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Enemy Property Act 1968 Section 6

Title : Transfer of Property Vested in Custodian by Enemy or Enemy Subject or Enemy Firm

State : Central

Year : 1968

Where any property vested in the Custodian under this Act has been transferred, whether before or after the commencement of this Act, by an enemy or an enemy subject or an enemy firm and where it appears to the Central Government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vesting of the property in the Custodian, then, the Central Government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the Custodian.

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Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 7

Title : Forfeiture of Property in Certain Cases

State : Central

Year : 1976

.....properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1). (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Act, stand forfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this Act then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or the articles of association of the company, forthwith register the Central Government as the transferee of such shares.

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Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 10

Title : Procedure in Relation to Certain Trust Properties

State : Central

Year : 1976

.....ordinarily be less than thirty days, to explain the source of the money or other assets out of or by means of which such property was acquired or, as the case may be, the source of the money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 6 and all the other provisions of this Act shall apply accordingly. Explanation.For the purposes of this section "illegally acquired property", in relation to any property held in trust, includes (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions.

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Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 25

Title : Provisions of the Act Not to Apply to Certain Properties Held in Trust

State : Central

Year : 1976

Nothing contained in this Act shall apply in relation to any property held by a trust or an institution created or established wholly for public religious or charitable purposes if (i) such property has been so held by such trust or institution from a date prior to the commencement of this Act, or (ii) such property is wholly traceable to any property held by such trust or institution prior to the commencement of this Act.

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Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 3

Title : Power to Requisition Immovable Property

State : Central

Year : 1952

.....the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning : Provided that no property or part thereof-- (a) which is bona fide used by the owner thereof as the residence of himself or his family, or (b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned : Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable.

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Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 7

Title : Power to Acquire Requisitioned Property

State : Central

Year : 1952

.....at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or (b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. (4) Any decision or denomination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court. (5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description.

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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.....

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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.....

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Administration of Evacuee Property Act, 1950 [Repealed] Section 7

Title : Notifications of Evacuee Property

State : Central

Year : 1950

.....as may be prescribed to the persons interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee property. 1[(1A) Where during the pendency of any proceeding under sub-section (1) for declaring any property to be evacuee property any person interested in the property dies, the proceeding shall, unless the Custodian otherwise, directs, be continued and disposed of as if such person were alive.] (2) Where a notice has been issued under sub-section (1) in respect of any property, such property shall, pending the determination of the question whether it is evacuee property or otherwise, be incapable of being transferred or charged in any way, except with the leave of the Custodian and no person shall be capable of taking any benefit from such transfer or charge except with such leave. (3) The Custodian shall, from time to time, notify, either by publication in the Official Gazette or in such other manner as may be prescribed, all properties declared by him to be evacuee properties under sub-section (1). _____________________________ 1.Inserted (and shall be deemed always to.....

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Administration of Evacuee Property Act, 1950 [Repealed] Section 7A

Title : Property Not to Be Declared Evacuee Property on or After 7th May 1954

State : Central

Year : 1950

.....issued by any competent authority in India, and who was temporarily residing in Pakistan on that date, shall not be deemed to have been resident in Pakistan on that date within the meaning of Clause (b) of the first proviso. Explanation III.- A person who had left Pakistan for India on or after the 18th day of July, 1948, and who was in India on the 7th day of May, 1954, shall, unless he came to India under a valid permit for permanent return or for permanent settlement, issued under the Influx from Pakistan (Control) Act, 1949, be deemed to have been resident in Pakistan on the 7th day of May, 1954, within the meaning of Clause (b) of the first proviso.] _____________________________ 1.Inserted by the Administration of Evacuee Property (Amdt.) Act, 1954 (42 of 1954), S. 4 (w.r.e.f. 7-5-1954).

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