Chapter III Chapter III

Save as otherwise expressly provided in this Act, no evacuee property which has vested or is deemed to have vested in the Custodian under the provisions of this Act shall, so long as it remains so vested, be liable to be proceeded against in any manner whatsoever in execution of any decree or order of any Court or authority, and any attachment or injunction or order for the appointment of a receiver in respect of any such property subsisting on the commencement of this Act, shall cease to have effect on such commencement and shall be deemed to be void. (1) The provisions of this Rule shall apply to proceedings under section 21. In addition to the circumstances mentioned in section 18, the following shall be deemed to constitute a preparation for migration to Portuguese territories. (i) disposal of bulk of one’s household effects, (ii) disposal of assets essential to one’s profession, practice or calling or trade such as the disposal of medical books and equipment by a doctor, the disposal of law books by a practising lawyer and the disposal of his stock-in-trade by a trader, and (iii) disposal of the tools and instruments by which a person earns his livelihood. (2) Where the Custodian is satisfied from the information in his possession or otherwise that a person is an intending evacuee, he shall cause a notice to be given in Form No. 7 on the person. (3) The notice shall, as far as practicable, mention the grounds on which the person is sought to be declared as intending evacuee. (4) The notice shall be served personally; but if that is not practicable, the service may be effected in any manner provided in Rule 24. (5) Where a notice has been duly served and the party called upon to show cause why he should not be declared as an Intending Evacuee fails to appear on the date fixed for hearing the Custodian may proceed to hear the matter ex-parte and pass such order on the material before him as he deems fit. (1) The provisions of this Rule shall apply to proceedings under section 21. In addition to the circumstances mentioned in section 18, the following shall be deemed to constitute a preparation for migration to Portuguese territories. (i) disposal of bulk of one’s household effects, (ii) disposal of assets essential to one’s profession, practice or calling or trade such as the disposal of medical books and equipment by a doctor, the disposal of law books by a practising lawyer and the disposal of his stock-in-trade by a trader, and (iii) disposal of the tools and instruments by which a person earns his livelihood. (2) Where the Custodian is satisfied from the information in his possession or otherwise that a person is an intending evacuee, he shall cause a notice to be given in Form No. 7 on the person. (3) The notice shall, as far as practicable, mention the grounds on which the person is sought to be declared as intending evacuee. (4) The notice shall be served personally; but if that is not practicable, the service may be effected in any manner provided in Rule 24. (5) Where a notice has been duly served and the party called upon to show cause why he should not be declared as an Intending Evacuee fails to appear on the date fixed for hearing the Custodian may proceed to hear the matter ex-parte and pass such order on the material before him as he deems fit. (6) Where such party appears and contests the notice, he shall forthwith file a written statement verified in the same manner as a pleading under the Code of Civil Procedure, 1908 stating the reasons why he should not be deemed to be an intending evacuee. The Custodian shall then either on the same day or on any subsequent day to which the hearing may be adjourned, proceed to hear the evidence, if any, which the party may adduce.

(1) Where the rights of an evacuee in any land or in any house or other building consist or consisted of occupancy or tenancy rights, nothing contained in any law for the time being in force or in any contract or in any instrument having the force of law or in any decree or order of any Court, shall extinguish or be deemed to have extinguished any such rights, either on the tenant becoming an evacuee within the meaning of this Act or at any time thereafter, so as to prevent such rights from vesting in the Custodian under the provision of this Act or to prevent the Custodian from exercising all or any of the powers conferred on him by this Act in respect of any such rights, and notwithstanding anything contained in any such law, contract, instrument, decree or order, neither the evacuee nor the Custodian, whether as an occupancy tenant or as a tenant for a certain time, monthly or otherwise, of any land, or house or other building shall be liable to be ejected or to be deemed to have become so liable on any ground whatsoever for any default of — (a) the evacuee committed after he became an evacuee or within a period of one year immediately preceding the date of his becoming an evacuee; or (b) the Custodian. (1) Pending determination of the question whether any person is an intending evacuee or otherwise, the Custodian may where the property is immovable make an attachment order prohibiting the person from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge. (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Custodian’s office and also where the property is land paying revenue to the Government, in the office of the Commissioner of Revenue and Taxes or in the office of the Collector of the district in which the land is situate.