Chapter VI Chapter VI

Save as provided under section 3, any person who fails to comply with a notice of demand by or on behalf of the Custodian under the provisions of this Act to surrender possession of any evacuee property shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. Where any movable evacuee property is returned under Section 15, or is disposed of by sale or is otherwise released, the Custodian may recover account of the maintenance, repair, transport or storage of such property and subject to such conditions, if any, as the Government may by general or a special order from time to time, direct.

Any person who pays to or receives from any other person any sum of money in respect of any property which he knows or has reason to believe to be, evacuee property shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both: Provided that nothing contained in this section shall apply to or render punishable any payment made to or received by the Custodian. Service or publication of any notice, summons or order under the Act or under these Rules shall be effected in one or more of the following modes, namely: (1) By giving or tendering it to the person concerned or his manager or agent, if any. (2) By leaving it at the last known place of business of the person concerned or by giving or tendering it to some adult member of the family. (3) By sending the notice, summons or order by registered post. (4) By affixing the notice, summons or order on some conspicuous part of the premises concerned or at the last known place of business or residence of the person concerned or by publication in a daily or weekly newspaper or by proclamation by beat of drum in the locality, or other customary mode.

Any person who wilfully conceals any property which he knows or has reason to believe to be evacuee property shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (1) All appeals under the Act shall be filed within sixty days of the date of any order, to the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965 and the decision of said Tribunal shall be final. (2) The petition of appeal shall be presented in person or through a legal practitioner or a recognised agent or may be sent by registered post. (3) Every petition shall state succinctly the grounds on which the order appealed from is attached and shall be accompanied by a copy of such order unless the appellate authority dispenses with such copy. (4) A notice of any appeal, may be given in addition to the person concerned, to any other person who in the opinion of the authority hearing the appeal, may be interested in the same. (5) The Tribunal when hearing any appeal may admit additional evidence before its final disposal or may remand the case for admission of additional evidence and report or for a fresh decision, as such authority may deem fit.

Any person who wilfully destroys or causes damage to any evacuee property or unlawfully converts it to his own use shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (1) Rupees fifty shall be payable in respect of each appeal under the Act, as fees. (2) No officer authorised to receive any appeal shall receive the same unless fee payable under this rule is paid in such manner as Government from time to time determine. Pending such determination, the fees may be paid in Court fee stamps.

Any person who— (i) for the purpose of obtaining an allotment or lease of any evacuee property, makes a declaration or statement which is false or which he either knows or has reason to believe to be false, or does not believe to be true, or (ii) furnishes any return, account or information which is material to any of the purposes of this Act and which is false or which he either knows or has reason to believe to be false or does not believe to be true, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (a) All immovable property taken possession of by the Custodian shall be recorded in a register in Form No. 11. Similar registers shall be maintained with respect to properties of intending evacuees. (b) All movable property taken possession of by the Custodian shall be recorded in a register in Form No. 12 and a slip in Form No. 13 shall be attached to each article. The officer entrusted with the custody of such property shall be responsible for its safe custody and for protecting it from loss, damage or deterioration. He shall maintain a suitable record of the property taken into custody with a view to facilitating check at any time of the articles in hand with those shown as such in the registers. He shall also arrange for periodical physical verification of the articles in hand. (c) The account books, title-deeds and other valuable and documents taken possession of by the Custodian shall be noted in the Register of Valuables in Form No. 14 and a slip in Form No. 13 shall be attached to each article. Explanation.— When any property is disposed of by sale or otherwise the details of disposal shall be entered in the appropriate columns of the relevant registers.

Any person who contravenes any provision of this Act or of any rule or order made thereunder, or obstructs the lawful exercise of any power conferred by or under this Act or makes default in complying with any requirement of this Act or of any rule or order made thereunder, shall, if no express provision is made by this Act for punishment of such contravention, obstruction or default, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. The Manager appointed under clause (a) of sub-section 2 of Section 8 shall act under the general supervision and control of the Custodian and may exercise such powers as may be delegated in writing to him by the Custodian from time to time.

If the person charged with an offence under this Act is a company or other body corporate, the director, manager, secretary or other officer of the company or other body corporate directly concerned in the management thereof shall, unless he proves that the offence took place without his knowledge or that he exercised due diligence to prevent such contravention, be deemed to be guilty of such contravention. (1) The following fees shall be payable by the person desirous of obtaining any copy from any record maintained under the Act or these rules. (a) Certificate of receipt of case or duplicate copy of challan ... Rs. 3.00 (b) For every certified copy or final original order passed by the Custodian:- (i) for every sheet of paper 30x30 cms. dimension in writing or typed with double spacing ... Rs. 10/- for every sheet of paper or part thereof. (ii) for such record in tabular... twice the rate specified in (i) above (c) For every true copy of certified copy ... The same as (b) (i) above (d) Copy of final order passed on appeal ... The same as (b) (i) above (e) Copy of any application, objection, petition, affidavit or statement made by a private party or a witness... Rs. 8.00 (f) Any other document ... Rs. 10.00 (1) The following fees shall be payable by the person desirous of obtaining any copy from any record maintained under the Act or these rules. (a) Certificate of receipt of case or duplicate copy of challan ... Rs. 3.00 (b) For every certified copy or final original order passed by the Custodian:- (i) for every sheet of paper 30x30 cms. dimension in writing or typed with double spacing ... Rs. 10/- for every sheet of paper or part thereof. (ii) for such record in tabular... twice the rate specified in (i) above (c) For every true copy of certified copy ... The same as (b) (i) above (d) Copy of final order passed on appeal ... The same as (b) (i) above (e) Copy of any application, objection, petition, affidavit or statement made by a private party or a witness... Rs. 8.00 (f) Any other document ... Rs. 10.00 (2) Any person interested in any evacuee property may, with the permission of the Custodian, inspect the record relating to such property on payment of fee of Rs. 5/-. Any person interested in any original case, appeal, pending before the Government or authority or tribunal, may with the permission of the presiding officer, inspect the record of such case on payment of a similar fee. (3) Such presiding officer, may authorise a person inspecting to take short notes. (4) The fees payable under this rule may be paid in a manner as the Government may from time to time determine.

Any person who abets any of the offences punishable under this Act shall be punishable with the punishment provided for the offence. The Custodian shall have a seal which will bear the words "Custodian of Evacuee Property".