Bare Act Search Results

Administration of Evacuee Property Act, 1950 Complete Act

State: Central

Year: 1950

.....for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto. (2) Without prejudice to the generality of the provisions contained in sub- section (1), the Custodian may, for any of the purposes aforesaid, (a) carry on the business of the evacuee; (b) appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section; (c) enter, or authorise any other person to enter, any land or premises to inspect any evacuee property; (d) take all such measures as may be necessary to keep any evacuee property in good repair; (e) complete any building which has vested in him and which requires to be completed; 14[(f), (g) and (h) * * * * * * ], (i) take such action as may be necessary for the recovery of any debt due to the evacuee; (j) institute, defend or continue any legal.....

Administration of Evacuee Property Act, 1950 [Repealed] Chapter I

Title: Preliminary

State: Central

Year: 1950

.....(6-5-1953) Section 2(b), (6-5-1953) Section 2(e), (6-5-1953). Section 3 - [Repealed] [References to enactments not in force in Part B States. (Omitted by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953), S.3 [6-5-1953]]. Section 4 - Act to override other laws 1[(1)] The provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law. 1[(2) For the removal of doubts, it is hereby declared that nothing in any other law control­ling the rents of, or evictions from, any property shall apply, or be deemed ever to have applied, to evacuee property.] _______________________________ 1. Existing section was numbered as sub -section ( 1 ) and sub -section ( 2 ) was added by the Administration of Evacuee Property (Amdt.) Act, 1954 ( 42 of 1954 ), S. 2 , ( 8 - 10 - 1954 ) :

Administration of Evacuee Property Act, 1950 [Repealed] Section 2

Title: Definitions

State: Central

Year: 1950

.....household to which they jointly belong or who owns property or carries on business jointly with such person; (h) "prescribed" means prescribed by rules made under this Act; (i) "property" means property of any kind, and includes any right or interest in such property; (j)"unauthorised person" means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the 14th day of August 1947, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian. _____________________________ 1. The word 'or' and Clause (iv) and (v) were inserted by the Administration of Evacuee Property (Amdt.) Act, 1953(11 of 1953), Section (a)(1),(6-5-1953). 2. Existing Explanation was numbered as Explanation I and Explanations II and III were inserted. by the Administration of Evacuee Property (Amdt.) Act, 1953 (11 of 1953), Section 2(a)(1),(6-5-1953) Section 2(a)(2),(6-5-1953). 3. Clause (e) was omitted, by the Administration of Evacuee Property (Amdt.) Act, 1953 (11 of 1953), Section 2(a)(1), (6-5-1953) Section 2(a)(2), (6-5-1953) Section 2(b), (6-5-1953). 4. Substituted, by the Administration of Evacuee Property.....

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....of the receiverwas valid or not. (6) The receiver shall be entitledto retain out of any money received by him, for his remuneration, and insatisfaction of all costs, charges and expenses incurred by him as receiver, acommission at such rate not exceeding five per cent, on the gross amount of allmoney received as is specified in his appointment, and, if no rate is sospecified, then at the rate of five per cent. on that gross amount, or at suchother rate as the Court thinks fit to allow, on application made by him for thatpurpose. (7) The receiver shall, if sodirected in writing by the mortgagee, insure to the extent, if any, to which themortgagee might have insured, and keep insured against loss or damage by fire,out of the money received by him, the mortgaged property or any part thereofbeing of an insurable nature. (8) Subject to the provisions ofthis Act as to the application of insurance money, the receiver shall apply allmoney received by him as follows, namely. - (i) in discharge of all rents,taxes, land revenue., rates and outgoings whatever affecting the mortgagedproperty; (ii) in keeping down all annualsums or other payments, and the interest on all principal.....

Administration of Evacuee Property Act, 1950 [Repealed] Chapter II

Title: Evacuee Property and Vesting Thereof in the Custodian

State: Central

Year: 1950

.....for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may for any of the purposes aforesaid, (a) carry on the business of the evacuee. (b) appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section; (c) enter, or authorise any other person to enter, any land or premises to inspect any evacuee property; (d) take all such measures as may be necessary to keep any evacuee property in good repair; (e) complete any building which has vested in him and which requires to be completed; 1[(f),(g), (h)********] (i) take such action as may be necessary for the recovery of any debt due to the evacuee; (j) institute, defend or continue any legal.....

Transfer of Property Act, 1882 Chapter III

Title: Of Sales of Immoveable Property

State: Central

Year: 1882

.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....

Transfer of Property Act, 1882 Chapter V

Title: Of Leases of Immoveable Property

State: Central

Year: 1882

.....or local usage (1)In the absence of a contract or local law or usage to the contrary, a lease ofimmovable property for agricultural or manufacturing purposes shall be deemed tobe a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice; and a lease of immovable property for any otherpurpose shall be deemed to be a lease from month to month, terminable, on thepart of either lessor or lessee, by fifteen days' notice. (2)Notwithstanding anything contained in any other law for the time being in force,the period mentioned in sub-section (1) shall commence from the date of receiptof notice. (3)A notice under sub-section (1) shall not be deemed to be invalid merely becausethe period mentioned therein falls short of the period specified under thatsub-section, where a suit or proceeding is filed after the expiry of the periodmentioned in that sub-section. (4)Every notice under sub-section (1) must be in writing, signed by or on behalf ofthe person giving it, and either be sent by post to the party who is intended tobe bound by it or be tendered or delivered personally to such party, or to oneof his family or servants at his.....

Administration of Evacuee Property Act, 1950 [Repealed] Section 8

Title: Vesting of Evacuee Property in the Custodian

State: Central

Year: 1950

.....the commencement of this Act there is pending before the High Court, the Custodian or any other authority for or in any State any proceeding under Section 8 or Section 30 of the Administration of Evacuee Property Ordinance, 1949 (XII of 1949), or under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 1949 (XXVII of 1949), then notwithstanding anything contained in this Act or in any other law for the time being in force such proceeding shall be disposed of as if the definitions of evacuee property' and 'evacuee' contained in Section 2 of this Act had become applicable thereto. 1[(2A) Without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of Custodian in any State shall, notwithstanding any defect in any or the invalidity of, such law or any judgment, decree or order of any Court, be deemed for all purposes to have validity vested in that person, as if the provisions of such law had been enacted by Parliament and such property shall, on the commencement of this Act, be deemed to.....

Administration of Evacuee Property Act, 1950 [Repealed] Section 16

Title: Restoration of Evacuee Property

State: Central

Year: 1950

.....be entertained unless -- (a) before making the application, the applicant has filed all appeals and revision applications permissible under this Act against the order declaring the property of the evacuee to be evacuee property and the Custodian-General has made a final order in the case; and (b) the application is made within sixty days of the final order of the Custodian-General : Provided that any such application by an evacuee who migrated to West Pakistan from the State of Uttar Pradesh during the period between the 1st day of February, 1950 and 31 st day of 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 return of the evacuee to India : Provided further that nothing contained in this sub-section shall apply to an application under sub-section (1) which is pending on the commencement of the Administration of Evacuee Property (Amendment) Act, 1954. Explanation.-- In this sub-section, the expression 'Custodian-General' shall include a Deputy Custodian-General and an Assistant Custodian-General.] 3(2) On receipt of an application under sub-section (1), the Central Government or.....

Administration of Evacuee Property Act, 1950 [Repealed] Section 40

Title: Validity of Transfers Respecting Property Subsequently Declared to Be Evacuee Property

State: Central

Year: 1950

.....not adequate, or (b) that the application was barred by limitation, then, notwithstanding anything to the contrary contained in any law or contract or decree or order of a Civil Court or other authority, but subject to any rules that may be made by the Central Government in this behalf, the Custodian may and shall, where the application for confirmation was rejected by the Custodian-General, if the Costodian-General so directs, exercise any of the following powers in respect of the transfer, namely :-- (i) confirm the transfer if the consideration paid for the transfer is adequate; (ii) confirm the transfer if the transferee agrees to pay to the Custodian the difference in value between the value of the property as assessed by the Custodian and the amount actually paid by the transferee to the transferor; (iii) if the transferee agrees, take possession of such part of the property as, after dividing it by metes and bounds, is equivalent in value to the difference between the value of the property as assessed by the Custodian and the amount paid by the transferee to the transferor; (iv) if the transferee agrees, take possession of the entire property by paying off to.....