Preamble1 – ADMINISTRATION OF EVACUEE PROPERTY Act, Chapter I. Section1 – Short title and extent. Section2 – Definitions. Section3 – [Repealed]. became vested in the Custodian of Evacuee Properties for the State of Madras under Section 8 of the Administration of Evacuee Property Act, , hereinafter . S.R.O. , dated the 28th September, -In exercise of the powers conferred by Sec. 56 of the Administration of Evacuee Property Act, (No. XXXI of.
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Short title and extent. In this Act, unless the context otherwise requires,– a ” allotment” means the grant by a person duly authorized in this behalf of a right of use or occupation of any immovable evacuee property to any other person, but does not include a grant by way of lease. Evacued numbered by s.
THE ADMINISTRATION OF EVACUEE PROPERTY ACT
Act to override other laws. The Central Government may, by notification in the Official Gazette, appoint a Custodian- General and as many Deputy and Assistant Custodians- General as may be necessary for the purpose 19950 discharging the duties imposed upon the Custodian- General and the Deputy and Assistant Custodians- General by or under this Act.
Appointment of Custodians, etc. Notification of evacuee property. Notwithstanding anything contained in this Act, no property shall be declared to be evacuee property on administratoin after the 7th day of May, Provided that nothing contained in this section shall apply to– a any property in respect of which proceedings are pending on the 7th day of May, for declaring such property to be evacuee property; and.
Provided further that no notice under section 7 for declaring any property to be evacuee property with reference to clause b of the preceding proviso shall be issued after the expiry of six months from the commencement of the Administration of Evacuee Property Amendment Act, 42 of Vesting of evacuee property in the Custodian.
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section 8 or section 30 of the Administration of Evacuee Property Ordinance, 12 ofor under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 27 ofthen notwithstanding anything contained in this Act or in any other law for the time being in force,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.
Power of Custodian to take possession of evacuee property vested in him. If any person in possession of any evacuee property refuses or fails on demand to surrender possession thereof to the Custodian or to any person duly authorized by him in this behalf, the Custodian may use or cause to be used such force as may be necessary for taking possession of such property and may, for this purpose, after giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose.
Powers and duties of the Custodian generally. See now the Companies Act, 1 of Provided that the Custodian shall not take charge of such management of the company except with the previous approval of the Central Government;]. 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.
Certain words omitted by Act 91 ofs. Special provisions with respect to certain trust properties. Power to vary or cancel leases or allotments of evacuee property. Payments to Custodian to be valid discharge. Recouping of expenditure by Custodian. Any expenditure incurred by the Custodian in the exercise of any power conferred by or under this Act shall, in relation to any evacuee property in respect of which it has been incurred, be a charge on such property and shall, subject to the provisions of section 51, have priority over all other charges on the property, and such expenditure may be met or recouped by the Custodian out of the income accruing from such property or the sale proceeds thereof.
Maintenance of accounts by Custodian. Restoration of evacuee property. Any person aggrieved by an order made under section 7, section 40 or section 48 may prefer an appeal– a to the Custodian, where the original order has been passed by a Deputy or Assistant Custodian and the amount or the value of the property which is the subject- matter of the order does not exceed two thousand rupees.
Effect of repeal of Chapter IV. Provided that no appeal from an pf of a Deputy Custodian shall be made over for disposal to the authorized Deputy Custodian. Powers of revision of Custodian- General. Provided that the Custodian- General shall not pass an order under this sub- section prejudicial to any person without giving him a reasonable opportunity of being heard. Finality of orders under this Chapter. Save as otherwise expressly provided in this Chapter, every order made by the Custodian- General, 4 Custodian, Additional Custodian, authorized Deputy Custodian, deputy Custodian or Assistant Custodian shall be final and shall not be called in question in any Court by way of appeal or revision or admknistration any original suit, application or execution proceeding.
The words” District Judge or” omitted by Act 91 ofs. Sub- sections 1A2 and 3 omitted by s. The words” District Judge” omitted by Act 91 ofs. Penalty for causing damage to evacuee property. Any person who wilfully destroys or causes damage to any evacuee property or unlawfully converts it to his own use shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
Penalty for offences not expressly provided for.
Any person who contravenes any provision of this Act or of avt rule or order made thereunder, or obstructs the lawful exercise of any power conferred by or under this Act, or makes default in complying with any requirement of this Qdministration or of any rule or order made thereunder, shall, if no express provision is made by this Act for punishment of such contravention, obstruction or default, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
Any person who abets any of the offences punishable under this Act shall be punishable with the punishment provided for the offence. Offences to be cognizable. Notwithstanding anything contained in the Code of Criminal Procedure, 5 ofall offences under this Act shall admonistration cognizable. No prosecution for any offence punishable under this Act shall be instituted properry with the previous sanction of the 1 Central Government] or of any officer authorized in this behalf, by general or special order, by the 1 Central Government].
Offences may be tried summarily. Any magistrate empowered to try in a summary way the offences specified in sub- section 1 of section of the Code of Criminal Procedure, 5 ofmay, if an application is made in this behalf by the complainant and the Magistrate thinks fit, try any offence under this Act in accordance with the provisions contained in sections to of that Code, but nothing contained in sub- section 2 of section of that Code shall apply to any such trial.
The words” or does not leave” omitted kf Act 91 ofs. Provided that where any application for confirmation of a transfer is rejected on the ground specified in clause b of this rejected on the ground specified in clause b of this sub- section evaxuee powers conferred on the Custodian by this section shall administfation be exercised unless the Custodian finds that the transaction has been entered into in good faith.
Transactions relating to evacuee property void in certain circumstances. Subject to the other provisions contained in this Act, every transaction entered into by any person in respect of property declared or deemed to be declared to be evacuee property within the meaning of this Act, shall be void unless entered into by or with the previous approval of the Custodian.
administration of evacuee property act, | India Judgments | Law | CaseMine
The Custodian may, for the purpose of securing, administering, preserving and managing nay evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act, require any person to submit to him such accounts, books or other documents or to furnish to evacuse such information relating to any evacuee property as he may reasonably think necessary.
Vesting of property in Custodian not affected by death of evacuee, etc. Where in pursuance of the provisions of this Act any property has vested in the Custodian, neither the death of the oof at any time thereafter nor the fact that the evacuee who had a right or interest in that property had ceased to be an evacuee at any material time shall affect the vesting or render invalid anything done in consequence thereof. Certain officers to be public servants.
The Custodian- General, the Custodian and every other person duly appointed to discharge any duties imposed on them by this Act or the rules or orders made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 45 of Powers of the Custodian while holding inquiry. For the purposes of holding any inquiry under this Act, custodian shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 5 of Sub- section 8 omitted by Act 91 ofs.
Jurisdiction of Civil Courts barred in certain matters. Save as otherwise expressly provided in this Act, no Civil or Revenue Court shall have jurisdiction– a to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not evacuee property; or 1. Protection of action taken in good faith. Record to be public documents. All records prepared or registers maintained under admlnistration Act shall be deemed to be public documents within the meaning of the Indian Evidence Act, 1 ofand shall be presumed to be genuine until the contrary is proved.
Notice of suits to the Custodian. Fees payable to the Custodian. The Central Government may, by notification in the Officer Gazette, declare that all or any of the provisions of this Act or of the rules made thereunder shall not apply, or shall be deemed never evackee have applied, or shall cease to apply, or shall apply only with such 1.
Power to give directions. The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions contained in this Act or of any rules or orders made thereunder.
Power of Central Government to take action with regard to evacuee property. The central Government may, for the purpose of regulating the administration of any property which has vested in the Evacyee under the provisions of this Act, pass such order or direct such action to be taken in relation thereto as, in its opinion, the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act.
Power to make rules. Original sub- section 2 was omitted by Act 91 ofs. Temporary amendment of section 54 of the Indian Income- tax Act, During the continuance of this Act, proprety section 3 of section 54 of the Indian Income- tax Act, 11 ofshall have effect as if after clause o thereof, the following clause had been inserted, namely: Sub- section 3 omitted by Act 91 ofs.