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Home Bare Acts Phrase: evacuee Page 1 of about 221 results (0.009 seconds)Administration of Evacuee Property Act, 1950 [Repealed] Chapter II
Title: Evacuee Property and Vesting Thereof in the Custodian
State: Central
Year: 1950
.....of such company is situate in any part of the territories to which this Act extends, and notwithstanding anything to the contrary contained in this Act or the Indian Companies Act, 1913, or in the articles of association of the company : Provided that the Custodian shall not take charge of such management of the company except with the previous approval of the Central Government;] (m) incur any expenditure, including the payment of taxes, duties, cesses and rates to Government or to any local authority3[***]; (n) pay to the evacuee, or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto, any sums of money out of the funds in his possession; (o) transfer in any manner whatsoever any evacuee property, notwithstanding anything to the contrary contained in any law or agreement relating thereto : Provided that the Custodian shall not sell any immovable property or any business or other undertaking of the evacuee, except with the previous approval of the Custodian-General. 4[(p) acquire any non-evacuee interest in evacuee property, whether by way of purchase or otherwise : Provided that no such acquisition shall be made.....
View Complete Act List Judgments citing this sectionEvacuee Interest Separation Act 1951 [Repealed] Chapter II
Title: Separation of Evacuee Interest in Composite Property
State: Central
Year: 1951
.....or the claimant the amount payable under the mortgage debt and redeem the mortgaged property; or (ii) sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof; or (iii) partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim; (c) adopt a combination of all or some of the aforesaid measures: Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub-section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt. Section 11 - Vesting of evacuee interest in the Custodian free from encumberances and payments, etc., to be valid discharge from all claims (1) Where in respect of any property, notice under section 6 is issued but no claim is filed or found to exist or where any claim in respect of such property is found to exist and the competent officer separates the evacuee interest.....
View Complete Act List Judgments citing this sectionAdministration 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.....
View Complete Act List Judgments citing this sectionAdministration 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.....
View Complete Act List Judgments citing this sectionAdministration 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.....
View Complete Act List Judgments citing this sectionBombay Evacuee Interest (Separation) Validating and Supplementary Act, 1953, (Maharashtra) Preamble
Title: the Bombay Evacuee Interest (Separation) Validating and Supplementary Act, 1953
State: Maharashtra
Year: 1953
THE BOMBAY EVACUEE INTEREST (SEPARATION) VALIDATING AND SUPPLEMENTARY ACT, 1953 [Act No. 29 of 1953]1 [14th May, 1953] PREAMBLE An Act to validate and supplement certain provisions of the Evacuee Interest (Separation) Act, 1951, in its application to the State of Bombay. WHEREAS it is expedient to validate and supplement certain provisions of the Evacuee Interest (Separation) Act, 1951, in its application to the State of Bombay; It is hereby enacted as follows :- NOTES 'Evacuee'- The people who have been removed from (one place to another). "Evacuee Interest' means the right, title and interest of an evacuee in that property. The Collector as Deputy Custodian has to exercise the powers under the various sections for the administration of the Act. His work is restricted to the management of properties which could not be finally disposed off. ________________ 1. For Statement of Objects and Reasons, See Bombay Government Gazette, 1953, Part V, p. 302.
View Complete Act List Judgments citing this sectionAdministration 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.....
View Complete Act List Judgments citing this sectionAdministration 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).
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Section 10A
Title: Power to Recover Rent or Damages in Respect of Evacuee Property Vested in the Custodian
State: Central
Year: 1950
.....as may be specified in the order. (2) Where any person is deemed to be holding any evacuee property on behalf of the Custodian under sub-section (4) of Section 8, the Custodian may, having regard to such principles of assessment of rent as may be prescribed, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed. (3) Where any person is, or has at any time been, in unauthorised possession of any evacuee property vested in the Custodian, the Custodian may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order. (4) Where any person being in possession of any evacuee property vested in the Custodian has caused damage to any such property, the Custodian may assess the compensation payable on account of the damages so caused and may, by order, require that person to pay the compensation within such time and in such instalments as may be specified in the order. (5).....
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Chapter IV
Title: Property of Intending Evacuees
State: Central
Year: 1950
[Chap. IV was repealed by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953), S. 9 (6-5-1953).] Section 20 - [Repealed] [Chap. IV was repealed by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953), S. 9 (6-5-1953).] Section 21 - [Repealed] [Chap. IV was repealed by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953), S. 9 (6-5-1953).] Section 22 - [Repealed] [Chap. IV was repealed by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953), S. 9 (6-5-1953).] Section 23 - [Repealed] [Chap. IV was repealed by the Administration of Evacuee Property (Amendment) Act, 1953 (11 of 1953), S. 9 (6-5-1953).]
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