Compensation and Rehabilitation Rules, 1955 Complete Act - Bare Act

"In exercise of the powers conferred by Section 40 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954), the Central Government hereby makes the following rules:

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These rules may be called the Displaced Persons (Compensation and Rehabilitation) Rules, 1955.

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In these rules, unless the context otherwise requires"

(a) ˜Act' means the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954);

(b) ˜Acquired evacuee property' means any evacuee property acquired under section 12 of the Act;

(c) ˜compensation' includes rehabilitation grant where such rehabilitation grant is payable along with the compensation;

(d) ˜Government built property' means any property forming part of the compensation pool, which has been built in connection with the rehabilitation of displaced persons by the Central Government or a State Government, and includes any such property built by a local authority in pursuance of a scheme for the rehabilitation of displaced persons sanctioned by the Central Government;

(e) ˜Regional Settlement Commissioner' means a Settlement Commissioner appointed by the Central Government for a specified area;

(f) ˜rural area' means any area which is not an urban area;

(g) ˜standard area' means an area of land whose average settlement yield is ten maunds of wheat or more, but not exceeding eleven maunds or other equivalent produce in value, and whose average maturity is 90 per cent and above;

(h) ˜urban area' means any area within the limits of a corporation, a municipal committee, a notified area committee, a town area committee, a small town committee, a cantonment or any other area notified as such by the Central Government;

Provided that in the case of the quasi-permanent allotment of any property in rural area already made in the States of Punjab and Patiala and East Punjab State Union, the limits of an urban area shall be as they existed on the 15^th August, 1947.

"An application for compensation may be made by a displaced person having a verified claim or if such displaced person is dead, by his successor-in-interest.

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(1) An application for compensation shall be made in the form specified in Appendix 1, to the Settlement Officer within whose jurisdiction the applicant actually and voluntarily resides, or carries on business or personally work for gain.

(2) Every such application shall be accompanied by the following documents;

(a) a questionnaire in the form specified in Appendix II duly answered;

(b) an affidavit in the form specified in Appendix III duly sworn by the applicant and attested by a Magistrate or an Oaths Commissioner or a Justice of Peace or by any other officer competent to administer an oath;

(c) three passport size photographs of the applicant;

(d) a certificate copy of the claim assessment order;

Provided that where it is not possible for the applicant to obtain such certified copy for any reason beyond his control, the Settlement Officer may accept a certificate issued by the authorised officer of the Chief Settlement Commissioner in lieu of such certified copy;

(e) a certified copy of the Refugee Registration Certificate or a Census Card, if any such certificate or card is available with the applicant

(3) Where an application is made by a successor-in-interest of a displaced person having a verified claim, the application shall be accompanied by the following particulars and documents in addition to the documents specified in sub-rule (2) :-

(a) the name and other particulars of deceased claimant and the date and place of his death;

(b) a death certificate from a local body or other authority or a registered medical practitioner or the Lambardar of the village concerned;

(c) particulars of all heirs and other near relatives of the deceased and their respective addresses so far as they are known to the applicant;

(d) a true copy of the will or other document, if any, relating to the succession, on which the applicant relies for having succeeded to the property of the deceased claimant;

(e) an affidavit in support of the particulars specified in clauses (a) and (c) verifying the facts.

(4) The documents referred to in sub-rule (2) and the documents referred to in clauses (b), (d) and (e) of sub-rule (3), may be annexed to one copy of the application only.

(5) Where an applicant desires to receive compensation in cash he shall clearly state at the end of the application the Branch of the Imperial Bank from which he desires to receive the payment.

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The period within which the amount of deduction is to be paid to the Central Government under the proviso to sub-section (1) of Section 8A of the Act shall be six months of the determination of the Principal sum for which the property was mortgaged.

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In determining the value of any portion of any property to be surrendered by the displaced person under clause (b) of the second proviso to sub-section (1) of Section 8A of the Act, the Settlement Commissioner shall have due regard to the value already assigned to such property and the manner of its determination at the time of its allotment to the displaced person.

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On receipt of an application for payment of compensation under Section 4 of the Act, the Settlement Officer shall scrutinise it and if he finds that the application is not in conformity with these rules, he shall return it to the applicant with a memorandum of objections as specified in Appendix IV requiring the applicant to comply with the objections within the time specified by him:

Provided that Settlement Officer may on sufficient cause being shown extend the time so specified by him:

Provided further that if the applicant does not comply with the objections within the extended time given by Settlement Officer, the payment of compensation to the applicant shall be postponed to such date as the Central Government may, by general or special order, specify.

(2) Where the applicant has complied with the objections as directed under sub-rule (1), the Settlement Officer shall accept the application which shall then be disposed of in accordance with the provisions of these rules.

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(1) Where the Settlement Officer has received an application for the payment of compensation under Section 4 of the Act which complies with the provisions of these rules, the Settlement Officer shall issue to the applicant an acknowledgment in the form specified in Appendix V stating the registration number which has been allotted to the applicant.

(2) The Settlement Officer shall retain one copy of the application for verification of public dues and rehabilitation benefits and shall send the duplicate copy of the application to the office of the Chief Settlement Commissioner for verification of the assessed value of the claim in respect of which the application has been made.

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The Settlement Officer shall make such enquiries as may be necessary from any officer or authority for the purchase of ascertaining whether any public dues of the following nature are recoverable from the applicant or any member of his family, namely:

(a) arrears of rent in respect Government built property including conveyance charges;

(b) dues payable to the Custodian in respect of such property;

(c) small urban loans;

(d) house building loans;

(e) small urban loans;

(f) rural loans;`

(g) unpaid installments on account of any property purchased on installment basis;

(h) loans granted by the Rehabilitation Finance Administration constituted under the Rehabilitation Finance Act, 1948 (XII of 1948).

(i) amount spent on the maintenance of the applicant or any member of his family in any home or infirmary, which amounts the applicant has agreed in writing may be adjusted against the compensation payable to him;

(j) loans advanced to a house building co-operative society out of the fund made available to such society by the Central Government or a State Government, together with any interest due thereon;

(k) any other dues payable to the Central Government or a State Government of the Custodian which may be declared as public dues by the Central Government under sub-clause (iv) of clause (d) of Section 2 of this Act.

(2) The Settlement Officer shall ascertain the amount of public dues recoverable from the applicant and the members of his family and if the particulars supplied by the applicant in his application under Section 4 of the Act are incorrect or incomplete or at variance with the facts as ascertained by the Settlement Officer the Settlement Officer shall enquire into the matter in the manner hereinafter provided.

(3) For the purpose of this rule, the expression ˜member of family' means any of the following relatives of the applicant who is residing with him, or is wholly or partly dependant upon him:

(a) father;

(b) mother,

(c) husband,

(d) wife,

(e) son,

(f) unmarried daughter :

Provided that if the applicant proves to the satisfaction to the Settlement Officer that any member of his family was living separately from him before the 14^th August, 1947, the applicant shall not be liable for payment of public dues recoverable from such member.

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(1) The Settlement Officer shall issue a notice of clear fifteen days to the applicant stating the principal points for clarification, if any, and the main statements which are required to be verified.

(2) If the enquiry relates to any discrepancy between the amount as disclosed by the applicant and the amount as found by the Settlement Officer, the notice shall call upon the applicant to show cause why the amount ascertained by the Settlement Officer should not be taken to be amount due from him.

(3) The notice shall state the place, time and date for the appearance of the applicant and shall warn the applicant that if he does not appear at such place, time and date, the matter shall be decided ex-parte.

(4) Where the Settlement Office is satisfied that the place where the applicant resides is more than twenty miles from the headquarters of the Settlement Officer, the applicant may be asked to appear before the Settlement Officer, at some place more assessable to him.

(5) The notice to appear shall direct the applicant to produce all documents in his possession or power upon which he relies in support of his case.

(6) On service of a notice on the applicant under the rule, the applicant shall appear in person or through an agent appointed in writing by him in this behalf who is acquainted with the facts of the case.

(7) The Settlement Officer may examine the applicant or his agent with regard to all or any of the statements of fact made in the application and the substance of such examination shall be reduced to writing by the Settlement Officer.

(8) The applicant shall be required to place copies of all documents on which he relies on the record maintained in the office of the Settlement Officer.

(9) Where the Settlement Officer is satisfied that the notice was duly served upon the applicant and the applicant has failed to appear in response to the notice, the Settlement Officer may decide the matter ex-parte.

Provided that a copy of any ex-parte order passed under this sub-rule shall be served on the applicant by registered post acknowledgment due.

(10) When an ex-parte order is made under this rule the applicant may within thirty days of the date of the service of the order make an application to the Settlement Officer who made the order for setting it aside and if the Settlement Officer is satisfied that the notice was not duly served on the applicant or that the applicant was prevented by any sufficient cause from appearing on the date fixed, the Settlement Officer shall set aside ex-parte order.

Explanation

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For the purpose of this sub-rule, the date of the service of the order shall mean"

(a) Where the order is not returned undelivered, the date when the registered letter was received:

(b) Where the order is returned undelivered, the date when the registered letter was received:

(11) (a) Where at the first hearing the appellant submits all the facts and no controversial issues arise, the Settlement Officer shall make a verification order and forward the application to the Regional Settlement Commissioner.

(b) If, however, the Settlement Officer finds that there is a discrepancy between the statement made by the applicant before him and those recorded by the applicant in his compensation application, the Settlement Officer shall call upon the applicant to explain the discrepancies, and may, for such purpose, postpone the case to enable the applicant to produce evidence in support of his statements.

Summoning of witnesses"

The production of witnesses in support of his case shall be the responsibility of the applicant and reasonable opportunity shall be given to him for the production of such witnesses. Such witnesses shall not ordinarily be summoned by the Settlement Officer:

Provided that the Settlement Officer may, if he deems necessary, summon any witness on behalf of the applicant at the latter's expense :

Provided further that where it is necessary to summon any servant of the Government, such witness shall be summoned at the expense of the Government.

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(1) If after hearing the case, the Settlement Officer is satisfied that no further enquiry is necessary, the Settlement Officer shall pronounce his order on the very day on which the evidence is closed and shall supply a copy of the order to the applicant free of cost.

(2) The order shall contain the points for determination, the decision thereon and brief reasons for the decision. A copy of the order and the original application along with the records of the case shall be forwarded to the Office of the Regional Settlement Commissioner concerned with a summary in the form specified in Appendix VI, a copy of which shall also be kept on record by the Settlement Officer.