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ADMINISTRATION OF EVACUEE PROPERTY ACT, 1950 [REPEALED]

Ministry of Law and Justice

Act nº 31 of 1950


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Act nº 31 of 1950

Preamble

THE ADMINISTRATION OF EVACUEE PROPERTY Act, 1950

[Act, No. 31 of 1950]

[17th April, 1950]

PREAMBLE An Act to provide for the administration of evacuee property and for certain matters connected therewith.

BE it enacted by Parliament as follows :--

Chapter I

Section 1. Short title and extent

(1) This Act may be called The Administration of Evacuee Property Act, 1950.

(2) It extends to the whole of India except1[the territories which immediately before the 1st November 1956, were comprised in the States] of Assam, West Bengal, Tripura, Manipur and Jammu and Kashmir.

1. Substituted for the words "the States" by A.L.O., 1956.


Section 2. Definitions

In this Act; unless the context otherwise requires,--

(a) "allotment" means the grant by a person duly authorised 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 1947, left, any place in a State for any place outside the territories now forming part of India, or

(ii) who is resident in any place now forming part of Pakistan and who for that reason is unable to occupy, supervise or manage in person his property in any part of the territories to which this Act extends, or whose property in any part of the said territories has ceased to be occupied, supervised or managed by any person or is being occupied, supervised or managed by an unauthorised person, or

(iii) who has, after the I4th day of August 1947, obtained, otherwise than by way of purchase or exchange, any right to, 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, 1 [or

(iv) who has, after the 18th day of October 1949, transferred to Pakistan, without the previous approval of the Custodian, his assets or any part of his assets situated in any part of the territories to which this Act extends; or

(v) who has, after the 18th day of October 1949, acquired, if the acquisition has been made in person, by way of purchase or exchange, or, if the acquisition has been made by or through a member of his family, in any manner whatsoever, any right to, 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;]

Explanation2 - [I]. --For the purposes of sub-clause (iii), the acquisition of any right to, interest in or benefit from any such property as is referred to in that sub-clause by a firm, private limited company or trust of which any person or any member of the family of such person wholly dependent on him for the ordinary necessaries of life is a partner, member of beneficiary, as the case may be, shall be deemed to be an acquisition by that person within the meaning of that sub-clause.

2 [Explanation II.--For the purposes of sub-clause (iv), the transfer to Pakistan by any person of any reasonable sum of money in accordance with the rules made in this behalf by the Central Government for the purpose of financing any transaction in the ordinary course of his trade or for the maintenance of any member of the family of such person shall not be deemed to be a transfer of his assets within the meaning of that sub-clause.

Explanation III. --For the purposes of sub-clause (v), the acquisition of any right to, interest in, or benefit from any such property as is referred to in that sub-clause by a firm, private limited company or trust of which any person is a partner, member or beneficiary, as the case may be, shall be deemed to be an acquisition by that person of such right, interest or benefit within the meaning of that sub-clause;]

(e) 3 [* * * * *]

(f) 4 ["evacuee property" means any property of an evacuee (whether held by him as owner or as a trustee or as a beneficiary or as a tenant or in any other capacity), and includes any property which has been obtained by any person from an evacuee after the 14th day of August 1947, by any mode of transfer which is not effective by reason of the provi­sions contained in Section 40,] but does not include--

(i) any ornament and any wearing apparel, cooking vessles or other household effects in the immediate possession of an evacuee;

(ii) any property belonging to a joint stock company, the registered office of which was situated before the 15th day of August 1947, in any place now forming part of Pakistan and continues to be so situated after the said date;

(g) "member of the family" means any member of the family of any person who is wholly dependent upon the earnings of such person for the provisions of the ordinary neces­saries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns property or carries on business jointly with such person;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "property" means property of any kind, and includes any right or interest in such property;

(j)"unauthorised person" means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the 14th day of August 1947, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian.

1. The word 'or' and Clause (iv) and (v) were inserted by the Administration of Evacuee Property (Amdt.) Act, 1953(11 of 1953), Section (a)(1),(6-5-1953).

2. Existing Explanation was numbered as Explanation I and Explanations II and III were inserted. by the Administration of Evacuee Property (Amdt.) Act, 1953 (11 of 1953), Section 2(a)(1),(6-5-1953) Section 2(a)(2),(6-5-1953).

3. Clause (e) was omitted, by the Administration of Evacuee Property (Amdt.) Act, 1953 (11 of 1953), Section 2(a)(1), (6-5-1953) Section 2(a)(2), (6-5-1953) Section 2(b), (6-5-1953).

4. Substituted, by the Administration of Evacuee Property (Amdt.) Act, 1953 (11 of 1953), Section 2(a)(1), (6-5-1953) Section 2(a)(2), (6-5-1953) Section 2(b), (6-5-1953) Section 2(e), (6-5-1953).


Section 3. [Repealed]

[References to enactments not in force in Part BStates. (Omitted by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953), S.3 [6-5-1953]].

Section 4. Act to override other laws

1[(1)] The provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.

1[(2) For the removal of doubts, it is hereby declared that nothing in any other law control­ling the rents of, or evictions from, any property shall apply, or be deemed ever to have applied, to evacuee property.]

1. Existing section was numbered as sub -section ( 1 ) and sub -section ( 2 ) was added by the Administration of Evacuee Property (Amdt.) Act, 1954 ( 42 of 1954 ), S. 2, ( 8 - 10 - 1954 ) :


Chapter II

Section 5. Appointment of Custodian-General, Deputy Custodian-General etc

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.

Section 6. Appointment of Custodians, etc

1 [(1) The Central Government, may, by notification in the Official Gazette, appoint for any State a Custodian, and as many Additional, Deputy or Assistant Custodians of Evacuee Property as may be necessary for the purpose of discharging the duties imposed on the Custodian by or under this Act; and the same person may be appointed, as the custodian, or as the case may be, Additional, Deputy or Assistant Custodian of Evacuee Property for two or more States.]

(2) Subject to the provisions of this Act, all Custodians, Additional, 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.

(3) Subject to the provisions of sub-section (2), Additional, Deputy and Assistant Custodians shall discharge the duties imposed on them by or under this Act under the general superintendence and control of the Custodian for the State, but the 2 [Central Government] may, by general or special order, provide for the distribution of work among them.

3 [Provided that nothing in this sub-section shall be deemed to empower the Custodian to question any order made by an Additional, Deputy or Assistant Custodian in respect of any matter which the Additional, Deputy or Assistant Custodian is empowered by or under this Act to determine.]

1. Sub-section (1) was substituted for old sub-section (1) by the Administration of -Evacuee Property(Amdt.) Act, 1956 (91 of 1956), S. 2(a) (w.r.e.f. 12-10-1956).

2. Substituted for the words "State Government" by the Administration of -Evacuee Property(Amdt.) Act, 1956 (91 of 1956), S. 2(a) (w.r.e.f. 12-10-1956), S, 2(b)(i) (w.r.e.f. 22-10-1956).

3. Proviso inserted by the Administration of -Evacuee Property(Amdt.) Act, 1956 (91 of 1956), S. 2(a) (w.r.e.f. 12-10-1956), S, 2(b)(i) (w.r.e.f. 22-10-1956), S. 2(b)(ii) (w.r.e.f. 22-10-1956).


Section 7. Notifications of evacuee property

(1) Where the Custodian is of opinion that any property is evacuee property within the meaning of this Act, he may after causing notice thereof 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.

1[(1A) Where during the pendency of any proceeding under sub-section (1) for declaring any property to be evacuee property any person interested in the property dies, the proceeding shall, unless the Custodian otherwise, directs, be continued and disposed of as if such person were alive.]

(2) Where a notice has been issued under sub-section (1) in respect of any property, such property shall, pending the determination of the question whether it is evacuee property or otherwise, be incapable of being transferred or charged in any way, except with the leave of the Custodian and no person shall be capable of taking any benefit from such transfer or charge except with such leave.

(3) The Custodian shall, from time to time, notify, either by publication in the Official Gazette or in such other manner as may be prescribed, all properties declared by him to be evacuee properties under sub-section (1).

1.Inserted (and shall be deemed always to have been inserted) by the Administration of Evacuee Property (Amdt.) Act, 1954 (42 of 1954). S. 3.


Section 7A. Property not to be declared evacuee property on or after 7th May 1954

1[7A . Property not to be declared evacuee property on or after 7th May 1954

Notwithstanding anything contained in this Act, no property shall be declared to be evacuee property on or after the 7th day of May, 1954 :

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, 1954 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, 1947, any place now forming part of India, and who on the 7th day of May, 1954 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, 1954.

Explanation I.- A person shall be deemed to have been resident in Pakistan on the 7th day of May, 1954, within the meaning of Clause (b) of the first proviso, if he was ordinarily residing in Pakistan before that date, notwithstanding that he was temporarily absent from Pakistan on that date.

Explanation II:-A person who had left India for Pakistan before the 7th day of May, 1954, on the authority of a passport or any other valid travel document issued by any competent authority in India, and who was temporarily residing in Pakistan on that date, shall not be deemed to have been resident in Pakistan on that date within the meaning of Clause (b) of the first proviso.

Explanation III.- A person who had left Pakistan for India on or after the 18th day of July, 1948, and who was in India on the 7th day of May, 1954, shall, unless he came to India under a valid permit for permanent return or for permanent settlement, issued under the Influx from Pakistan (Control) Act, 1949, be deemed to have been resident in Pakistan on the 7th day of May, 1954, within the meaning of Clause (b) of the first proviso.]

1.Inserted by the Administration of Evacuee Property (Amdt.) Act, 1954 (42 of 1954), S. 4 (w.r.e.f. 7-5-1954).


Section 8. Vesting of evacuee property in the Custodian

(1) Any property declared to be evacuee property under Section 7 shall be deemed to have vested in the Custodian for the State--

(a) in the case of the property of an evacuee as defined in sub-clause (i) of Clause (d) of Section 2, from the date on which he leaves or left any place in a State for any place outside the territories now forming part of India;

(b) in the case of the property of an evacuee as defined in sub-clause (ii) of Clause (d) of Section 2, from the 15th day of August, 1947; and

(c) in the case of any other property, from the date of the notice given under sub-section (1) of Section 7 in respect thereof.

(2) Where immediately before the commencement of this Act, any property in a State had vested as evacuee property in any person exercising the powers of Custodian under any law repealed hereby the property shall, on the commencement of this Act, be deemed to be evacuee property declared as such within the meaning of this Act and shall be deemed to have vested in the Custodian appointed or deemed to have been appointed for the State under this Act, and shall continue to so vest :

Provided that where at the commencement of this Act there is pending before the High Court, the Custodian or any other authority for or in any State any proceeding under Section 8 or Section 30 of the Administration of Evacuee Property Ordinance, 1949 (XII of 1949), or under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 1949 (XXVII of 1949), then notwithstanding anything contained in this Act or in any other law for the time being in force such proceeding shall be disposed of as if the definitions of evacuee property' and 'evacuee' contained in Section 2 of this Act had become applicable thereto.

1[(2A) Without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of Custodian in any State shall, notwithstanding any defect in any or the invalidity of, such law or any judgment, decree or order of any Court, be deemed for all purposes to have validity vested in that person, as if the provisions of such law had been enacted by Parliament and such property shall, on the commencement of this Act, be deemed to have been evacuee property declared as such within the meaning of this Act and accordingly, any order made or other action taken by the Custodian or, any other authority in relation to such property shall be deemed to have been validly and lawfully made or taken.]

(3) Where any property in a State belonging to a joint stock company had vested in any person exercising the power of a Custodian under any law previously in force, then nothing contained in Clause (f) of Section 2 shall affect the operation of sub-section (2), but the2[Central Government] may, by notification in the Official Gazette, direct, that the Custodian shall bedivested of any such property in such manner and after such period as may be specified in the notification.

(4) Where after any evacuee property has vested in the Custodian any person is in possession thereof, he shall be deemed to be holding it on behalf of the Custodian and shall on demand surrender possession of it to the Custodian or to any other person duly authorised by him in this behalf.

1. Inserted and deemed always to have been inserted by the Administration of Evacuee Property (Amdt.) Act (I of 1960) Section 2.

2. Substituted for the words State Government by the Administration of Evacuee Property (Amdt.) Act, 1956 (91 of 1956), Section 3 (w.r.e.f. 22-10-1956)


Section 9. 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 authorised 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.

Section 10. Powers and duties of the Custodian generally

Subject to the provisions of any rules that may be made in this behalf, the Custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any 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 and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto.

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may for any of the purposes aforesaid,

(a) carry on the business of the evacuee.

(b) appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section;

(c) enter, or authorise any other person to enter, any land or premises to inspect any evacuee property;

(d) take all such measures as may be necessary to keep any evacuee property in good repair;

(e) complete any building which has vested in him and which requires to be completed;

1[(f),(g), (h)********]

(i) take such action as may be necessary for the recovery of any debt due to the evacuee;

(j) institute, defend or continue any legal proceeding in any civil or revenue Court on behalf of the evacuee or refer any dispute between the evacuee and any other person to arbitration or compromise any claims, debts or liabilities on behalf of the evacuee;

1[(k) * * ** * * *]

(I) in any case where the evacuee property which has vested in the Custodian consists of a share or shares in a company, exercise, notwithstanding anything to the contrary contained in the Indian Companies Act, 1913 (VII of 1913), or in the articles of association of the company, the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the Court under the provisions of the Indian Companies Act, 1913, or the articles of association of the company or in any other matter as the evacuee shareholder himself could have done had he been present, although the name of the Custodian does not appear in the register of members of the company;

2[(II) in any case where the evacuee property which has vested in the Custodian consists of fifty-one per cent or more of the shares in a company, the Custodian may take charge of the management of the whole affairs of the company and exercise, in addition to any of the powers vested in him under this Act, all or any of the powers of the directors of the company notwithstanding that the registered office of such company is situate in any part of the territories to which this Act extends, and notwithstanding anything to the contrary contained in this Act or the Indian Companies Act, 1913, or in the articles of association of the company :

Provided that the Custodian shall not take charge of such management of the company except with the previous approval of the Central Government;]

(m) incur any expenditure, including the payment of taxes, duties, cesses and rates to Government or to any local authority3[***];

(n) pay to the evacuee, or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto, any sums of money out of the funds in his possession;

(o) transfer in any manner whatsoever any evacuee property, notwithstanding anything to the contrary contained in any law or agreement relating thereto :

Provided that the Custodian shall not sell any immovable property or any business or other undertaking of the evacuee, except with the previous approval of the Custodian-General.

4[(p) acquire any non-evacuee interest in evacuee property, whether by way of purchase or otherwise : 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:

5[*****]

1. Clauses (f), (g), (h), (k) and (p) were omitted by the Administration of Evacuee property (Amdt.), Act, 1956, (91 of 1956), S. 4 (22-10-1958).

2. Clause (II) was inserted by the Administration of Evacuee Properly (Amdt.) Act, 1953 (11 of 1953), S. 4 (6-5-1953).

3. The words "or of any amounts due to any employee of the evacuee or of any debt due by the evacuee to any person" were omitted by the Administration of Evacuee Properly (Amdt.) Act, 1953 (11 of 1953), S. 4 (6-5-1953) (91 of 1956), S. 4.

4. Inserted by the Administration of Evacuee Properly (Amdt.) Act, 1953 (11 of 1953), S. 4 (6-5-1953) (91 of 1956), S. 4., (1 of I960), S. 3 (27-2-1960).

5. Proviso to Cl. (q) omitted by the Administration of Evacuee Property (Amdt.) Act, 1956 (91 of 1956), S. 4(a). (22-10-1956).


Section 10A. Power to recover rent or damages in respect of evacuee property vested in the Custodian

1 [10A. Power to recover rent or damages in respect of evacuee property vested in the Custodian

(1) Where any person is in arrears of rent in respect of any evacuee property vested in the Custodian, the Custodian may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order.

(2) Where any person is deemed to be holding any evacuee property on behalf of the Custodian under sub-section (4) of Section 8, the Custodian may, having regard to such prin­ciples of assessment of rent as may be prescribed, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed.

(3) Where any person is, or has at any time been, in unauthorised possession of any evacuee property vested in the Custodian, the Custodian may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order.

(4) Where any person being in possession of any evacuee property vested in the Custodian has caused damage to any such property, the Custodian may assess the compensation payable on account of the damages so caused and may, by order, require that person to pay the compen­sation within such time and in such instalments as may be specified in the order.

(5) No order shall be made under sub-section (2) or sub-section (3) or sub-section (4), until after the issue of a notice in writing to the person concerned calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Custodian.]

1. Inserted, by the Administration of Evacuee Property (Amdt.) Act (1 of 1960), S. 4 (22-2-1960).