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Start Free TrialAdministration of Evacuee Property Act, 1950 [Repealed] Chapter II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View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Section 16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] Complete Act
Title: Administration of Evacuee Property Act, 1950 [Repealed]
State: Central
Year: 1950
Preamble1 - ADMINISTRATION OF EVACUEE PROPERTY Act, 1950 Chapter I Section1 - Short title and extent Section2 - Definitions Section3 - [Repealed] Section4 - Act to override other laws Chapter II Section5 - Appointment of Custodian-General, Deputy Custodian-General etc Section6 - Appointment of Custodians, etc Section7 - Notifications of evacuee property Section7A - Property not to be declared evacuee property on or after 7th May 1954 Section8 - Vesting of evacuee property in the Custodian Section9 - Power of Custodian to take possession of evacuee property vested in him Section10 - Powers and duties of the Custodian generally Section10A - Power to recover rent or damages in respect of evacuee property vested in the Custodian Section11 - Special provisions with respect to certain trust properties Section12 - Power to vary or cancel leases or allotments of evacuee property Section12A - Special provisions with respect to transfer of tenancy rights of evacuees Section13 - Payments to Custodian to foe valid discharge Section14 - Recouping of expenditure by Custodian Section15 - Maintenance of accounts by Custodian Section16 - Restoration of evacuee property Chapter.....
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 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] Section 12
Title: Power to Vary or Cancel Leases or Allotments of Evacuee Property
State: Central
Year: 1950
.....'lease' includes a lease granted by the Custodian and 'agreement' includes an agreement entered into by the Custodian.] (2) Where by reason of any action taken under sub-section (1), any person has ceased to been titled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of such property to the Custodian or to any person duly authorised by him in this behalf. (3) If any person fails to surrender possession of any property on demand under sub-section (2), the Custodian may, notwithstanding anything to the contrary Contained in any other law for the time being in force, eject such person and take possession of such property in the manner provided in Section 9. ________________________ 1. Substituted for the words and figures "where such allotment, lease or agreement has been granted or entered into after the 14th day of August 1947" by the Administration of Evacuee Property (Amdt.) Act, 1953 (11 of 1953), S. 5(a), (6-5-1953). 2. Proviso was added by the Administration of Evacuee Property (Amdt.) Act, 1953 (11 of 1953), S. 5(a), (6-5-1953), S. 5(b), (6-5-1953.) 3. Clause (c) and Explanation were added by the Administration of.....
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Section 17
Title: Exemption of Evacuee Property from Processes of Court, Etc
State: Central
Year: 1950
.....attachment or injunction or order for the appointment of a receiver in respect of any such property subsisting on the commencement of the Administration of Evacuee Property (Amendment) Act, 1951, shall cease to have effect on such commencement and shall be deemed to be void. (2) Where, after the 1st day of March, 1947, any evacuee property which has vested in the Custodian oy is deemed to have vested in the Custodian under the provisions of this Act has been sold in execution of any decree or order of any Court or other authority, the sale shall be set aside if an application in that behalf has been made by the Custodian to such Court or authority on or before the 17th day of October, 1950.] ________________________ 1. Substituted and shall be deemed always to have been substituted by the Administration of Evacuee Property (Amdt.) Act, 1951 (22 of 1951) S. 3.
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