Administration of Evacuee Property (Central) Rules,1950
- 1. Short title.
- 2. Definitions.
- 3. Conditions of service of the Custodian-General and other officers.
- 4.. Rule 4
- 5. Rule-5
- 6. Manner of inquiry under Sec.7.
- 7. Notification of evacuee property under sub-section (3) of Sec. 7.
- 8. Notice to surrender possession under sub-section (4) of Sec. 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.
- 15-A. Procedure for making applications for grant of certificates under Sec. 16.
- 15-AA. Certain applications for grant of a certificate under Sec. 16 may be entertained although made beyond time.
- 15-B. Classes of persons to whom certificates under Sec. 16 may be granted.
- 15-C. Conditions subject to which certificates under Sec. 16 may be granted.
- 16. Terms and conditions which a Custodian may impose while making an order for restoration of property under Sec. 16.
- 17. Rul 17
- 18. Enquiries under Sec. 22 in pending cases.
- 19. Rule 19
- 20. Procedure for the confirmation of transfers under Sec. 40.
- 20-A. Application for obtaining approval under Sec. 40 in respect of transfers.
- 21. Rule 21
- 22. Rule 22
- 23. Management of trust properties.
- 24. Leases of evacuee property.
- 26. Administration and other charges.
- 27. Administration charges for moveable properties.
- 28. Manner of service or publication of notice, summons or order.
- 29. Rule 29
- 30. Examination witnesses.
- 31. Appeals, Review and Revisions.
- 33. Basic record of property to be maintained in property section.
- 34. Powers of managers.
- 36. Seal.
- 37. Restitution.
- 38. Receipts.
- 39. Maintenance of records and registers.
- 40. Personal deposit account to be closed.
- 41. Payments.
- 42. Rule 42
- 43. Payment by Custodian.
- 44. Monthly statement of administrative charges.
- 45.. Rule 45
- 46. Record of payments.
- 47. Rule 47
- 48. Rule 48.
- 49. Repeal.
- 50. FORM NO. 1 (APPENDIX-A)
- 51. FORM NO. 2 (APPENDIX-A)
- 52. FORM NO.-3 ( APPENDIX-A)
- 53. FORM No.- 4 (APPENDIX-A)
- 54. FORM NO.- 5 ( APPENDIX-A)
- 55. FORM NO.-6 (APPENDIX-A)
- 56. FORM NO.-7 (APPENDIX-A)
- 57. FORM No.-8 (APPENDIX-A)
- 58. FORM No.-9 (APPENDIX-A)
- 61. FORM No.-12 (APPENDIX-A)
- 63. FORM No. 14 (APPENDIX-A)
- 70. FORM No.-21 (APPENDIX-A)
- 71. FORM No. 22 (APPENDIX-A)
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. XXXI of 1950).
(b) “Form” means a form appended to these rules.
(c) “Section” and “sub-section” mean, respectively, a section and sub-section of the Act.
(d) All other terms and expressions used herein but not defined shall have the meanings 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.. Rule 4
The Central Government may appoint as many Deputy and Assistant Custodian-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 Custodians-General may assign to them.
5. Rule-5
1 Rule-5
1. Omitted by Notification No. S.R.O. 667, dated 20th February, 1957.
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 facie 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 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 service may be effected in any manner provided in rule 28.
(4) Where a notice had 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 parts 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 I-le should not be deemed to be an evacuee and why the property or his interest therein should not be declared an 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 statement. 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, it any, which the party appearing so 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 Sec. 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 No. 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 notification shall not be deemed to detract from the validity of such a notification or otherwise 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 Sec. 8.
(1) On the publication of a notification under rule 7 a notice in Form No. 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 authorized 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.
(i) 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 No. 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 evictions or seizures with the use of such force as may be neccessary.1
(ii) 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.
(iii) 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.
(iv) The Custodian, the Additional Custodian or the Authorized 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.
1. Bai Marium v. Assistant Custodian, Evacuee Property, A.I.R. 1952 Sau. 1 at p. 2.
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 mariner 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 of the lease-money or the licence-fee, as the case may be, to the Custodian or to any person authorized 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-sharers, 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 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:
Provided that where the share of the evacuee in such property exceeds one-half of the whole property, possesstion of the whole property may be taken in the manner provided in sub-rule (1) or sub-rule (2), whichever is applicable.
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 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 the 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 authorized by him to receive the payment.
(2) Where such property i s a share in a joint- stock company, not being a joint-stock company referred to in sub-clause (ii) of Cl. (f) of Sec. 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 notice requiring such authority to make all payments in respect of such securities, stock, or debentures to the Custodian or any other person authorized 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 cither for the continuance or for the winding up of such business.
13. Preparation of Inventory of moveable property.
Where the Custodian takes possession of any moveable property including any stocking 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 supurdar (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 and 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 satisfied 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 mav 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 of 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 accommodation; 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 so situate:
Provided that no allotment shall be cancelled under this sub-rule I if any house built by the allottee or by any person normally residing with him or dependent on him or any residential accommodation otherwise acquired by the allottee or any such person has been requisitioned by the Government
Provided further that the Custodian shall not evict an allottee(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 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 allotment 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 Sec. 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:]
Provided that where an allotment is cancelled or varied under Cl. (ii), the allottee shall be entitled to retain such portion of the land as is not in excess of the land to which he would have been entitled under the scheme of quasi-permanent allotment of land:]
5[Provided further that nothing in this sub-rule shall apply to any application for revision, made under Sec. 26 6[or Sec. 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 No. S. R.O. 1673, dated 21 st May, 1954.
2. Subs. by Notification No. S.R.O. 1290, dated 22nd July, 1952.
3. Subs. by Notification No. S.R.O. 667, dated 20th February, 1957.
4. Subs. by Notification No. S.R.O. 351, dated 13th February, 1953.
5. Added by ibid.
6. Ins. by Notification No. S.R.O. 1668. dated 25th August, 1953.
15. Procedure for restoration of property.
115. Procedure for restoration of property.
(1) An application for restoration of evacuee property shall be made to the Central Government or to any person authorized 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 authorized person, as the case may be, shall cause an inquiry to be held through the Custodian-General of 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.]
1. Subs. by Notification No. S.R.O. 667, dated 20th February, 1957
15-A. Procedure for making applications for grant of certificates under Sec. 16.
115-A. Procedure for making applications for grant of certificates under Sec. 16.
(1) An application for restoration of evacuee property under sub-section (1) of Sec. 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 for 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 Sec. 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 Sec. 16 which is pending on the appointed date.]
1. Ins. by Notification No. S.R.O. 1673. dated 21st May, 1954.
2. The words “for a certificate” omitted by S.R.O. 667, dated 20th February, 1957.
15-AA. Certain applications for grant of a certificate under Sec. 16 may be entertained although made beyond time.
115-AA. Certain applications for grant of a certificate under Sec. 16 may be entertained although made beyond time.
An application for restoration of an evacuee property made under sub-section (1) of Sec. 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 15-A for making such an application had expired.)
1. Ins. by Notification No. S.R.O. 158, dated 4th January, 1955.
15-B. Classes of persons to whom certificates under Sec. 16 may be granted.
1[An order for restoration under Sec. 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 Pakistan but returned to India before the 18th July, 1948, and has settled therein
Provided that such person has not subsequently visited Pakistan except in the circumstances and subject to the conditions specified in Cl. (b) or Cl. (c),
(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 circumstances 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 emergency 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 other 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 emergency 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 necessaries 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 circumstances 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 subsequently 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 during 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.
(5) 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 visting India merely for the purpose of looking after his property or other interest.]
1. Subs. by Notification No. S.R.O. 667. dated 20th February, 1957.
2. Subs. by Notification No. S.R.O. 1673, dated 21st May, 1954.
15-C. Conditions subject to which certificates under Sec. 16 may be granted.
1[An order for the restoration of any property under Sec. 16 may contain] all or any of tie following conditions, namely:
2[(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 No. S.R.O. 667, dated 20th February, 1957.
2. Ins. by Notification No. S.R.O. 1673. dated 21 st May, 1954.
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 Sec. 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 Cl his functions under the Act, or which otherwise seem to be necessary for carrying out the purpose of the Act.
17. Rul 17
1Rule 17
1. Omitted, by ibid.
18. Enquiries under Sec. 22 in pending cases.
118. 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 (XI of 1953).
(2) In addition to the circumstances mentioned in the explanation to Sec. 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 (XI of 1953), if the person fails to appear on the date specified in the notice the Custodian shall proceed to give the findings ex parie.
(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.]
1. Subs. by ibid.
19. Rule 19
1[19. * * *]
1. Omitted by Notification No. S. R. 0. 1673. dated 21 st May. 1954.
20. Procedure for the confirmation of transfers under Sec. 40.
(1) An application for confirmation under 1[sub-section (1) of Sec. 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 consideration 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 transferred 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 transferor 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 Sec. 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 consideration 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 be entitled to any refund of the balance.]
1. Subs. by ibid.
2. Ins. by Notification No. S.R.O. 1673, dated 21 st May, 1954.
20-A. Application for obtaining approval under Sec. 40 in respect of transfers.
120-A. Application for obtaining approval under Sec. 40 in respect of transfers.
(1) An application for obtaining previous approval under Sec. 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 Sec. 40, the Custodian shall give such approval unless proceedings in respect of the property which is sought to be transfer-red are pending under the Act for declaring the property to be evacuee property.]
1. Ins. by Notification No. S.R.O. 1673, dated 21 st May, 1954.
21. Rule 21
1[21. * * *]
1. Omitted by ibid.
22. Rule 22
1[22. * * *]
1. Omitted by Notification No. S. R.O. 667, dated 20th February, 1957.
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, recourse may be had to Sec. 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 authority of the Central Government.
74. FORM No.-25 (APPENDIX-A)
FORM No.-25
[SEE RULE 39 (XII)]
CASH BOOK FOR THE MONTH OF ………… 19.
| Date | Sl. No | Sector or section | Receipt No. | On what account and from whom received | Cash In | |||
|
||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Date | Sl. No | Sector or section | Vr. No. | On what account and from whom received | Amount Paid at treasury | Remarks | ||
|
||||||||
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
26. Administration and other charges.
(1) A fee equivalent to 10 percent. of gross realizations made from evacuee property shall be charged as administration charges from the date on which the property is taken over by the Custodian.
Explanation. -The sub-rule applies to Part “C” States only.
(2) A fee equivalent to 10 percent of gross realization 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 realize 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 Notification No. S.R.O. 1673, dated 21st May, 1954.
27. Administration charges for moveable properties.
1Administration charges for moveable properties. (1) Where any moveable evacuee property is returned under Sec. 16, or is disposed of by sale 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 a general or special order from time to time, direct.
(2) This rule applies to Part “C” States only.]
1. Subs. by Notification No. S.R.O. 1673, dated 21st May, 1954.
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 premises concerned or at the last known place of business or residence of the person concerned or by publication in a daily or weekly newspaper or by proclamation by beat of drum in the locality.
29. Rule 29
1[29. * * * *]
1. Omitted by Notification No. S.R.O. 667, dated 20th February, 1957.
30. Examination witnesses.
The Custodian shall be entitled to issue a commission for recording statement on oath of any person, as provided in Order XXVI of the Code of Civil Procedure.
1[30-A. 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 try or 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 re-try it, or proceed from the point at which it was transferred or withdrawn.]
1. Subs. by Notification No. S.R.O. 1673, dated 21st May, 1954.
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 the order appealed against and when they lie to 2[* * *] the Custodian-General, within sixty days of such date.
(2) The petition of appeal shall be presented in person or through a legal practitioner or a recognised agent when the appeal lies to 2[* * *] the Custodian-General. 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 Order XLI 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 recognized 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 Sec, 6[4] and 12 of the Indian Limitation Act, 1908 (XI of 1908)7, shall, so far as they are applicable, apply to all petitions of appeal or revision;
(b) The provisions of Sec. 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 Sec. 5 of the said Act should be applied, the question shall be referred to the Custodian-General whose decision thereon shall be final.
(7-A) Where any petition of appeal or revision has been dismissed by any authority during the period specified in Cl. (b) of sub-rule (7) on the ground only that such petition was barred by limitation and that time could not be extended because Sec. 5 of the Indian Limitation Act, 19087, was 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 8[* *] 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 8[***] 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 No. S.R.O. 667. dated the 20th February, 1957.
2. Omitted by ibid.
3. Subs. by ibid.
4. Omitted by ibid.
5. Subs. by Notification No. S.R.O. 2183, dated 20th September, 1956.
6. The figure “5”oniitted by Notification No. S.R.O. 1385, dated 5th,Ji-ine, 1956.`
7. See now the Limitation Act, 1963.
8. The words “or review” omitted by Notification No. S.R.O. 667, dated 20th February, 1954.
32. Fees.
(1) The following fees shall be payable in respect of petitions, applications 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 | |
| (i) To the Custodian-General | 20.0 | ||
| (ii) To the Custodian or Additional Custodian 1[* *] | 10.0 | ||
| 2[* * * *] |
| (II) | Petitions- | ||
| For revision when made to the Custodian-General | 10.0 |
| (III) | Applications- | |||
|
10.0 |
| (II)Any application under Sec. 40 for confirmation of transfer- | 10.0 | ||
| (a) | Where the consideration for transfer does not exceed Rs. 1,000. | 10.0 | |
| (b) | Where the consideration for the transfer exceeds Rs. 1,000 but does not exceed Rs. 5,000 | 10.0 | |
| (c) | Where the consideration for the transfer exceeds Rs. 5,000 but does not exceed Rs, 10,000 | 10.0 | |
| (d) | In all other cases | 10.0 |
| 3[(iii) * * * *] | |||
| (iv) Any application for a copy of any document or order | 0.20 |
| (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 | |
| (B) | When made to any other officers | 1.00 |
| (vi) Any application of a miscellaneous nature not otherwise provided for 4[* * *] | 0.20 |
| IV | (a) Applications under Sec. 23 for an intending evacuee being called upon to pay up the efficiency on the consideration paid by him for an evacuee property in Pakistan | 5.00 | |
| (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 otherwise provided for | 0.20 |
(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 authorize in this behalf.
1. The words “or the especially designated District Judge “omitted by Notification No. S.R.O. 667, dated 20th February, 1957.
2. Clauses (ii), (iii) and (iv) omitted by ibid.
3. Omitted by Notification No. S.R.O. 1673, dated 21st May, 1954.
4. Omitted by ibid.
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 properties 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 responsible 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 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 Sec. 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.
into force on the 6th day of July, 1974, except section 14 which shall come into force at once.
Section 35 error
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 authorize 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 Sec. 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 authorized to act on their behalf:
(i) An Index Register shall be maintained in Form No. 14 in which the names of evacuee shall be entered in alphabetical order. Reference 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 and 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 owner, full specifications of property and assessed rent recoverable in respect of each item. Particulars of factories and workshops shall be recorded in a separate register in the same form. A separate account of receipt 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 balance 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 recor6ed in the Sales Register (Form No. 19), the signature or thumb impression of the last bidder being obtained in column 11 of the form.
40. Personal deposit account to be closed.
140. 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 credited into the treasury in favour of the Pay and Accounts Officer, Ministry of Rehabilitation, New Delhi, for credit under a distinct detailed head “Transaction on account of unacquired evacuee property” subordinate “Section S-Deposits and Advances-Part II-Deposits not bearing interest C-Other Deposit Accounts-Departmental and Judicial Deposits-Civil Deposits-Personal Deposits”. Copies of the treasury challans, marked original, for such deposits shall be forwarded to the Pay and Accounts Officer, Ministry of Rehabilitation, in advance, to enable him to watch the credits.
(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 district 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 for-warded in advance to enable him to which the credits.]
1. Subs. by Notification No. S.O. 2102, dated 25th September, 1958.
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. These 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. Rule 42
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 be made except after the payee has prescribed 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 for 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
1. Subs, by Notification No. S.O. 2102, dated 25th September, 1958.
44. Monthly statement of administrative charges.
144. Monthly statement of administrative charges.
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, etc. Central”. 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 Form No. 29.]
1. Subs. by Notification N o. SO, 2102, dated 25th September, 1958.
45.. Rule 45
The total months 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.
46. Record of payments.
1[Each Custodian of evacuee property shall maintain a record of payments claimed from the Pay and Account s Officer, in Form No. 29. He shall also compile monthly a statement of expenditure in Form No. 30 and send it to Custodian-General-cum-Chief Settlement Commissioner for reconciliation with the office of the Pay and Accounts Officer, Ministry of Rehabilitation.]
1. Subs. by Notification N o. SO, 2102, dated 25th September, 1958.
47. Rule 47
1[47. * * * * *]
1. Omitted by ibid.
48. Rule 48.
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.
149. Repeal.
The rules contained in the following notifications, namely:
(i) The Notification of the Government of Punjab in the Relief and Rehabilitation 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 repeated
Provided that 2[* * *] 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-
3[* * *]
1. Ins. by Notification No. S. R.O. 1290 dated 22nd July 1952.
2. The words “subject to the next succeeding proviso” omitted by S.R.O. 381. Dated 4th August 1952.
3. Second proviso omitted by ibid.
50. FORM NO. 1 (APPENDIX-A)
APPENDIX-A
FORM NO. 1
(See rule 6 (1)]
OFFICE OF THE CUSTODIAN OF EVACUEES PROPERTY
NOTICE
Dated 19.
To
Shri…………………………….
Whereas there is credible information in possession of the Custodian that you are an evacuee under cl. (iii) of Sec. 2(d) of the administration of Evacuee Property Acton account of the grounds mentioned below:
And whereas it is desirable to bear you in person
Now, therefore, you are hereby called upon to show cause (with all material evidence on which you wish to rely) why orders should not be passed declaring you an evacuee and all your property as eacuee property under the provisions of the said Act.
The hearing of your case is fixed before the undersigned in Room No……….on………..19 at…………..
Grounds: Acquisition of any right to interest in or benefit from any evacuee or abandoned property in Pakistan, otherwise than by way of purchase or exchange.
Deputy
Custodian.
Assistant
51. FORM NO. 2 (APPENDIX-A)
FORM NO. 2
[See rule 7 (2)]
OFFICE OF THE CUSTODIAN OF EVACUEES PROPERTY
NOTIFICATION
Dated …. 19….
In pursuance of sub-section (2) of Sec. 7 of the Administration of Evacuee Property Act 1950, the Custodian for the State of………is pleased to notify for general information the list of the evacuee properties specified in the schedule annexed hereto, which have vested in him.
SCHEDULE
Serial No. | Description | Locality
Serial No. | Description | Locality
Custodian of Evacuees Property.
52. FORM NO.-3 ( APPENDIX-A)
FORM NO.-3
[See rule 8 (1)]
OFFICE OF THE CUSTODIAN OF EVACUEESPROPERTY
Notice under sub-section (4) of sec. 8 of the Administration of Evacuee Property Act, 1950
Whereas the under-mentioned property has vested in the Custodian under Sec. 8 of the Administration of Evacuee Property Act, 1950, I hereby demand that the possession of the said property be surrendered by you to me or to……… authorized by me, by……. failing which you will be evicted from the under-mentioned premises, with such force as may be necessary for the purpose.
Serial No. | Description | Locality
Custodian of Evacuees Property.
Dated………..
To
……………………………
………………………..
53. FORM No.- 4 (APPENDIX-A)
FORM No.- 4
[See rule 9 (1)]
OFFICE OF THE CUSTODIAN OF EVACUEESPROPERTY
WARRANT OF EVICTION
Warrant of Eviction under Sec. 9 of the Administration of Evacuee Property Act, 1950
Whereas a notice in writing dated…….. in which a demand to surrender the possession of under-mentioned property was made to…………..
And whereas he has refused or failed to vacate the said property.
Now, therefore, in exercise of the powers vested in me by Sec. 9 of the said Act, I hereby order that……..be evicted forthwith from the said property and the same be taken into possession. I also order the use of such force as may be necessary for the purpose of eviction and for taking the property into possession.
Given under my hand and seal this………………day of ……………;19
Serial No. | Description | Locality
Custodian of Evacuees Property
THE FORM OF THE BOND
54. FORM NO.- 5 ( APPENDIX-A)
FORM NO.- 5
(See rule 11)
OFFICE OF THE CUSTODIAN OF EVACUEES PROPERTY
Know all men by these presents that we………(Supurdar) and (Surety) do hereby binds ourselves and each of us, our and each of our bears, executors and administrators to pay to the President of India on demand the sum of Rs……….
Dated this……….day of…………….19
Whereas the above-bounden (Supurdar) has been entrusted by the Custodian of Evacuee Property (hereinafter called “the Custodian”), with the custody of the property mentioned in the schedule hereunder written.
Now the condition of the above-written bond is such that if the above-bounden (Supurdar) shall duly hand over to the Custodian whenever demanded by him, the property, mentioned in the schedule hereunder written in good order and condition and shall duly account for any loss which the owner of the property may suffer by reason of any default or neglect on his part and shall, until delivery to the Custodian as aforesaid property maintain and take care of the said property and shall obey all orders of the Custodian in respect thereof then and in such case the above-written obligation shall be void and of no effect; otherwise it shall be and remain in full force and virtue. (Supurdar) in the presence
The schedule referred to………………..(Supurdar) in the presence of…………..
Signed and delivered by the above-bounden (Surety) in the presence of……………Two witnesses
55. FORM NO.-6 (APPENDIX-A)
FORM NO.-6
(See rule 13)
OFFICE OF THE CUSTODIAN OF EVACUEESPROPERTY
Dated 19
INVENTORY
List of properties recovered on ….for the House / Factory / Shop / Garden of..at…No….Mohalla……..City…
Serial No. | Description | Locality
Witnesses
(1)
(2)
Signature of official
recovering the property.
Counter-signature of Assistant
Deputy Custodian
56. FORM NO.-7 (APPENDIX-A)
FORM NO.-7
[See rule 20 (4)]
OFFICE OF THE CUSTODIAN OF EVACUEES PROPERTY
To
………………………
……………………..
Whereas the transferor/transferee……… has presented an application dated……… to the Custodian for confirmation of the transfer as specified below:
You are hereby required to be present on……. at ……..in the office of the Custodian.
You may also bring any papers in your possession relevant to the inquiry.
Custodian of Evacuees Property
PARTICULARS OF TRANSFER
57. FORM No.-8 (APPENDIX-A)
FORM No.-8
[See rule 25 (2)]
CUSTODIAN OF EVACUEES PROPERTY
Dated…………..19
Book No…………………
Receipt……..No………..Rs……………Rupees…………….on account of…………..
Signature of Cashier/Official grating receipt.
58. FORM No.-9 (APPENDIX-A)
FORM No.-9
[See rule 25 (3)]
OFFICE OF THE CUSTODIAN OF EVACUEES PROPERTY
Book No. Receipt No. Place..
Dated…..
Received from………………………………..Rs………………..(Rupees…………) in cash/by cheque on account of rent/lease money in respect of ………….for……..@Rs…………………………………………….Previous Receipt No.
Signature
Designation
59. FORM No.-10 (APPENDIX-A)
FORM No.-10
[See rule 23 (a)]
Register of Immoveable Property
| Sl. No. | Locality | Municipal House No. | Ration House No. | Designation of property by name, if any, and by type of building for instance residential, bungalow, shop, cinema, theatre, mosque, factory, etc | Name and address of owner | Accommodation available, No. and size of rooms, store rooms, verandah, kitchen, bathroom, courtyard, etc | Present condition of the building |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Sl. No. | Locality | Municipal House No. | Ration House No. | Designation of property by name, if any, and by type of building for instance residential, bungalow, shop, cinema, theatre, mosque, factory, etc | Name and address of owner | Accommodation available, No. and size of rooms, store rooms, verandah, kitchen, bathroom, courtyard, etc |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| Date of occupation | No. of his family member and their Ration Cards Nos. Their names, ages and relationship to the head | Description of present occupation, i.e business, service or other avocation | His income from immoveable property before he left Pakistan | Name of Factory Inspector who surveyed | Name or officer who checked |
| 16 | 17 | 18 | 19 | 20 | 21 |
| No. and date of tenancy deed executed | Municipal assessment | Assessed rent (per mensem) | Date of application | Restored on | Remarks |
| 22 | 23 | 24 | 25 | 26 | 27 |
60. FORM No.-11 (APPENDIX-A)
FORM No.-11
[See rule 33 (b)
Register of Inventories of moveable property of……………………………..
Address ………………
Locality …………………….
Value as per report of Deputy Custodian
|
Condition in which taken over | Initials | Ref to order, if restored rent on hire or otherwise | Ref. to Sl. No. in the sale list | Sale-proceeds received
|
Initials | Rmrks | ||||||||
61. FORM No.-12 (APPENDIX-A)
FORM No.-12
[See rule 33 (b)]
MALKHANA LABELS
Name of estate…………………………………………..
Date of possession………………………………………
Serial No. Register of Valuables……………………….
62. FORM No. 13 (APPENDIX-A)
FORM No. 13
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[See rule 33 (c)]
REGISTER OF VALUABLES
| Value as per report of Deputy Custodian | Condition in which taken over | Initials | Ref. to order, if restored rent on hire or otherwise | Ref. to Sl. No. in the sale list | No.and date of receipt | Amount Rs.| P. |
Initials | Rmrk |
63. FORM No. 14 (APPENDIX-A)
FORM No. 14
[See rule 39 (i)]
INDEX REGISTER
1. Serial No.
2. Name and fathers name of evacuee with address before evacuation.
3. Firms name, if any.
4. Name of register.
* * * Reference to page thereof
(a) Register of moveable property.
(b) Register of immoveable property.
(c) Register of debts or claim due to evacuee.
(d) Register of agricultural property.
(e) Ledger.
5. Dates on which property restored or disposed of
6. Remarks.
64. FORM NO. 15 (APPENDIX-A)
FORM NO. 15
[SEE RULE 39 (ii)]
LEDGE ACCOUNT OF THE ESTATE OF………..EVACUEE
Address
| Immoveable Prop. Register No. | Agricultural Property | Moveable Property | Debts or claims due to Evacuee |
| Register No. | Page No. | Register No. | Page No. | Register No. | Page No. | |
| 123456 | 12 | 123456 |
| Month | Particulars of transactions | CREDIT Register No. Page | Amnt | Progressive Total No. Page | Initials | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| DEBITS Reg. No. Page | Amount | Progressive Total | Balance | Initials | Remarks |
| 8 | 9 | 10 | 11 | 12 | 13 |
65. FORM No. 16 (APPENDIX-A)
FORM No. 16
[See rule 39 (iii)]
Receipts and Payments on account of Immoveable Property (other than Agricultural Property)
1. Ward No.
2. Name or street/lane.
3. Municipal No. of House/Business Premises/Factory.
4. Name of owner with parentage and address.
5. Name or occupant with parentage.
6. Date of occupation.
7. Assessed Rent; Licence Fee.
8. House Tax/ Water charges, if recoverable.
| RECEIPT | PAYMENT | REMARKS |
| Serial No. | No. and date of Challan Receipt | Brief particulars and period | Amount | Initials | Remarks | Date of payment |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| No. of vouchers and date. | House tax | Water tax | Repairs | Miscellaneous | Administrative charges and custodians fee | Total Rs |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
66. FORM No. 17 (APPENDIX-A)
FORM No. 17
[SEE RULE 39 (III)]
Receipts and Payments on account of Immoveable Property (Agricultural)
1. Reference to page No. of Basic Record-Register of Immoveable Property.
2. Name of Village, Tehsil and District.
3. Khasra No/Other, particulars of property.
4. Name of owner with parentage and address.
5. Name and parentage of persons other than the owner, if any, interested in the property.
6. Interest of evacuee in the property.
7. Name of occupant with parentage and address.
8. Date of occupation.
9. Assessed rent.
10. Period for which rent at item 8 above is assessed
11. Share of evacuee in the rent.
12. Reference to serial No. and page of basic record of Property Register.
| RECEIPT | PAYMENT Nature of Expenditure |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Serial No. | No. and date of Challan Receipt | Brief particulars and period | Amt | Progressive total | Initials | Rmrks | Date of Amt |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| No. of voucher | Taxes on property | Land Revenue including cess | Lambardari fee | Total | Progressive total | Initials | Remarks |
67. FORM No. -18 ( APPENDIX-A)
FORM No. -18
[SEE RULE 29 (IV)
RECEIPTS AND PAYMENTS ON ACCOUNT OF MOVEABLE PROPERTY REFERENCE TO PAGE NO. OF BASIC RECORD
Register of Moveable Property Name Address
| Sale-proceeds | Expenditure |
| Month | S No. | Description of property | No. of articles | Ref.To Sl.No.in thesales list | No. and date of Challan | Amnt | Initials | Rmrks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| No. and date of voucher | Particulars of pmnt | To whom paid | Amnt | Administrative charges and Custodians fee | Total (cols13 and 14) | Initials | Date of verification of balance and remarks, if any |
| 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 |
68. FORM No.-19 (APPENDIX-A)
FORM No.-19
[SEE RULE 39 (IV)]
SALE LIST OF PROPERTY SOLD BY THE CUSTODIAN OF……………
| Serial No. | 1 | |
| Date of sale | 2 | |
| Particulars of property | 3 | |
| Nature of articles, if any | 4 | |
| Name of estate | 5 | |
| Reference to page No. of | 6 | |
| Amount for which sold | 7 | |
| Amount recovered at the time of sale | 8 | |
| Balance left due | 9 | |
| Name of bidders and the amount of bids | 10 | 1 | 2 | 3 | 4 | 5 | 6 |
| Thumb-impression or signature of purchaser, i.e. higher bidder | 11 | |
| No. and date of receipt issued | 12 | |
| Remarks | 13 |
69. FORM No.-20 (APPENDIX-A)
FORM No.-20
[See rule 39 (v)]
Receipt and expenditure account of debts and claim due to…………..
Reference to Basic Recon-I Register of debts and claim & i.e. to evacuee.……..
| 1 | 2 | 3 | 4 | 5 | 6 |
| Month | Serial No. | Debtors name with address | Name of claim | Amount of debt or claim | Ref. To order determining the debts of claim |
| 7 | 8 |
| Amount of debt or claims | Amount received |
| 9 | 10 | 11 | |||
| Expenditure | |||||
|
If restored to the evacuee date and reference to order of restoration | Remarks |
70. FORM No.-21 (APPENDIX-A)
70. FORM No.-21 (APPENDIX-A)
—-
71. FORM No. 22 (APPENDIX-A)
FORM No. 22
[See rule 39 (vii)]
MISCELLANEOUS DEMAND AND COLLECTION REGISTER
1. Serial No.
2. Name and address of person by whom the demand is payable.
3. Name of owner. Particulars of the owner
4. Nature of demand and instalments.
5. Reference to order, if any.
6. Affairs.
7. Current demand.
8. Total
DEMAND
9. Signature of the Assistant Custodian.
10. Number and date of receipt.
11. Amount.
AMOUNT REALISED
12. Balance carried over to next years register.
13. Intitals.
14. Remarks.
Note. – Monthly columns may be provided where necessary to suit local conditions.
72. FORM No. 23 (APPENDIX-A)
FORM No. 23
[SEE RULE 39 (VII)]
RECEIPTS AND PAYMENTS ACCOUNT OF EVACUEE INTEREST IN BUSINESS, COMPANIES, ETC.
| 1 | 2 | 3 | 4 | ||||
| Sl. No. | Name and parentage or evacuee | Name of business company etc., with office in which evacuee has interest | Particulars and extent of interest of the evacuee in the business |
||||
|
| 5 | 6 | 7 | 8 | 9 | 10 | ||||
| Particulars of income or divident etc. due |
Ded uction |
Net amt real izable |
Amt Realized | Personal Ledger A/cs |
Rks | ||||
|
Income Tax etc. |
|
Folio No. |
73. FORM No.-24 APPENDIX-A
FORM No.-24
[SEE RULE 39 (IX)]
DEMAND AND COLLECTION REGISTER FOR AGRICULTURAL PROPERTY
| Sl. No. | Sl. No in the property register | Locality and desc-ription of property | Name and parentage of evacuee owner | Name pare- ntage and orgl. Home address of the present allottee or person | Date of occu-pation and Authority for occup-ation |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Assessed rent or nature or demand | Initial | |||||||
|
|
Realisation Sl. No and date of receipt amount | Balance carried over to next year register | Remarks | ||||
|
|
11 | 12 | 13 |
74. FORM No.-25 (APPENDIX-A)
FORM No.-25
[SEE RULE 39 (XII)]
CASH BOOK FOR THE MONTH OF ………… 19.
| Date | Sl. No | Sector or section | Receipt No. | On what account and from whom received | Cash In | |||
|
||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Date | Sl. No | Sector or section | Vr. No. | On what account and from whom received | Amount Paid at treasury | Remarks | ||
|
||||||||
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
75. FORM No. 25-A (APPENDIX-A)
1[FORM No. 25-A]
Details of the amount deposited in the Treasury in favour of the Pay and accounts officer on account of receipt of Unidentified Moveable Property Unacquired Evacuee
| Serial No. | Treasury Challan No. and date | Name of the treasury where deposited | Amount deposited | ||||||||||||
|
|
|
|
1. Ins by S.R.O. 2102., dated 25-9-1958, Pt. II, Sec. 3 (ii), p. 1904.
76. FORM No.-26 (APPENDIX-A)
FORM No.-26
[SEE RULE 41]
SCHEDULE OF REPAIRS TO EVACUEE PROPERTY FOR THE MONTH OF……
| Sl. No | Description and location of property with name of evacuee owner | Nature of work done by P.W.D. or departmentally | No. and date of letter conveying and ministrative approval | Amount sanctioned | Amount spent | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
Compared with the relevant
Schedule of work expenditure
Divisional Acctt
77. FORM No.-27 ( APPENDIX-A)
FORM No.-27
(SEE RULE 44)
REGISTER SHOWING GROSS COLLECTIONS AND 13% DEDUCTION
| Sl. No. | Ledger Folio of personal ledger account of the evacuee | Monthly gross collection | 10% charge for collection | Total |
| 1 | 2 | 3 | 4 | 5 |
The Administration of Evacuee Property (Central) Rules,1950
78. FORM No.-28 (APPENDIX-A)
FORM No.-28
(SEE RULES 40 AND 45)
SUMMARY OF MONTHLY BALANCES IN THE PERSONAL ACCOUNT
| Sl. No | Name of evacuee with parentage | Ledger Folio |
| 1 | 2 | 3 |
| April | May | June | July | August | Sep. | ||||||||||||||||||||||||
|
|
|
|
|
|
| Oct. | Nov. | Dec. | January | February | March | ||||||||||||||||||||||||
|
|
|
|
|
|
79. FORM NO.-29 (APPENDIX-A)
1[FORM NO.-29
[SEE RULE 46]
CLASSIFIED ABSTRACT FOR THE MONTH OF……….
RECEIPTS
Income from immoveable property
| Urban | Urban |
| Name of District | Lands | Houses | Shops | Factories workshops and other commercial undertakings | Misc | Total A |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Lands | House | Shops | Miscellaneous | Total B | Sale proceeds |
| 8 | 9 | 10 | 11 | 12 | 13 |
1.Subs. by S.O. 2102,dated 25-9-1958.
FORM NO. 29-(CONCLD)
PAYMENT EXPENDITURE OF IMMOVEABLE PROPERTY
| Urban Repairs |
| Name of district | Taxes | (a) Ordinary | (b) Special | Misc | Total A |
| 1 | 2 | 3 | 4 | 5 |
| Rural (Agricultural) |
| Taxes | Land Revenue (including fees) | Lambardari fee | Miscellaneous | Total B | |
| 6 | 7 | 8 | 9 | 10 |
Form 29 contd…… (Payment Expenditure of Immoveable Property)
| Expenditure of Miscellaneous Item of invoice |
| Expenditure on identifiable moveable property | Interest in business concerns | Debits and other claims | Other receipts |
| 11 | 12 | 13 | 14 |
| Total C | Total Expenditure (A,B,C,) | Grand Total (Cols. 16 and 17) | Closing balance |
| 15 | 16 | 17 | 18 |
80. FORM NO.-30 (APPENDIX-A)
1[FORM No.-30
DETAILS OF THE BILLS CLAIMING PAYMENT
FROM THE PAY AND ACCOUNTS
OFFICER, DURING THE MONTH OF 19
| Sl. No. |
Name and paren
tage of evacuee |
Amount claimed | Cheque No. and date if received in payment of the bill | Remarks |
| 1 | 2 | 3 | 4 | 5 |
1. Subs. by S.O. 2102, dated 25-1-1958.
Note: – Columns 1 to 3 are to be filled in as soon as a bail is submitted to the Pay and Accounts Officer; column 4 is self-explanatory
81. FORM No.- 31 (APPENDIX-A)
FORM No.- 31
(SEE RULE- 47)
PROPERTY FOR THE HALF-YEAR ENDING
Name of District………..State……….Agreed/Non-agreed area
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Sl. No | Name and paren tage of evacuee |
Personal Ledger Folio | Particu lars of property |
Present address of evacuee (if known) | Loca tion of prop. |
Rent collec tion and other income |
Expen diture |
Net amt payable to the evacuee | Rmrks |
NOTES. – (1) (i) Separate statements for each district and (ii) agreed and non-agreed areas should be prepared.
(2) Entries relating to each village, town, etc. may be grouped together as far as possible.
(3) Amount on each page should be totalled and signed by the Custodian.
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