Chapter VII Chapter VII

(1) No transfer made after the relevant date by or on behalf of any person in any manner whatsoever of any property belonging to him shall be effective so as to confer any rights or remedies in respect of the transfer on the parties thereto or any person claiming under them of either of them if, at any time after the transfer, the transferor becomes an evacuee within the meaning of section 2 or the property of the transferor is declared or notified to be evacuee property within the meaning of this Act, unless the transfer is confirmed by the Custodian in accordance with the provisions of this Act. (2) An application under sub-section (1) for the confirmation of any transfer may be made by the transferor or the transferee or any person claiming under, or lawfully authorised by, either of them to the Custodian within two months from the date of the transfer or within, two months from the date of the declaration or notification referred to in sub-section (1) whichever is later. (3) Where an application under sub-section (1) has been made to the Custodian for confirmation, he shall hold an inquiry thereof in the prescribed manner and may reject the application if he is of opinion that— (a) the transaction has not been entered into in good faith or for valuable consideration; or (b) the transaction is prohibited under any law for the time being in force; or (c) the transaction ought not to be confirmed for any other reason. Income and other receipts on account of Evacuee Property fall under the following categories: (A) Immovable Property (1) Income from Urban Property: (a) Lands. (b) Houses. (c) Shops. (d) Factories, Workshops, and other commercial undertakings. (e) Miscellaneous. (2) Income from Rural Property: (a) Lands. (b) Houses. (c) Shops. (d) Miscellaneous. (B) Movable Property (1) Income from Urban Property: (a) Identifiable property. (i) Sale-proceeds. (ii) Other receipts. (b) Unidentifiable Property: (i) Sale-proceeds. (ii) Other receipts. (2) Income from Rural (including Agricultural) property: (a) Identifiable property: (i) Sale-proceeds. (ii) Other receipts. (b) Unidentifiable Property: (i) Sale-proceeds. (ii) Other receipts. (C) Miscellaneous (1) Evacuee’s interest in business concerns (e.g. Dividends on shares, business profits, etc.). (2) Debts and other payments due to evacuees. (3) Other receipts.

(1) As from the commencement of this Act, no transfer of or transaction in respect of any property belonging to a Portuguese national shall be valid unless it is made with the previous approval of the Custodian. (2) Subject to the other provisions contained in this Act, every transaction entered into by any person in respect of property declared or deemed to be declared to be evacuee property within the meaning of this Act shall be void unless entered into by or with the previous approval of the Custodian. The following account records and registers shall be maintained by Custodian of Evacuee Property or by officers authorised to act on their behalf: (i) An Index Register shall be maintained in Form No. 15 in which the names of evacuees shall be entered in alphabetical order. Reference to the pages of other registers in which the transactions of the evacuee are recorded shall be given on the relevant page of this register. (ii) A personal account shall be maintained in Form No. 16 for each evacuee in a bound register, with an index in an alphabetical order. Sufficient number of pages shall be set apart for each evacuee. The monthly total of receipts and payments as recorded in the several individual registers shall be posted into the personal account of each evacuee at the end of each month, figures of administration charge and Custodian’s fee being posted separately as distinct from totals of other expenditure. (iii) A receipt and expenditure account of immovable property shall be maintained in Form No. 17 for recording complete details of receipt and payments of all evacuee immovable property other than agricultural land, and it shall also show the name of the owner, full specifications of property and assessed rent recoverable in respect of each item. Particulars of factories and workshops shall be recorded in a separate register in the same form. A separate account of receipt and expenditure shall be maintained in Form No. 18 in respect of agricultural property. The entries in the registers shall be attested by the officer checking them. (iv) Account of receipt and expenditure on account of movable property belonging to each evacuee shall be maintained in Form No. 19. Separate registers shall be maintained in respect of identifiable and unidentifiable property. Disposal of this property by auction, sale or otherwise when made shall be indicated in this register. The results of the verification of ground balance of the articles with the book balances shall be recorded in this register. When the property is sold or leased by public auction the bids shall be recorded in the Sales Register (Form No. 20), the signature or thumb impression of the last bidder being obtained in column 11 of the form. Note.— The intermediate bids in respect of property liable to fetch not more than Rs. 100/- may not be recorded in the register. (v) Account of receipt and expenditure in respect of debts or claims due to evacuee shall be maintained in Form No. 21. (vi) A rent demand and collection register for immovable property (other than agricultural) shall be maintained in Form No. 22 for showing the rent actually realised. (vii) A miscellaneous demand and collection register shall be maintained in Form No. 23 recording recovery of amounts other than those recorded in the Rent Demand and Collection Register. (viii) Income arising from the interest of evacuees in business concerns, e. g. Shares in business profits, shall be accounted for in a register in Form No. 24. (ix) In respect of agricultural land a register of demand and collection shall be maintained in Form No. 25. Demand in respect of all items brought on the property Register for agricultural land shall be recorded in this register, the name of evacuee owner, the allottee and the monthly rent fixed for each item of property shall also be shown therein. Demands which will be collected by issue of the rent bills and the realisations effected, shall be noted in the columns provided for the purpose. (x) The demand and Collection Registers shall be reviewed and closed at the end of each year and the outstanding balance shall be struck and carried forward to the registers of the succeeding year. A certificate to the effect that all recoverable demands of the year have been noted in the registers and that the balances have been correctly carried forward to the succeeding year’s registers shall be recorded at the end of each register by a responsible officer. (xi) A statement showing demands to the end of the previous month, and the recoveries made during the current month and the outstanding balances shall be forwarded to the Government in the Home Department, not later than 20th day of the succeeding month. (xii) The Custodian of Evacuee Property shall be entitled to keep a permanent advance of Rs. 100/- and shall maintain Cash Book in Form No. 26 in which all transactions of receipts and payments shall be entered. It will not be necessary to enter the Cash Book on days on which there are no transaction. The Cash Book will be verified on the last day of every month and a certificate of verification duly signed by the Custodian endorsed on the Cash Book. The Custodian might keep the amount of the permanent advance in a cash chest in his office or in a transportable cash chest which will be deposited in the treasury after close of the day and taken out whenever necessary on the following days. Any amount over and above the permanent advance shall be credited in current account in any nationalised bank. The Custodian might however deposit an amount to the extent of 75% of the total balance in the current (vi) A rent demand and collection register for immovable property (other than agricultural) shall be maintained in Form No. 22 for showing the rent actually realised. (vii) A miscellaneous demand and collection register shall be maintained in Form No. 23 recording recovery of amounts other than those recorded in the Rent Demand and Collection Register. (viii) Income arising from the interest of evacuees in business concerns, e. g. Shares in business profits, shall be accounted for in a register in Form No. 24. (ix) In respect of agricultural land a register of demand and collection shall be maintained in Form No. 25. Demand in respect of all items brought on the property Register for agricultural land shall be recorded in this register, the name of evacuee owner, the allottee and the monthly rent fixed for each item of property shall also be shown therein. Demands which will be collected by issue of the rent bills and the realisations effected, shall be noted in the columns provided for the purpose. (x) The demand and Collection Registers shall be reviewed and closed at the end of each year and the outstanding balance shall be struck and carried forward to the registers of the succeeding year. A certificate to the effect that all recoverable demands of the year have been noted in the registers and that the balances have been correctly carried forward to the succeeding year’s registers shall be recorded at the end of each register by a responsible officer. (xi) A statement showing demands to the end of the previous month, and the recoveries made during the current month and the outstanding balances shall be forwarded to the Government in the Home Department, not later than 20th day of the succeeding month. (xii) The Custodian of Evacuee Property shall be entitled to keep a permanent advance of Rs. 100/- and shall maintain Cash Book in Form No. 26 in which all transactions of receipts and payments shall be entered. It will not be necessary to enter the Cash Book on days on which there are no transaction. The Cash Book will be verified on the last day of every month and a certificate of verification duly signed by the Custodian endorsed on the Cash Book. The Custodian might keep the amount of the permanent advance in a cash chest in his office or in a transportable cash chest which will be deposited in the treasury after close of the day and taken out whenever necessary on the following days. Any amount over and above the permanent advance shall be credited in current account in any nationalised bank. The Custodian might however deposit an amount to the extent of 75% of the total balance in the current account in Fixed Deposit Receipts with any nationalised bank or invest in National Savings Organisation. The amounts deposited in the Treasury in favour of Director of Accounts shall be separately accounted for in Form No. 27. A copy of this account will be sent to the Director of Accounts at the end every month duly verified by the Treasury Officer. The figures appearing in this account shall be reconciled with those of Director of Accounts monthly.

As soon as may be but not later than sixty days from the commencement of this Act every person who is occupying, supervising or managing any property without the approval of the Custodian which he knows or has reason to believe to be evacuee property, shall submit to the Custodian or to any person authorised by him in this behalf, full information relating to such property, including the date from which or the period during which he has been occupying, supervising or managing it, and a detailed account of the rents, profits, income or other benefits received from the said property from the date from which or for the period during which he has been occupying, supervising or managing it. Where repairs, etc., to evacuee property are carried out by the Public Works Department the Executive Engineer concerned shall send a schedule in Form No. 28 showing the charges incurred by him on such repairs etc. These charges shall be debited to the account of the property of the evacuee owner concerned. Where, however, the allottees in occupation of evacuee property are permitted by the Custodian to carry out minor repairs and to set off the amount of expenditure actually incurred against the rent due, the gross amount of the rent shall be entered in the relevant demand and collection register while the cost of repairs shall be noted in the appropriate column in the account of the property of the evacuee concerned.

Where in pursuance of the provisions of this Act any property has vested in the Custodian, neither the death of the evacuee at any time thereafter nor the fact that the evacuee who had a right or, interest in that property had ceased to be an evacuee at any material time shall affect the vesting or render invalid anything done in consequence thereof. No payment shall be made except after the payee has presented his claim and the Custodian or an officer duly authorised by him in this behalf, after checking the same, has passed order of payment thereon.

The Custodian and every other person duly appointed to discharge any duties imposed on them by this Act or the rules or orders made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). If a form different from that prescribed in these rules is used, the prior approval of the Audit Officer who is responsible for the local audit of the accounts, shall be obtained.

For the purpose of holding any enquiry under this Act, the Custodian shall have the same powers as are vested in a Civil Court under the law for the time being in force, when trying a suit, in respect of the following matters, namely:— a) enforcing the attendance of any person and examining him on oath; b) compelling the discovery and production of document; c) any prescribed matter; and the enquiry by the Custodian shall be deemed to be a Judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Custodian shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898. The Custodian shall dispose of all movable or immovable property which he is empowered to under the Act, by public auction subject to the rules in force, in that behalf in this Union Territory, unless otherwise directed by the Government.

(1) Save as otherwise expressly provided in this Act no Civil or Revenue Court shall have jurisdiction— (a) to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not evacuee property; or (b) to question the legality of any action taken by Government or the tribunal or the Custodian under this Act; or (c) in respect of any matter which Government or the tribunal or the Custodian is empowered by or under this Act to determine. (2) Save as otherwise expressly provided in this Act, every order made by the Government, or the tribunal or the Custodian under this Act shall be final and shall not be called in question in any court by way of appeal or revision or in any original suit or application or execution proceedings.

(1) No suit, prosecution or other legal proceeding shall lie against the Custodian or any person action under the direction of the Custodian in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. (2) No suit or other legal proceeding shall lie against the Central Government, Government or the Custodian or any other person in respect of any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

(1) Any sum payable to Government or to the Custodian in respect of any evacuee property, under any agreement, express or implied, lease or other document or otherwise, howsoever, may be recovered in the same manner as any other sum due to Government. (2) If any question arises whether a sum is payable to Government or to the Custodian within the meaning of sub-section (1), the Custodian shall, after making such inquiry as he may deem fit, and giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Custodian shall, subject to any appeal under this Act, be final and shall not be called in question by any Court or other authority. (3) For the purposes of this section, a sum shall be deemed to be payable to the Custodian, notwithstanding that its recovery is barred by any law for the time being in force relating to limitation of actions.

All records prepared or registers maintained under this Act shall be deemed to be public documents within the meaning of the Indian Evidence Act, 1872, and shall be presumed to be genuine until the contrary is proved.

If in any suit it appears to the Civil or Revenue Court that a question relating to the property of an evacuee or an intending evacuee is involved, the Court shall not proceed to determine that question until after notice has been given to the Custodian. (2) A Court may, at any stage of a suit or proceeding, either on its own motion or on application made in this behalf by the Custodian, make an order that the Custodian shall be added as a party to the suit or proceeding, if the court is satisfied that such addition is necessary or proper for the satisfactory determination of the suit or proceeding.

(1) The Government may fix the fees payable to the Custodian for the management or disposal of any property vested in him. (2) Such fees shall be payable out of the income or sale proceeds of such property, shall be a first charge on the property and shall be credited and accounted for in such manner as may be prescribed.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Government or of any officer authorised by it in this behalf, by general or special order.

Save as provided under section 3, the Government may for the purpose of regulating or improving the administration of any property which has vested in the Custodian under the provisions of this Act, pass such order or direct such action to be taken in relation thereto, as in its opinion the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act.

(i) Notwithstanding anything contained in this Act, the Government may, if satisfied as to the genuineness of a case for exemption in respect of any person or class of persons, order that the provisions of this Act shall not apply to him or to such class of persons, as the case may be, or to the property concerned, or shall apply with such modifications as may be specified in the order. (ii) Every such order shall be published in the Official Gazette.

(1) 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 provide for all or any of the following matters, namely:- (a) the manner in which inquiries under this Act may be held; (b) the manner in which evacuee properties which have vested in the Custodian may be notified; (c) the manner in which possession of any evacuee property may be taken by the Custodian; (d) the manner in which any person claiming any right to, or interest in, any property which has been notified as evacuee property may have his claim registered and disposed of; (e) the manner in which, any attachment may be made by the Custodian; (f) the circumstances in which, and the conditions subject to which, the Custodian may sell any immovable property vested in him, and the procedure governing the grant of leases and the period for which leases may be granted; (g) the circumstances in which leases and allotments may be cancelled or terminated or the terms of any lease or agreement varied; (h) the manner in which rent of any property or damage for unauthorised possession of any property may be assessed, and the principles which may be taken into account in assessing such rent or damages; (i) the manner in which any money due to the Custodian may be recovered; (j) the form and manner in which books of accounts and other records shall be maintained by the Custodian; (k) the form in which any notice under this Act may be issued, the manner of its service and publication and the form in which any demand may be made by the Custodian; (1) the nature of cases and the circumstances in which and the conditions subject to which property may be restored under section "15". (m) the powers vested in a Civil Court which may be exercised by the Custodian while holding any inquiry under this Act; (n) the manner in which applications for the previous approval of the Custodian may be made under section 31 and the matter which he shall take into account in granting such approval, and the nature of cases and the circumstances in which the Custodian may confirm or refuse to confirm a transfer under that section; (o) the form and manner in which and the time within which appeals may be preferred and the fees payable in respect thereof; (p) the furnishing of security by the Custodian and other officers appointed under the Act ; (q) the fees payable to the Custodian for the management and disposal of any property vested in him and the manner in which such fees shall be paid, credited or accounted for; (r) the person by whom and the time at which books of accounts maintained under this Act may be inspected and audited; (rr) the securities in which the Custodian may invest any moneys held by him; (s) any other matter which has to be or may be prescribed under this Act. (m) the powers vested in a Civil Court which may be exercised by the Custodian while holding any inquiry under this Act; (n) the manner in which applications for the previous approval of the Custodian may be made under section 31 and the matter which he shall take into account in granting such approval, and the nature of cases and the circumstances in which the Custodian may confirm or refuse to confirm a transfer under that section; (o) the form and manner in which and the time within which appeals may be preferred and the fees payable in respect thereof; (p) the furnishing of security by the Custodian and other officers appointed under the Act; (q) the fees payable to the Custodian for the management and disposal of any property vested in him and the manner in which such fees shall be paid, credited or accounted for; (r) the person by whom and the time at which books of accounts maintained under this Act may be inspected and audited; (rr) the securities in which the Custodian may invest any moneys held by him; (s) any other matter which has to be or may be prescribed under this Act.

(1) The Proclamation No. XII dated 22nd January, 1962 issued by the Military Governor of Goa, Daman and Diu is hereby repealed. (2) The repeal by this Act of the aforesaid Proclamation shall not affect the previous operation of that Proclamation and anything done or any action taken in the exercise of any power conferred by or under that Proclamation shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action was taken.