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Transfer of Evacuee Deposits Act, 1954 [Repealed] Complete Act

Title: Transfer of Evacuee Deposits Act, 1954 [Repealed]

State: Central

Year: 1954

Preamble1 - TRANSFER OF EVACUEE DEPOSITS ACT, 1954 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Appointment of custodian and Assistant custodians of Deposits Section4 - Transfer of deposits in mass migration area Section5 - Procedure for transfer of certain other deposits to Pakistan Section6 - Transfer of records relating to transferable deposit Section7 - Power of court or Custodian to convert deposits into money before transmission to Pakistan Section8 - Cesser of jurisdiction in respect of deposits transferred Section9 - Reception in India of deposits transferred from Pakistan Section10 - Powers of Custodian Section11 - Jurisdiction of civil courts barred Section12 - Protection of action taken in good faith Section13 - Power to make rules Section14 - Repeal of Ordinance 6 of 1954 Repealing Act1 - REPEALING AND AMENDING ACT, 1960

Transfer of Evacuee Deposits Act, 1954 [Repealed] Section 5

Title: Procedure for Transfer of Certain Other Deposits to Pakistan

State: Central

Year: 1954

.....inspect the same. (2) If after making any such inspection as is referred to in sub-section (1) and after making such further inquiry into the matter as may be prescribed, the Custodian is satisfied that the deposit is a transferable deposit within the meaning of this Act, he may by order, direct that the deposit shall be transferred to such authorised officer or authority in Pakistan as the Central Government may, by general or special order, specify in this behalf, and any court or other authority holding in its custody or under its control any such deposit shall comply with the direction. (3) Notwithstanding anything contained in this section, where in respect of any deposit the extent of the right or interest of an evacuee in such deposit is not easily ascertainable or, having regard to the nature of the deposit, it is in the opinion of the Custodian not practicable to separate the right or interest of the evacuee from the right or interest of other persons in such deposit, the Custodian shall not transfer any part of the deposit to Pakistan.

Transfer of Evacuee Deposits Act, 1954 [Repealed] Section 6

Title: Transfer of Records Relating to Transferable Deposit

State: Central

Year: 1954

(1) Where a transferable deposit is directed to be transferred to Pakistan under the provisions of section 5, the Custodian may send the record relating to the deposit or, if it is expedient so to do, only a certified copy of such part of the record as, in the opinion of the Custodian, is material to the case to the Government of Pakistan or to such officer or authority to whom or to which the deposit has been directed to be transferred. (2) If a certified copy only is sent pursuance of sub-section(1), the original record, together with a copy of the order of the Custodian under section 5, shall be returned to the court or other authority from which it was obtained.

Transfer of Evacuee Deposits Act, 1954 [Repealed] Preamble 1

Title: Transfer of Evacuee Deposits Act, 1954

State: Central

Year: 1954

THE TRANSFER OF EVACUEE DEPOSITS ACT, 1954 [Act, No. 15 of 1954] [26th March, 1954] PREAMBLE An Act to provide, in pursuance of an agreement with Pakistan, for the transfer to that country of certain deposits belonging to evacuees, the reception in India of similar deposits belonging to displaced persons, and matters connected therewith. WHEREAS an agreement has been arrived at with Pakistan for the transfer to that country of certain deposits belonging to evacuees, the reception in India of similar deposits belonging to displaced persons, and matters connected therewith: BE it enacted by Parliament as follows:-

Transfer of Evacuee Deposits Act, 1954 [Repealed] Section 8

Title: Cesser of Jurisdiction in Respect of Deposits Transferred

State: Central

Year: 1954

Upon the transfer of any transferable deposit under section 4 or in pursuance or an order of the Custodian under section 5, all courts and authorities in India shall, save as otherwise provided in this Act, cease to have or exercise any jurisdiction in relation to the deposit so transferred in so far as it relates to the right or interest of any evacuee in the deposit.

Transfer of Evacuee Deposits Act, 1954 [Repealed] Section 4

Title: Transfer of Deposits in Mass Migration Area

State: Central

Year: 1954

.....any of the personsinterested in a deposit is not an evacuee, the deposit shall not be transferredto Pakistan under this section. (2) Every civil or revenue court and everycourt of wards and the manager shall, as soon as may be, send to the custodianin such form as may be prescribed, particulars of all deposits transferred toPakistan under sub-section (1) Explanation.- In this section, the expression'mass migration area' means the territories 1 [which immediatelybefore the 1st November 1956 were] comprised in the following States or areas,namely:- (i) the State of Punjab; (ii) the State of Patiala and East PunjabStates Union; (iii) the State of Ajmer; (iv) the State of Delhi; (v) the State of Himachal Pradesh; (vi) the districts of Alwar Bharartpur andBikaner in the State of Rajasthan, and the districts of Saharanpur, Dehra Dun,Meerut and Muzaffarnagar in the State of Uttar Pradesh. __________________________ 1. Insertedby 3. A.L.O 1956, w.e.f. 1-11-1956.

Transfer of Evacuee Deposits Act, 1954 [Repealed] Section 9

Title: Reception in India of Deposits Transferred from Pakistan

State: Central

Year: 1954

..... (3) The court to which a deposit and any record relating thereto are forwarded under sub-section (2) shall proceed to deal with the matter as if the deposit had been made in compliance with an order made by it in a proceeding before it and, after making such further inquiry into the matter as it thinks fit, award the deposit to or distribute it among the person or persons who in its opinion is or are entitled thereto. (4) An appeal shall lie from every order passed by any court under sub-section (3) to the court authorised to hear appeals from the decisions of such court if the amount or value of the subject matter of the claim made in the appeal exceeds two thousands rupees. (5) The disposal of any deposit in accordance with the provisions of this section shall discharge the Custodian from any liability to any person in respect of the deposit.

Transfer of Evacuee Deposits Act, 1954 Complete Act

State: Central

Year: 1954

.....in which an evacuee has any right or interest, to the extent of that right or interest; (g) "prescribed" means prescribed by rules made under this Act. SECTION 03: APPOINTMENT OF CUSTODIAN AND ASSISTANT CUSTODIANS OF DEPOSITS (1) The Central Government may, by notification in the Official Gazette, appoint a Custodian of Deposits and as many Assistant Custodians of Deposits as may be necessary for the purpose of discharging the duties imposed upon the Custodian and Assistant Custodians by or under this Act. (2) Subject to the provisions of this Act, the Custodian and Assistant Custodians of deposits shall discharge the duties imposed on them by or under this Act under the general superintendence and control of the Central Government, and the Central Government may, by general or special order, provide for the distribution of work among them. (3) Subject to the provisions of this Act, the Assistant Custodians of De- posits shall discharge the duties imposed on them by or under this Act under the general superintendence and control of the Custodian. SECTION 04: TRANSFER OF DEPOSITS IN MASS MIGRATION AREA (1) Where a Civil or Revenue Court or a Court of Wards situated in a mass.....

Transfer of Evacuee Deposits Act, 1954 [Repealed] Section 13

Title: Power to Make Rules

State: Central

Year: 1954

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may- (a) define the terms and conditions of service of the Custodian and Assistant Custodians and the local limits of their respective jurisdictions and the distribution of work among them or the transfer of work from one to another of the Custodian and Assistant Custodians; (b) the manner in which deposits and records relating thereto may be transferred to Pakistan; (c) prescribe the manner in which any inquiry under this Act may to be held; (d) the manner in which a transferable deposit may be converted into money under section 7; (e) specify the persons to whom and the manner in which notices of any proceedings under this Act shall be given; (f) prescribe the manner in which certified copies of any record may be prepared under this Act and the fees, if any, which may be levied in respect of such certified copies; (g) prescribe the form in which any application may be made to the Custodian under this Act.

Transfer of Evacuee Deposits Act, 1954 [Repealed] Section 7

Title: Power of Court or Custodian to Convert Deposits into Money Before Transmission to Pakistan

State: Central

Year: 1954

Where the transfer to Pakistan of any article which is a transferable deposit is prohibited under any law for the time being in force, it shall be lawful for a civil or a revenue court, or the court of wards or the manager or the Custodian, as the case may be, to convert such article into money in such manner as may be prescribed, and upon such conversion the provisions of this Act shall apply to the proceeds thereof as they apply a transferable deposit.