Chapter IV Chapter IV

(1) Where the Custodian has reason to believe that a person is an intending evacuee, he may, by notice served in the prescribed manner, call upon such person to show cause why he should not be declared an intending evacuee, and shall, after holding such inquiry into the matter as the circumstances thereof permit, and after taking such evidence as may be produced by or on behalf of the person showing cause, pass an order (stating the reasons therefor) either declaring such person to be an intending evacuee or closing the case. (2) Any declaration made under sub-section (1) shall be published in the Official Gazette. (3) The Custodian may, pending determination of the question whether any person is an intending evacuee or otherwise, attach in the prescribed manner any property in Goa, Daman and Diu in which such person has a right or interest, and during the pendency of such attachment, the property shall 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. (1) An application for confirmation under sub-section (1) of section 31 shall contain the following particulars, namely: (a) Boundaries, name and location and registration number of the property. (b) Particulars of the transfer sought to be confirmed including the dates of the transfer and registration, if any, the address of the parties and the consideration paid or deferred. (c) Particulars of any previous transfers in respect of the property. (d) The name and address of the person in possession of the property transferred and the capacity in which such person is in possession. (2) The application shall be verified in the manner prescribed in the Code of Procedure, 1908, for verification of pleadings and shall be accompanied by a copy of the transfer deed, in question, and also a schedule containing the particulars of any other property owned, possessed or transferred by the transferor after 6th December, 1961. (3) The application shall be presented by the transferor or the transferee, personally or by any person claiming under, or lawfully authorised by either of them. (4) The Custodian shall cause a notice in Form No. 8 to be served on the transferor or transferee, as the case may be, and may further cause a similar notice to be served on any person whom the Custodian considers to be interested in, or likely to be affected by, the result of the application. (5) After notices are served in accordance with the provisions of sub-rule (4) the Custodian shall after a summary enquiry proceed to determine the application. (6) If the party making an application fails to appear on the date fixed when the case is called for hearing, the Custodian may dismiss the application for default or proceed to decide the application in the absence of the party, on the material before him. (7) Where the application is dismissed under sub-rule (6) the application shall be precluded for making a fresh application on the same facts with respect to the same property. But the applicant may apply within thirty days from the date of the order of dismissal is communicated to him for an order setting aside the dismissal and the Custodian, if he is satisfied that there was sufficient cause for non-appearance when the case was called for hearing shall make an order setting aside the order of dismissal, upon such terms as he thinks fit and shall fix a date for proceeding with the application. (8) The Custodian shall refuse to confirm any transfer which he has reasonable grounds to believe to be colourable or benami.

No person, in respect of whom a declaration has been made under section 18 that he is an intending evacuee, shall transfer in any manner whatsoever any property in which he has any right or interest, situated in any part of Goa, Daman and Diu, except with the previous approval of the Custodian, and any transfer made in contravention of the provisions of this section shall be void and of no effect. (i) The application for obtaining previous approval under section 32 in respect of transfer shall contain the following particulars, namely:— (a) Name and address of the transferor. (b) Boundaries, name and location and registration number of the property. (c) Nature of the right proposed to be transferred. (d) Whether any proceedings under the Act are pending for declaring the property to be evacuee property. (e) The consideration agreed upon for the transfer of the property. (f) (i) Whether the transferor was born in India including Goa, Daman and Diu. (ii) If not, whether either of his/her parents or grand-parents was born in India, including Goa, Daman and Diu. If so, the name of such person and the place of birth (village, taluka, etc.) indicating the relationship with the person named at (i) above. (iii) Date of his departure from this territory (Goa, Daman and Diu) with proof therefor.

For the purpose of preserving any property in which any person, in respect of whom a declaration has been made under section 18 that he is an intending evacuee, has any right or interest, the Custodian may,— (a) by order in writing, require any such person to furnish such returns, accounts or other information in relation to any such property and to produce such documents in his possession as the Custodian may require; (b) inspect the books of account or other documents maintained by or in the possession of such person; (c) pass such orders or direct such action to be taken in relation to any such property as may be considered by him to be necessary; (d) by order in writing, prohibit the transfer of any sum of money belonging to any such person or permit such transfer subject to such conditions and restrictions as the Custodian may think fit to impose. Any evacuee property may be leased out by the Custodian for a period not exceeding the period specified in any general or special Any evacuee property may be leased out by the Custodian for a period not exceeding the period specified in any general or special directions issued by or under authority of the Government. The rent for the property so leased shall be determined by the Custodian by following the C.P.W.D. Code.

If the Custodian is satisfied that any person in respect of whom a declaration has been made under section 18 that he is an intending evacuee, has made a transfer of any property in contravention of section 19, or has failed to comply with any order made under clause (c) or clause (d) of section 20, the Custodian may by notification in the Official Gazette declare the property in which such person has any right or interest to be evacuee property, and on the issue of such notification any property specified in the notification shall be deemed to be evacuee property which has vested in the Custodian within the meaning of this Act. (1) Rents, rates, lease money, sale proceeds and other amounts payable to the Custodian in respect of evacuee property under the Act or under these Rules shall be tendered in cash or postal money order to the cashier in the office of the Custodian or to any other person who may be authorised by the Custodian in this behalf to receive such money. (2) The person receiving the money on behalf of the Custodian shall issue a receipt in Form No. 9. Receipts issued by the person making realisation on behalf of the Custodian on the spot shall, however, be prepared in Form No. 10 by carbon process by using double-sided carbon paper. (3) Crossed cheques may at the discretion of the Custodian be accepted. In case of out-station cheques, the amount on account of bank Commission should also be added to the amount due to the Custodian. No receipt for any cheque shall be valid discharge of any liability unless the cheque is cashed.