the State of Uttar Pradesh during the period between
the 1st February, 1950 and 31st May, 1950 and who is permitted
to return to India for permanent resettlement, may be entertained
if it is made within sixty days of the appointed date or of the date
of the return of the evacuee to India, whichever is later.

(3) Nothing in this rule shall apply to an application 2 [* * *] for


restoration of evacuee property under sub-section (1) of Section 16
which is pending on the appointed date.

1. The words "for a certificate" omitted by S.R.O. 667, dated 20th


February, 1957.
2. The Words "for a certificate" omitted by S.R.O. 667, dated 20th
February 1957.

15AA. Certain applications for grant of a certificate under


Sec. 16 may be entertained although made beyond time :-

A n application for restoration of an evacuee property made under


sub-section (1) of Section 16 before the commencement of the
Administration of Evacuee Property (Amendment) Act, 1954 (42 of
1954), which is pending on such commencement, may be
entertained, notwithstanding that the period of limitation specified
in rule 15A for making such an application had expired.]
15B. Classes of persons to whom certificates under Sec. 16
may be granted :-
1[ An order for restoration under Section 16 may be made in favour
of the following classes of persons, namely :]
2 [(1) Any person who, since the 1st day of March, 1947, has
continued to reside in India and did not at any time migrate to
Pakistan and whose property has been declared as evacuee
property ;

(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-

(i) returned to India on or before 15th October, 1952, under a valid


permit issued under Influx from Pakistan (Control) Act, 1949, as
then in force, for permanent return to India : Provided that such
person has not thereafter made any other journey to Pakistan
except in similar circumstances and subject to the same conditions,
or in the circum- stances and subject to the conditions specified in
Cl. (c) ; or

(ii) has returned or returns, on or after the 15th October, 1952, on


the authority of an Indian passport, or repatriation certificate, or
emer- gency 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 : Provided that such person has not thereafter made any
ot her journey except in the circumstances and subject to the
conditions specified in Cl. (c) ;

(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-

(i) no member of the family of such person wholly dependent upon


his earnings for the provision of the ordinary necessities of life has
after his return remained behind in Pakistan with his approval or
consent;

(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

(iii) no member of the family of such person hereinbefore described


has subse- quently left for Pakistan with his approval or consent.

(3) Meos belonging to Alwar and Bharatpur districts in the State of


Rajasthan, and Gurgaon District in the State of Punjab, who
migrated to Pakistan but who have returned to India, before the
18th day of October, 1949 for permanent resettlement in India.

(4) Evacuees who migrated to West Pakistan from the State of


Uttar Pradesh ring the period between the 1st February, 1950 and
31st May, 1950 and who are permitted to return to India for
permanent resettlement in accordance with the arrangements
agreed upon by the Government of India and the Government of
Pakistan.
Nationals of any foreign country who are not settled in Pakistan and who have not
acquired any right to, or interest in, or benefit from, any property which is treated
as evacuee or abandoned property under any law for the time being in force in
Pakistan: Provided nothing in this rule shall apply to any person who has settled in
Pakistan and has been visiting India merely for the purpose of looking after his
property or other interest.
1. Subs. by Notification S.R.O. 667, dated 20th February, 1957.
2. Subs. by Notification S.R.O. 1673, dated 21st May, 1954.

15C. Conditions subject to which certificates under Sec. 16


may be granted :-

1 [An order for the restoration of any property under Section 16


may contain] all or any of the following conditions, namely:
(i) That the person to whom property is restored shall not evict any
allottee except in the circumstances in which lessees can be evicted
under any law for the time being in force;

(ii) where the person to whom the property is restored is given


vacant possession of the property, he shall pay such compensation
to the allottees in respect of any improvements made by them on
the property as may be determined by the Custodian;

(iii) such other conditions as the Central Government may specify in


the certificate.

1. Subs. by Notification S.R.O. 667, dated 20th February, 1957.

16. Terms and conditions which a Custodian may impose


while making an order for restoration of property under
Sec. 16 :-

Without prejudice to the generality of the provisions contained in


Section 16 on the subject a Custodian may, while making an order
for the restoration of any evacuee property under that section,
impose any terms or conditions which he considers to be just and
proper, having regard to the commitments already made, or action
already taken by him in the exercise of his functions under the Act,
or which otherwise seem to be necessary for carrying out the
purpose of the Act.
17. Omitted :-

xxx xxx xxx


18. Enquiries under Sec. 22 in pending cases :-

(1) The provisions of this rule shall apply to proceedings pending


under Sec. 22 on the commencement of the Administration of
Evacuee Property (Amendment) Act, 1953 (11 of 1953).

(2) In addition to the circumstances mentioned in the explanation


to Section 22 the following shall be deemed to constitute a
preparation for migration to Pakistan :

(i) Disposal of the bulk of ones household effects,

(ii) disposal of assets essential to ones profession, practice or


calling or trade such as the disposal of medical books and
equipment by a doctor, the disposal of law books by a practising
lawyer and the disposal of his stock-in- trade by a trader, and

(iii) disposal of the tools and instruments by which a person earns


his livelihood.

(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 :-

xxx xxx xxx


20. Procedure for the confirmation of transfers under Sec.
40 :-

(1) An appli- cation for confirmation under 1[ sub-section (1) of


Section 40 ] shall contain the following particulars, namely:

(a) Boundaries, Municipal number and location of the property and


also khasra number in case of agricultural land.

(b) Particulars of transfer sought to be confirmed including the


dates of the transfer and registration, if any, the addresses of the
parties and the consi- deration paid or deferred.

(c) Particulars of any previous transfers in respect of the property.

(d) The name and address of the person in possession of the


property trans- ferred and the capacity in which such person is in
possession.

(2) The application shall be verified in the manner prescribed in the


Code of Civil Procedure, 1908, for verification of pleadings and shall
be accompanied by a copy of the transfer deed in question and also
a schedule containing the particulars of any other property owned,
possessed or transferred by the transferor after 1st March, 1947.

(3) The application shall be presented by the transferor or the


transferee personally or by any person claiming under, or lawfully
authorized by either of them.
(4) The Custodian shall cause a notice in Form No. 7 to be served
on the trans- feror or transferee, as the case may be, and may
further cause a similar notice to be served on any person whom the
Custodian considers to be interested in, or likely to be affected by
the result of the application.

(5) A public notice shall also be published in a daily newspaper at


the expense of the applicant.

(6) If any application referred to in sub-rule (1) is pending on the


date these rules came into force, the applicant may, within thirty
days from such date or within such period as the Custodian may by
order specify, amend his application so as to bring it in conformity
with these rules and may also make up the deficiency, if any, in the
fee leviable on such application: Provided that the Custodian on
sufficient cause being shown may extend the period prescribed by
this sub-rule.

(7) In case the applicant fails to amend the application in


accordance with sub- rule (6) the Custodian may dismiss the
application or proceed to decide it on the material before him.

(8) After notices are served in accordance with the provisions of


sub-rules (4) and (5) the Custodian shall after a summary enquiry
proceed to determine the application.

(9) If a party making an application fails to appear on the date


fixed when the case is called for hearing, the Custodian may
dismiss the application for default or proceed to decide the
application in the absence of the party, on the materials before
him.

(10) Where the application is dismissed under sub-rule (9) the


applicant shall be precluded from making a fresh application on the
same facts with respect to the same property. But the applicant
may apply within thirty days from the date the order of dismissal is
communicated to him for an order setting aside the dismissal and
the Custodian, if he is satisfied that there was sufficient cause for
non-appearance when the case was called for hearing, shall make
an order setting aside the order of dismissal upon such terms as he
thinks fit and shall fix a date for proceeding with the application.

(11) The Custodian shall refuse to confirm any transfer which he


has reasonable grounds to believe to be colourable or benami.

2 [(12) Where any evacuee property is auctioned in pursuance of


sub-clause (v) of Cl. (b) of sub-section (5) of Section 40 the
transferee shall be permitted to bid at the auction and if his bid is
accepted, the amount actually paid by the transferee as consi-
deration for the property shall be set-off against any bid made by
him at the auction: Provided that if the amount bid by the
transferee falls short of the amount actually paid by him he shall
not be entitled to any refund of the balance.]

1. Subs. by Rule 19 omitted by Notification S.R.O. 1673, dated


21st May, 1954.
2. Ins. by Notification S.R.O. 1673, dated 21st May, 1954.

20A. Application for obtaining previous approval under Sec.


40 in respect of transfers :-

(1) An application for obtaining previous approval under Section 40


in respect of transfer shall contain the following particulars namely
:

(a) Name and address of the transferor.

(b) Boundaries, Municipal number and location of the property as


also khasra number in the case of agricultural land.

(c) Nature of the right proposed to be transferred.


(d) Whether any proceedings under the Act are pending for
declaring the property to be evacuee property.

(e) The consideration agreed upon for the transfer of the property.

(2) Where an application is made for previous approval to the


Custodian under Section 40 , the Custodian shall give such
approval unless proceedings in respect of the property which is
sought to be transferred are pending under the Act for declaring
the property to be evacuee property.]

21. Omitted :-

xxx xxx xxx


22. Omitted :-

xxx xxx xxx


23. Management of trust properties :-

Trust properties may be managed by the Custodian in the same


manner as other evacuee property, but in case of public trust of
religious or charitable nature, lecourse may be had to Section 92 of
the Code of Civil Procedure, 1908 , if the circumstances so require.
24. Leases of evacuee property :-

Any evacuee property may be leased out by the Custodian for a


period not exceeding the period specified in any general or special
directions issued by or under the authority of the Central
Government.
25. Method of payment of amounts due to the Custodian :-

(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.

(2) The person receiving the money on behalf of the Custodian


shall issue a receipt in Form No. 8. Receipts issued by the person
making realisation on behalf of the Custodian on the spot shall,
however, be prepared in Form No. 9 by carbon process by using
double-sided carbon paper.

(3) Crossed cheques may, at the discretion of the Custodian be


accepted. In case of out-station cheques, the amount on account of
bank commission should also be added to the amount due to the
Custodian. No receipt for any cheque shall be valid discharge of any
liability unless the cheque is cashed.

26. Administration and other charges :-

(1) A fee equivalent to 10 per cent of gross realisations made from


evacuee property shall be charged as adminis- tration charges from
the date on which the property is taken over by the Custodian.

Explanation:- This sub-rule applies to part "C" States only.

(2) A fee equivalent to 10 per cent of gross realisation made from


evacuee property shall be charged on account of maintenance and
normal repairs from the date on which the.property is taken over
by the Custodian.

1 [ (3) Nothing in sub-rule (1) or sub-rule (2) shall entitle the


Custodian to recover any charges. On account of the
Administration, maintenance or repairs of any evacuee property
from the sale-proceeds thereof but where any such property is
disposed of by sale, it shall be lawful for the Custodian to realise
from the sale-proceeds only such amount as is, in his opinion,
sufficient to defray the expenses incurred in connection with, or
incidental to, the disposal of such property.]
(4) In addition to normal repairs the Custodian may also spend
such amounts on special repairs to the property as are sanctioned
by the Central Government or the Custodian General. Such
expenditure on special repairs will in the first instance be met out
of the income of the property and if there is not sufficient income,
it will be debited against the capital value of the property.

1. Ins. by S.R.O. 1673, dated 21st May, 1954.

27. Administration charges for moveable properties :-

(1) Where any moveable evacuee property is returned under


Section 16 , or is disposed of by sale or is otherwise released, the
Custodian may recover such administration charges or other
charges on account of the maintenance, repair, transport or storage
of such property and subject to such conditions, if any, as the State
Government may by general or a special order from time to time,
direct.

(2) This rule applies to Part "C" States only.]

28. Manner of service or publication of notice, summons or


order :-

Service or publication of any notice, summons or order under the


Act or under these Rules shall be effected in one or more of the
following modes namely:
(1) By giving or tendering it to the person concerned or his
manager or agent, if any.

(2) By leaving it at the last known place of business of the person


concerned or by giving or tendering it to some adult member of the
family.
(3) By sending the notice, summons or order by registered post.

(4) By affixing the notice, summons or order on some conspicuous


part of the

29. Omitted :-

xxx xxx xxx


30. Examination of witnesses :-

The Custodian shall be entitled to issue a commission for recording


statement on oath of any person, as provided in Or.26 of the Code
of Civil Procedure, 1908.
30A. Transfer of cases :-

(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-

(i) try to dispose of it himself; or

(ii) transfer it for trial or disposal to any other officer subordinate to


him and competent to try or dispose of the same; or

(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.

(2) The petition of appeal shall be presented in person or through a


legal practi- tioner or a recognised agent when the appeal lies to
the Custodian 2[ * * * *.] Where an appeal lies to the Custodian
General the petition of appeal may be sent by registered post.

(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) Except as otherwise expressly provided in the Act or in these


Rules, the procedure laid down in Or.61 of the Code of Civil
Procedure, 1908, shall, so far as applicable, apply to the hearing
and disposal of appeal under the Act.

3[(5) Any petition for revision when made to the Custodian-General


shall ordinarily be made within sixty days of the date of the order
sought to be. revised. The petition shall be presented in person or
through a legal practitioner or a recognised agent or may be sent
by registered post. The petition shall be accompanied by a copy of
the order sought to be revised and also by a copy of the original
order unless the Revising Authority dispenses with the production
of any such copy.]

4(6)* * * *.]

(7) 5[ In computing the period of limitation provided in this rule-

(a) the provisions of Section 4 6[* * * *] and S.12 of the Indian


(a) the provisions of Section 4 6[* * * *] and S.12 of the Indian
Limitation Act, 19087shall, so far as they are applicable, apply to all
petitions of appeal or revision ;

(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.

(7A) Where any petition of appeal or revision has been dismissed


by any authority during the period specified in Cl. (ft) of sub-rule
(7) on the ground only that such petition was barred by limitation
and that time could not be extended because S.5 of the Indian
Limitation Act, 19088w a s not applicable the petitioner may, not
later than the 29th day of November, 1956, apply to the
Custodian-General for restoration of the petition of appeal or
revision, as the case may be, and the Custodian-General, if
satisfied that the petitioner had sufficient cause for not filing the
petition within time, may set aside the order dismissing the petition
and thereupon such petition shall, subject to the other provisions of
these rules, be heard on merits by the Custodian-General or if the
Custodian-General so directs, by the authority which would have
been competent to hear it, if the petition had not been dismissed
on the ground aforesaid.]

(8) A notice of any appeal, revision 9[ * * * *] may be given, in


addition to the person concerned, to any other person who in the
opinion of the authority hearing the appeal, the revision 9 [* * * *]
may be interested in the same.

(9) Any authority hearing any appeal or an application for revision


may admit additional evidence before its final disposal or may
remand the case for admission of additional evidence and report or
for a fresh decision, as such authority may deem fit.

1. The words "the District Judge nominated in this behalf or"


omitted by Notification S.R.O. 667, dated 20th February, 1957.
2. The Words "or an especially nominated District Judge" omitted
by The words "the District Judge nominated in this behalf or"
omitted by Notification S.R.O. 667, dated 20th February, 1957.
3. Subs. by Notification S.R.O. 667, dated 20th February, 1957.
4. Clause (6) omitted by Subs. by Notification S.R.O. 667, dated
20th February, 1957.
5. Subs. by Notification S.R.O. 2183, dated 20th September, 1956.
6. The figure "5Z omitted by Notification S.R.O. 1385, dated 5th
June, 1956.
7. See now the Limitation Act, 1963.
8. See now the Limitation Act, 1963.
9. The words "or review" omitted by Notification S.R.O. 667, dated
20th February, 1957.
32. Fees :-

(1) The following fees shall be payable in respect of petitions,


appli- cations and appeals under the Act, except those presented or
filed by an officer of the Custodian Department or any other public
officer as such:

(I) Appeals- Rs. P.


(i) To the Custodian- 20.00
General
(ii) To the Custodian or Additional 10.00
Custodian 1[* *]

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.

(b) Where the consideration for the transfer 5.00


exceeds Rs. 1,000 but does not exceed Rs.
5,000
(c) Where the consideration for the transfer 10.00
exceeds Rs. 5,000 but does not exceed Rs,
10,000

(d) In all other cases 10.00


3[(iii) * * * *]
iv Any application for a copy of any document or 0.20
order
(v) Any application riot otherwise provided for but
made in relation to a proceeding under Sec. 7,
16 or 40-
(a) When made to any Custodian-General 2.00
(b) When made to any other officers 1.00
(vi) Any application of a miscellaneous nature not 0.20
otherwise provided for 4[* * *]
(IV) (a) Applications under Sec. 23 for an intending 5.00
evacuee being called upon to pay up the
efficiency on the consideration paid by him for
an evacuee property in Pakistan
(b) Application for a copy 0.20
(c) Application not otherwise provided for but made
in connection with proceedings under Secs. 7,
16, 19, 22 and 40-
(i) When made to the Custodian-General 2.00
(ii) When made to any other officers 1.00
(iii) Applications of a miscellaneous nature not 0.20
otherwise provided for

(2) No officer authorised to receive any appeal, petition or


application shall receive the same unless fee payable under this
rule is paid in such manner as the Central Government may from
time to time determine.
(3) A register shall be maintained in the office of every Custodian
showing the fee paid in respect of every petition, application or
appeal, and the entries shall be checked and countersigned by the
officer by whom the petition application or appeal, as the case may
be, is heard or by such other officer subordinate to him as he may
authorise in this behalf.

1. The words "or the especially designated District Judge" omitted


by Notification S.R.O. 667, dated 20th February, 1957.
2. Clauses (ii), (iii) and (iv) omitted by The words "or the especially
designated District Judge" omitted by Notification S.R.O. 667,
dated 20th February, 1957.
3. Omitted by Notification S.R.O. 1673, dated 21st May, 1954.
4. Omitted by Notification S.R.O. 1673, dated 21st May, 1954.
33. Basic record of property to be maintained in property
section :-

(a) All immoveable property taken possession of by the Custodian


shall be recorded in a register in Form No. 10. Similar registers
shall be maintained with respect to proper- ties of intending
evacuees.

(b) All moveable property taken possession of by the Custodian


shall be recorded in a register in Form No. 11 and a slip in Form No.
12 shall be attached to each article. The officer entrusted with the
custody of such property shall be respon- sible for its safe custody
and for protecting it from loss, damage or deterioration. He shall
maintain a suitable record of the property taken into custody with a
view to facilitating check at any time of the article in hand with
those shown as such in the Registers. He shall also arrange for
periodical physical verification of the articles in hand.

(c) The account-books, title deeds, and other valuables and


documents taken possession of by the Custodian shall be noted in
the Register of Valuables in Form No. 13 and a slip in Form No. 12
shall be attached to each article.
Explanation.- When any property is disposed of by sale or
otherwise the details of disposal shall be entered in the appropriate
columns of the relevant registers.

34. Powers of managers :-

The manager appointed under sub-section (2) of Section 10 shall


act under the general supervision and control of the Custodian and
may exercise such powers as may be delegated in writing to him by
the Custodian from time to time.
35. Fees for inspection and copies :-

(1) The following fees shall be payable by the person desirous of


obtaining any copy from any record maintained under the Act or
these rules: Rs. P.

(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.

(3) Such officer may authorize a person inspecting to take short


notes (not verbatim in pencil.)

(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 :-

When any property taken into possession as an evacuee property is


subsequently declared by the Custodian or any other competent
authority to be a non-evacuee property, the Custodian may, on the
application of any party entitled to the actual possession thereof,
take such action as will place the parties in the same position in
which they were on the date of possession. For this purpose, the
Custodian may order the person in occupation of the property to
vacate the same and the Custodian may use such force or authorise
the use of such forces as may be necessary for the purpose.
38. Receipts :-

Income and other receipts on account of Evacuee property fall


under the following categories: The head (C) is intended to cover
receipts like interest on investment of surplus cash by the
Custodian in approved Government securities under Section 10(2)
(p) of the Act and other receipts which may not be allocated to any
other head.
39. Maintenance of records and registers :-

The following account records and registers shall be maintained by


Custodian of Evacuee Property or by Officers autho- rised to act on
their behalf.
(i) An index Register shall be maintained in Form No. 14 in which
the names of evacuees shall be entered in alphabetical order.
References to the pages of other registers in which the transactions
of the evacuee are recorded shall be given on the relevant page of
this-register.

(ii) A personal account shall be maintained in Form No. 15 for each


evacuee in a bound register, with an index in an alphabetical order.
Sufficient number of pages shall be set apart for each evacuee. The
monthly total of receipts payments as recorded in the several
individual registers shall be posted into the personal account of
each evacuee at the end of each month, figures of administration
charge and custodians fee being posted separately as distinct from
totals of other expenditure.
(iii) A receipt and expenditure account of immoveable property
shall be maintained in Form No. 16 for recording complete details of
receipts and payments of all evacuee immoveable property other
than agricultural land, and it shall also show, the name of the
owner, full specifications of property and assessed rent recoverable
in respect of each item. Particulars of factories and work-shops shall
be. recorded in a separate register in the same form. A separate
account of receipts and expenditure shall be maintained in Form
No. 17 in respect of Agricultural property. The entries in the
registers shall be attested by the officer checking them.

(iv) Account of receipt and expenditure on account of moveable


property belonging to each evacuee shall be maintained in Form
No. 18. Separate registers shall be maintained in respect of
identifiable and unidentifiable property. Disposal of this property by
auction, sale or otherwise when made shall be indicated in this
register. The results of the verification of ground balances of the
articles with the book balances shall be recorded in this register.
When the property is sold or leased by public auction the bids shall
be recorded in the sales register (Form No. 19), the signature or
thumb impression of the last bidder being obtained in column 11 of
the form.

NOTE:- The intermediate bids in respect of property liable to fetch


not more than Rs. 100/- may not be recorded in the register.

(v) Account of receipt and expenditure in respect of debts or claims


due to evacuees shall be maintained in Form No. 20.

(vi) A rent demand and collection register for immoveable property


(other than Agricultural) shall be maintained in Form No. 21 for
showing the rent assessed on immoveable property let out on rent
and the amount of rent actually realised.

(vii) A miscellaneous demand and collection register shall be


maintained in Form No. 22 for recording recovery of amounts other
than those recorded in the Rent Demand and Collection Register.
(viii) Income arising from the interest of evacuees in business
concerns, e.g. shares in business profits, shall be accounted for in a
register in Form No. 23.

(ix) In respect of agricultural land a register of demand and


collection shall be maintained in Form No. 24. Demand in respect of
all items brought on to the property register for agricultural land
shall be recorded in this register, the name of evacuee owner, the
allottee and the monthly rent fixed for each item of property shall
also be shown therein. Demands, which will be collected by issue of
rent bills and the realisations effected, shall be noted in the
columns provided for the purpose.

(x) The Demand and Collection registers shall be reviewed and


closed at the end of each year and the outstanding balances shall
be struck and carried forward to the registers of the succeeding
year. A certificate to the effect that all recoverable demands of the
year have been noted in the registers and that the balances have
been correctly carried forward to the succeeding years registers
shall be recorded at the end of each register by a responsible
officer.

(xi) A statement showing demands to the end of the previous


month, recoveries made during the current month and the
outstanding balances shall be forwarded to the Ministry of
Rehabilitation, Government of India, through the Custodian-
General not later than the 15th day of the succeeding month and
causes of arrears if any and steps taken to clear them shall be
explained in the statement.

(xii) A cash book in Form No. 25 shall be maintained to show all


transactions of receipts and payments relating exclusively to
evacuee property. Amounts received or paid on account of evacuee
property shall be entered in the cash book on the date on which
they are received or paid. The cash book shall be closed daily and
the entries therein shall be checked and initialled daily by the
Custodian or an authorised Gazetted Officer. Cash in hand shall be
deposited promptly into the Treasury. The cash in hand shall be
verified at the end of each month by the Custodian or by any other
Gazetted Officer nominated by him for the purpose and he shall
record a signed and dated certificate to this effect in the cash book.
In addition, surprise checks shall be made frequently at irregular
intervals.

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

40. Personal deposit account to be closed :-

(1) The personal deposit accounts opened in the name of the


Custodian of Evacuee Property or other officer authorized by the
Government in this behalf for crediting receipts in respect of
unacquired evacuee properties shall be closed with effect from 1st
April, 1957, or such other date as may be prescribed. All receipts
on account of unacquired evacuee property shall thereafter be

(2) The receipts on account of sale-proceeds and other receipts of


unidentified evacuee moveable property and administration
charges/Custodians fee thereon shall also be credited into the
treasury in favour of the Pay and Accounts Officer, Ministry of
Rehabilitation, New Delhi, for credit under a distinct suspense head
"Sale-proceeds of unidentiFied evacuee moveable property"
subordinate to "Section S-Deposit and Advance-Part IV-Suspense,"
and "XLVI-Misc.-Central, etc." respectively. When such receipts are
credited into the treasury they shall be shown as credited to the
Pay and Accounts Officer, Ministry of Rehabilitation, New Delhi, to
whom a copy of the treasury challan (marked original) shall be
forwarded in advance to enable him to watch the credits.]

41. Payments :-

Where repairs, etc. to evacuee property are carried out by the


Public Works Department, the Executive Engineer concerned shall
send a schedule in Form No. 26 showing the charges incurred by
him on such repairs etc. This charges shall be debited to the
account of the property of the evacuee owner concerned. Where,
however, the allottees in occupation of evacuee property are
permitted by the Custodian to carry out minor repairs and to set-off
the amount of expenditure actually incurred against the rent due,
the gross amount of the rent shall be entered in the relevant
Demand and Collection Register while the cost of repairs shall be
noted in the appropriate column in the account of the property of
the evacuee concerned.
42. Omitted :-

Municipal and other taxes paid in respect of evacuee property shall


be debited to the account of the property of the evacuee
concerned.
43. Payment by Custodian :-

(1) No payment shall be made except after the payee has


presented his claim and the Custodian or an officer duly authorized
by him in this behalf, after checking the same, has passed order of
payment thereon.

1 [(2) After the personal deposit accounts in the name of the


Custodians have been closed as indicated in rule 40, all expenditure
f o r maintenance, repairs, and the like of unacquired evacuee
property and refund, if any, of the receipts, shall be drawn from
the Pay and Accounts Officer, Ministry of Rehabilitation, on
presentation of bills in accordance with the financial rules and
regulations as may be laid down by the Central Government. All
such charges shall be taken directly to the deposit to the head
"Transactions on account of unacquired evacuee property"
mentioned in rule 40.]

1. Subs. by Notification S.O. 2102, dated 25th September, 1958.

44. Monthly State,emt pf ad,omostratove cjarges :-


At the close of each month. the Custodian will work out figures for
administration charges in Form No. 27 in respect of receipts
credited to the head mentioned in rule 40(1) and communicate
them to the Pay and Accounts Officer for carrying out necessary
adjustment in accounts by debiting the Deposit Head "S-Deposits
and Advances, etc. transactions on account of unacquired evacuee
property" per contra credit to "XLVI-Miscellaneous, Central" etc.
The monthly totals of "gross realizations" and "administration
charges/Custodians fee" as worked out in Form No. 25-A shall be
reconciled with the corresponding figures in the classified abstract
in Form No. 29.]
45. Omitted :-

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.

46. Record of payments :-

Each Custodian of evacuee property shall maintain a record of


payments claimed from the Pay and Accounts Officer, in Form No.
29. He shall also compile monthly a statement of expenditure in
Form No. 30 and send it to the Custodian-General-cum-Chief
Settlement Commissioner for reconciliation with the office of the
Pay and Accounts Officer, Ministry of Rehabilitation.]
47. Omitted :-

XXX XXX XXX


48. Omitted :-
If a form different from that prescribed in these rules is used, the
prior approval of the Audit Officer who is responsible for the local
audit of the accounts shall be obtained.
49. Repeal :-

The rules contained in the following notifications, namely :


(i) the Notification of the Government of Punjab in the Relief and
Rehabili- tation Department No. 8689-S (Rev.), dated the 29th
August, 1951 ; and

(ii) the notification of the Government of Patiala and East Punjab


States Union in the Rehabilitation Department No. 2, dated the
19th February, 1952, are hereby repealed: Provided that 1 [* * *
* . ] anything done or any action taken in exercise of any power
conferred by any of the said rules shall be deemed to have been
done or taken under the corresponding provision of these rules.

5 [* * * *]

1. The Words "subject to the next succeeding proviso" omitted by


S.R.O. 1381, dated 4th August, 1952.

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