Chapter II Chapter II

(1) The Government may, by notification in the Official Gazette, appoint a Custodian and as many Deputy or Assistant Custodians of evacuee property as may be necessary for the purpose of discharging the duties imposed on the Custodian by or under this Act and may, by general or special order, provide for the distribution of work among them: (2) Notwithstanding anything contained in sub-section (1) any person who was exercising the powers of or functioning as a Custodian of property left behind by Portuguese nationals in Goa, Daman and Diu, by virtue of Proclamation No. XII dated 22nd January, 1962, issued by the Military Governor thereof, shall be deemed to be a Custodian appointed under this Act until a Custodian is appointed under this Act. The Custodian of Evacuee Property may, with the previous approval of the Government, offer to sell any non-agricultural plot contiguous to agriculture property on which the tenants have constructed dwelling houses before 6-12-1961 to the occupants of such lands at the upset price fixed by the Custodian. In case they do not wish to purchase the said plot, suitable rent will be fixed and they are liable to pay such rent till the plots are finally disposed off.

(1) Where the Custodian is of opinion that any property is evacuee property within the meaning of this Act, he may, after causing notice thereof to be given, in such manner as may be prescribed, to the persons interested, and after holding such inquiry into the matter as the circumstances of the case may permit, pass an order declaring any such property to be evacuee property. (2) Where, during the pendency of any proceeding under sub-section (1) for declaring any property to be evacuee property, any person interested in the property dies, the proceeding shall, unless the Custodian otherwise directs, be continued and disposed of as if such person were alive. (3) Where a notice has been issued under sub-section (1) in respect of any property, such property shall, pending the determination of the question whether it is evacuee property or otherwise, 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. (4) The Custodian shall, notify by publication in the Official Gazette and in such other manner as may be prescribed, all properties declared by him to be evacuee properties under sub-section (1), within a period of thirty days from the date of the declaration. The Custodian of Evacuee Property shall give notice in writing to the tenant or occupant mentioned in Rule 2 or 3 or 4, as the case may be, requiring such tenant or occupant to intimate within 30 days from the date of service of the said notice whether he is willing to purchase the property or not.

(1) Any property declared to be evacuee property under section 5 shall be deemed to have vested in the Custodian— (a) in the case of property of an evacuee as defined in sub-clause (i) of clause (b) of section 2, from the date on which he leaves or has left any place in Goa, Daman and Diu for any place outside India; (b) in the case of property of an evacuee as defined in sub-clause (ii) of clause (b) of section 2, from the date of such transfer; and (c) in the case of property of an evacuee as defined in sub-clause (iii) of clause (b) of section 2, from the relevant date. (2) Where immediately before the commencement of this Act any property in Goa, Daman and Diu had vested as evacuee property in any person exercising the powers of Custodian under any law or order repealed hereby, the property shall, on the commencement of this Act be deemed to be evacuee property declared as such within the meaning of this Act and shall be deemed to have vested in the Custodian appointed under this Act and shall continue to so vest. (3) Where after any evacuee property has vested in the Custodian any person, including an officer of Government, is in possession thereof, he shall be deemed to be holding on behalf of the Custodian and shall on demand surrender possession of it to the Custodian or to any other person duly authorised by him in this behalf. the Custodian may require the occupant to give up possession immediately and the premises may be sealed at once: Provided that in cases where the Custodian is satisfied that the occupant or the holder of evacuee property is tampering with the evacuee property and that possession of the property by the occupant or holder is against the interest of the evacuee or such possession comes in the way of smooth management of the evacuee property, the Custodian may require the occupant or the holder to give up possession forthwith and the premises may be sealed at once: (2) The notice under sub-rule (1) shall be signed by an officer not below the rank of an Assistant Custodian. If the tenant or occupant intimates his willingness to purchase the land within the period specified in the preceding Rule, the Custodian shall determine the price of the land to be paid by the tenant or occupant in consultation with any other Government Department or officer, if deemed fit.

(1) If any person in possession of any evacuee property refuses or fails on demand to surrender possession thereof to the Custodian or to any person duly authorised by him in this behalf, the Custodian may use or cause to be used such force as may be necessary for taking possession of such property and may for this purpose, after giving reasonable warning (and reasonable facility to any woman who by custom or usage will not appear in public, to withdraw), remove or break open any lock bolt or any door or do any other act necessary for the said purpose. (2) Where it becomes necessary to use force, the Custodian may, with the approval of Government requisition the aid of the Police and in such cases, every officer of the Police shall be bound to render such assistance as may be required by the Custodian. (3) No such force as is referred to in sub-section (2) shall be used against any person who, as on the 30th day of June 2000, is in occupation of a dwelling house situated on evacuee property vested in the Custodian under the principal Act. (i) Where a notice has been duly served on the occupant or holder of the property under Rule 6 and the possession is not delivered, as required, the officer who issued the notice or any other officer, not below the rank of a Deputy Custodian, may issue a warrant of eviction or seizure in Form No. 4. One copy of the warrant shall be forwarded to the officer-in-charge of the Police Station within the territorial limits of which the property concerned is for the time being to be found or such other officer as may be in-charge of carrying out evictions or seizures, who shall forthwith take steps to effect the eviction or seizure with the use of such force as may be necessary. (ii) Every Police Officer to whom a warrant of eviction or seizure is sent for execution shall submit a weekly report to the Senior Superintendent of Police having jurisdiction and a copy thereof to the Custodian giving details of number of warrants entrusted to, as well as executed by him together with such other particulars as may be necessary. (iii) A register of warrants shall be maintained by the Custodian and such register shall contain the following particulars: (a) Name of owner. (b) Description of property. (c) Name of the person against whom the warrant is to be executed. (d) Date of issue and service of surrender notice. (e) The final result. (1) On the determination of purchase price by the Custodian under the preceding rule, the tenant or occupant shall have the option to deposit the purchase price either in lumpsum or in twenty equal annual instalments. (2) The first instalment of the purchase price shall be paid by the tenant or occupant within thirty days from the date of allotment order and the subsequent instalment shall be paid within a period of one year from the date on which the previous instalment was due. (3) Where the purchase price is payable in lumpsum under sub-rule (1), the lumpsum shall be paid within a period of six months from the date of allotment order. (4) The Government may vary the period of payment, laid down under this rule, in cases or class of cases wherever Government feels appropriate. (5) Where the tenant or occupant fails to intimate his willingness within the period specified in Rule 5 or having intimated his willingness fails to pay lumpsum or first instalment, the tenant or occupant shall be deemed to have relinquished his right to purchase the property and he shall forthwith forfeit all his rights, title and interest in the property and the same shall be offered to any other person as per the rules. (6) Where the tenant or occupant deposits the first instalment but fails to pay any subsequent instalment within the due date, the Custodian may, at his discretion decide either to grant him extension of time limit as may be considered reasonable with the previous approval of the Government and the amount in default shall carry interest at the rate of six per cent per annum: Provided that nothing shall prevent the Custodian to recover the defaulted amount together with any interest due as arrears of land revenue.

(1) Save as otherwise expressly provided and subject to the provision of any rules that may be made in this behalf, the Custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may, for any of the purposes aforesaid,— (a) appoint a manager for the property of the evacuee or for carrying on any business or under taking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section; (b) enter, or authorise any other person to enter any land or premises to inspect any evacuee property; (c) take all such measures as may be necessary to keep any evacuee property in good repair; (d) complete any building which has vested in him and which requires to be completed; (e) require any person, notwithstanding anything to the contrary contained in any other law for the time being in force relating to the disclosure of any information by a public servant or any other person, to furnish such returns, accounts or other information in relation to any property and to produce such documents in his possession as the Custodian considers necessary for the discharge of his duties under this Act; (f) require any banking company to furnish such information as the Custodian may require with respect to remittances made after the relevant date to any such area outside India as may be specified by the Custodian, either generally, or with reference to any person or class of persons; (g) take such action as may be necessary for the recovery of any debt due to the evacuee; (h) institute, defend or continue any legal proceeding in any civil or revenue court on behalf of the evacuee or refer any dispute between the evacuee and any other person to arbitration or compromise any claims, debts or liabilities on behalf of the evacuee; (i) incur any expenditure, including expenditure on the payment of taxes, duties, cesses and rates to Government or to any local authority or of any amounts due to any employee of the evacuee or of any debt due by the evacuee to any person; Provided that no amount shall be paid to any employee of the evacuee and no debt shall be paid to any person, unless the Custodian is satisfied that such amount or such debt, as the case may be, is due by the evacuee to such employee or such person, as the case may be; (j) pay to the evacuee, or to any member of his family or to such other person as in the opinion of the Custodian is entitled thereto, any sum of money out of the funds in his possession; (k) transfer in any manner whatsoever any evacuee property notwithstanding anything to the contrary contained in any law or agreement relating thereto: (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may, for any of the purposes aforesaid,— (a) appoint a manager for the property of the evacuee or for carrying on any business or under taking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section; (b) enter, or authorise any other person to enter any land or premises to inspect any evacuee property; (c) take all such measures as may be necessary to keep any evacuee property in good repair; (d) complete any building which has vested in him and which requires to be completed; (e) require any person, notwithstanding anything to the contrary contained in any other law for the time being in force relating to the disclosure of any information by a public servant or any other person, to furnish such returns, accounts or other information in relation to any property and to produce such documents in his possession as the Custodian considers necessary for the discharge of his duties under this Act; (f) require any banking company to furnish such information as the Custodian may require with respect to remittances made after the relevant date to any such area outside India as may be specified by the Custodian, either generally, or with reference to any person or class of persons; (g) take such action as may be necessary for the recovery of any debt due to the evacuee; (h) institute, defend or continue any legal proceeding in any civil or revenue court on behalf of the evacuee or refer any dispute between the evacuee and any other person to arbitration or compromise any claims, debts or liabilities on behalf of the evacuee; (i) incur any expenditure, including expenditure on the payment of taxes, duties, cesses and rates to Government or to any local authority or of any amounts due to any employee of the evacuee or of any debt due by the evacuee to any person; Provided that no amount shall be paid to any employee of the evacuee and no debt shall be paid to any person, unless the Custodian is satisfied that such amount or such debt, as the case may be, is due by the evacuee to such employee or such person, as the case may be; (j) pay to the evacuee, or to any member of his family or to such other person as in the opinion of the Custodian is entitled thereto, any sum of money out of the funds in his possession; (k) transfer in any manner whatsoever any evacuee property notwithstanding anything to the contrary contained in any law or agreement relating thereto: Provided that the Custodian shall not so transfer any immovable property or any business or other undertaking of the evacuee except with the previous approval of Government. Provided further that, unless otherwise directed by the Government, all sales of property shall be by public auction. (l) acquire any non-evacuee interest in evacuee property, whether by way of purchase or otherwise:— (ll) dispose of the claim of co-sharer or partner in any property by purchase of non-evacuee share or by sale of evacuee share, either to the co-sharer or to any other person, or by selling the entire property and distributing the sale proceeds to the claimant according to his share, or by partitioning the property, or take all such measures as he may consider necessary for the purpose of separating the interests of the evacuee from those of the claimants: Provided that the Custodian shall not pass any order under this clause unless the co-sharer or partner in the property has been given reasonable opportunity of being heard; (m) delegate, by general or special order, all or any of his functions under this Act to such officers or persons as may be prescribed. (n) invest any money held by him in such securities as may be prescribed: Provided that the Custodian shall not delegate any of his functions under clause (f) or clause (g) to any officer or person below the rank of an Assistant Custodian. (1) Where any evacuee property, which vests in the Custodian, is in the possession of either the evacuee himself or any other person, whether holding on behalf of or under the evacuee or otherwise, but having no lawful title to the possession of such property enforceable against the Custodian, possession may be taken by evicting the person in possession of such property in the manner provided in the Act and these Rules. (2) Where such property is, at the time aforesaid, in the possession of one or more tenants or one or more lessees or licensees whom the Custodian cannot eject or, for any reason, does not want to eject, possession may be taken by serving on the tenants or the lessees or the licensees a notice directing them to pay the rent or the lease-money or the licence fee, as the case may be, to the Custodian or to any person authorised by him to receive such payment. The notice may be served in any manner provided in Rule 24. Where such property is an undivided share in joint property, (a) If under some arrangement inter se the co-sharers, the evacuee was in separate possession of any part of the joint property, possession may be taken of such part in accordance with the manner provided in sub-rule (1) or sub-rule (2), whichever is applicable. (b) In any other case, constructive possession be taken by affixing a copy of the warrant for possession on a conspicuous part of the property, and if considered necessary, by proclamation, by beat of drum in the locality in which the property is situated. The amount of rent payable by the tenant or occupant, whichever the case may be, for the purposes of these Rules, shall be determined by the Custodian of Evacuee Property, in the case where it has not already been fixed, and the decision of the Custodian of Evacuee Property thereon shall be final.

(1) Where any person is in arrears of rent in respect of any evacuee property vested in the Custodian, the Custodian may, by order, require that person to pay the same within such time and in such instalments, if any, as may be specified in the order. (2) Where any person is deemed to be holding any evacuee property on behalf of the Custodian, under sub-section (3) of section 6, the Custodian may, having regard to such principles of assessment of rent as may be prescribed, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed. (3) Where any person is, or has at any time been, in unauthorised possession of any evacuee property vested in the Custodian, the Custodian may, having regard to such principles of assessment of damages as may be prescribed assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order. (4) Where any person being in possession of any evacuee property vested in the Custodian has caused damage to any such property, the Custodian may assess the compensation payable on account of the damage so caused and may, by order, require that person to pay the compensation within such time and in such instalments as may be specified in the order. (5) No order shall be made under sub-section (2) or sub-section (3) or sub-section (4), until after the issue of a notice in writing to the person concerned calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Custodian. ... compensation payable on account of the damage so caused and may, by order, require that person to pay the compensation within such time and in such instalments as may be specified in the order. (5) No order shall be made under sub-section (2) or sub-section (3) or sub-section (4), until after the issue of a notice in writing to the person concerned calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Custodian. Where the property to be taken possession of is tangible movable property, possession may be taken by actual seizure and after such seizure the Custodian may either keep the property in his own custody or entrust to the local Mamlatdar or any other person duly authorized by him on the latter furnishing security in Form No. 5. If the tenants of the agricultural property desire to purchase the non-agricultural land contiguous to the agricultural land held by them for the purpose of constructing the dwelling houses, such lands may be offered to them by the Custodian, with the previous approval of the Government at the upset price, in such a case or cases, that may be fixed by the Custodian. The cost of the land shall be paid in the same manner as provided in rule 7.

(1) Notwithstanding anything contained in any other law for the time being in force and save as provided in section 3 or in any agreement or contract, the Custodian may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any evacuee property is held or occupied by a person (whether such allotment, lease or agreement was granted or entered into before or after the commencement of this Act): Provided that in the case of any lease granted before the relevant date the Custodian shall not exercise any of the powers conferred upon him under this sub-section unless he is satisfied that the lessee.— (a) has sublet, assigned or otherwise parted with the possession of the whole or any part of the property leased to him; or (b) has used or is using such property for a purpose other than that for which it was leased to him; or (c) has failed to pay rent in accordance with the terms of the lease. (2) Where the title or the right to possession of any evacuee property, as a tenant or otherwise, was on the relevant date the subject matter of any dispute, the right to possession shall be deemed to have vested in the Custodian as from the said date, notwithstanding anything contained in any other law for the time being in force or in any agreement or contract; and the person holding possession shall cease to be entitled to possession. (3) Where by reason of any action taken under sub-section (1) or sub-section (2), any person has ceased to be entitled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of such property to the Custodian or to any person duly authorised by him in this behalf. (4) If any person fails to surrender possession of any property on demand under sub-section (3), the Custodian may, notwithstanding anything to the contrary contained in any other law for the time being in force, eject such person and take possession of such property in the manner provided in section 7. (1) Where property to be taken possession of is a debt or a legacy or interest payable on a debt or a legacy, possession may be taken by serving the party liable with a notice requiring such party to pay the same to the Custodian or any other person authorized by him to receive the payment. (2) Where such property is a share in a joint Stock Company, possession may be taken by informing the principal officer of such Company that the share has vested in the Custodian. (3) Where such property consists of Government or other securities, stock, or debentures, possession may be taken by serving upon the appropriate authority a notice requiring such authority to make all payments in respect of such securities, stock, or debentures to the Custodian or any other person authorised by him in this behalf. (4) Where such property is a running business, or a share in such business the Custodian may take possession of the stock-in-trade and other assets of the business and may further take such steps as he considers necessary either for the continuance or for the winding up of such business. (1) The rest of the land and trees contiguous to agricultural property which are not specifically covered under these rules may be disposed of by the Custodian with the previous approval of the Government to the freedom fighters, to the serving members of the Armed Forces and/or ex-Servicemen who are ordinarily resident in the Union territory of Goa, Daman and Diu for not less than fifteen years, to persons who are mundcars and who have been evicted from the site of their dwelling house, and to the Government servants of the Union territory of Goa, Daman and Diu, on receipt of an application in that behalf, without auction in occupancy rights. (2) Such grant may be made on inalienable tenure on payment of occupancy price as may be determined by the Government, if the Custodian, after necessary enquiries, is satisfied that these persons do not own any building plot or a building either in their own name or in name of any member of their family or dependent anywhere in the Union territory of Goa, Daman and Diu or outside it. (3) A serving member of the Armed Forces or an ex-Serviceman (or if he is dead or he is unable to write for any reason, then his wife, major son, father, mother or brother in undivided family) may make an application for grant of land for residential use to the Custodian. Such application shall be made through the Chairman, Goa, Daman and Diu Rajya Sainik Board, Panaji, having jurisdiction over the concerned District.

(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, where tenancy rights have vested in the Custodian as evacuee property and the Custodian has granted a lease in respect of such property, the Custodian may, in any case where the lessor under whom the property was held immediately before it vested in the Custodian is not an evacuee, declare, by general or special order, that with effect from such date as may be specified in the order he shall stand absolved of all responsibilities with respect to the property or lease granted by him. (2) On the making of any such declaration as is referred to in sub-section (1) — (a) the lease granted by the Custodian shall be deemed to have effect as if granted by the lessor under whom the property was held immediately before the Custodian assumed possession or control thereof and shall continue to have such effect until it is determined by lapse of time or by operation of law; (b) all sums realised by the Custodian in respect of the said lease before the date of the declaration referred to in sub-section (1) shall, subject to the deduction of fees, if any, payable to the Custodian, become payable to the lessor against whom the lease has no effect. (3) Nothing contained in this section shall— (a) be deemed to empower the Custodian to grant, without the consent in writing of the original lessor or his successor in interest— (i) where the original lease is for a specified period, any lease for a period extending beyond the date on which the original lease would have expired; or (ii) where the original lease is from year to year or month to month or on any other similar tenure, any lease on a tenure different from that of the original lease. (b) render the Custodian liable to any person for any sum in excess of the sum payable to the lessor under clause (b) of sub-section (2); or (c) prejudice any rights of the lessor or the lessee, to which he may be entitled under any other law for the time being in force, consistently with the terms and conditions, if any, of the lease granted by the Custodian. Where the Custodian takes possession of any movable property including any stock-in-trade or plant or machinery or any undertaking, he shall cause an inventory to be prepared of the property in Form No. 6, in triplicate, in the presence of not less than two residents of the locality. The inventory shall be signed by the person by whom it was prepared and each of the witnesses and shall be countersigned by the Custodian. One copy of the inventory shall be made over to the person in possession prior to the taking over and two copies shall be retained by the Custodian. (1) For the purpose of these Rules, the extent of allocable land which may be granted to any one person shall not exceed an economic holding: (2) No allocable land shall be granted.— (a) to any individual— (i) who (not being a serving member of the Armed Forces or a freedom fighter) does not reside within a radius of eight kilometres of the village in which such land is situated, or— (ii) who holds land equal to or more than one economic holding. (b) to a joint farming society or a farming society if — (i) the majority of its members do not reside within a radius of eight kilometres of the village in which the land is situated, or (ii) any members thereof hold land equal to or more than one economic holding: Provided that, this condition may be relaxed in favour of a society if its total holding does not exceed the area determined under sub-rule (4) of this rule by two hectares: Provided further that, as between persons residing in the village where the allocable land is situated and persons residing outside such village but within a radius of eight kilometers thereof, preference in granting land may be given to the residents of the village. (3) While granting land, the Custodian shall as far as possible ensure that the total land held by an individual after the grant of land does not exceed one economic holding. (4) In case of a joint farming society or a farming society the extent of land which may be granted shall be determined by multiplying the number of members of the society by the area corresponding to one economic holding per each member of a society minus the area of the land already held by such members: Provided that, any such society may, for the purpose of full and efficient use of the land for agriculture and its efficient management and for maintaining the integrity of any area in one or more compact blocks, be granted land in excess of the area so determined so however that, except the previous sanction of the Government, the total area of the land so granted does not exceed twice the area determined as aforesaid.

(1) Any amount due to any evacuee in respect of any property which has vested in the Custodian or in respect of any transaction entered into by the evacuee, shall be paid to the Custodian by the person liable to pay the same. (2) Any payment made otherwise than in accordance with sub-section (1) shall not discharge the person paying it from his obligation to pay the amount due, and shall not affect the right of the Custodian to enforce such obligation against any such person. The Custodian may delegate any of his functions assigned to him under the Act except those under clause (f) or clause (g) of sub-section (2) of Section 8, to a Deputy or Assistant Custodian. For the purpose of these rules, the term "Economic holding" means:— i) one hectare of paddy land, or ii) one hectare of land used for coconut garden, or iii) one hectare of land used for arecanut garden, or iv) one hectare of land used for cultivation of sugarcane, or v) one hectare of land under perenial irrigation, or vi) two hectares of any other land. Explanation I.— Where total land held by a person consists of two or more of the aforesaid six clauses of lands, the area of economic holding shall be determined on the basis of one hectare of paddy land being equal to one hectare of land used for coconut garden or one hectare of land used for cultivation of sugarcane or one hectare of land used under perenial irrigation or two hectares of any other land. Explanation II.— "Irrigation" means irrigated by any irrigation work whether constructed or maintained by the Government or not.

By order and in the name of the Lieutenant Governor of Goa, Daman and Diu. G. M. Sardessai, Under Secretary (Home). Panaji, 11th March, 1977.

Any expenditure incurred by the Custodian in the exercise of any power conferred by or under this Act shall, in relation to any evacuee property in respect of which it has been incurred, be a charge on such property and shall, subject to the provision of section 42, have priority over all other charges on the property, and such expenditure may be met or recouped by the Custodian out of the income accruing from such property or the sale proceeds thereof. (1) The Custodian shall not ordinarily vary the terms of a lease subsisting at the time he takes possession of immovable property or cancel any such lease or evict a person who is lawfully in occupation of such property under a lease granted by a lessor before he became an evacuee and not in anticipation of becoming an evacuee, unless the Custodian is satisfied that the lessee has done or omitted to do something which renders him liable to eviction under any law for the time being in force. (2) In case of a lease or allotment granted by the Custodian himself, the Custodian may evict the person on any ground justifying eviction of a tenant under any law for the time being in force. (3) Before cancelling or varying the terms of lease or before evicting any lessee the Custodian shall serve the person or the person concerned with a notice to show cause against the order proposed to be made and shall afford him a reasonable opportunity of being heard. (4) The Custodian shall, as soon as may be, after the commencement of the Act, take appropriate proceedings under sub-section (3) of section 10 in respect of all evacuee property referred to in sub-section (2) thereof.

(1) The Custodian shall maintain a separate account of the property of each evacuee possession whereof has been taken by him, and shall cause to be made therein entries of all receipts and expenditure in respect thereof. (2) The accounts shall be maintained in such form and in such manner as may be prescribed. (3) The Government shall cause the accounts maintained under this section to be inspected and audited at such intervals and by such person as may be prescribed. (1) An application for restoration of evacuee property shall be made to the Government or to any person authorized by Government in this behalf. (2) The application shall contain the name of the person interested in the property sought to be restored and the facts on which the claim for restoration is based. (3) The application shall be verified in the same manner as a plaint under the Code of Civil Procedure, 1908. (4) Before any order is made on the application, the Government or the authorised person, as the case may be, shall cause an enquiry to be held through the Custodian or any other person. (5) (a) On receipt of the application, the Government or the authorized person, as the case may be, shall cause a notice to be given to the party or parties named in the application and any other person who may otherwise appear to be interested in the property or the proceedings. (b) A Public Notice of the application shall also be issued in a local daily or a weekly newspaper at the expense of the applicant.

(1) Save as provided under section (3) and subject to such rules as may be made in this behalf, any evacuee or any person claiming to be an heir of an evacuee may apply to Government or to any person authorised by it in this behalf (hereinafter in this section referred to as the authorized person) that any evacuee property which has vested in the Custodian and to which the applicant would have been entitled if this Act were not in force, may be restored to him. (2) On receipt of an application under sub-section (1) Government or the authorized person, as the case may be, shall cause public notice thereof to be given in the prescribed manner, and after causing an inquiry into the claim to be held in such manner as may be prescribed, shall — (a) if satisfied — (i) that the conditions prescribed by rules made in this behalf have been satisfied, (ii) that the evacuee property is the property of the applicant, and (iii) that it is just or proper that the evacuee property should be restored to him, make an order restoring the property to the applicant, or (b) if not so satisfied, reject the application: Provided that where the application is rejected on the ground that the evacuee property is not the property of the applicant, the rejection of the application shall not prejudice the right of the applicant to establish his title to the property in a Civil Court, or (c) if there is any doubt with respect to the title of the applicant to the property, refer him to a Civil Court for the determination of his title: Provided that no order for the restoration of any evacuee property shall be made under this sub-section unless provision has been made in the prescribed manner for the recovery of any amount due to the Custodian in respect of the property or the management thereof. (3) Upon the restoration of the property to the evacuee or to the heir, as the case may be, the Custodian shall stand absolved of all responsibilities in respect of the property, so restored, but such restoration shall not prejudice the rights, if any, in respect of the property which any other person may be entitled to enforce against the person to whom the property has been so restored: Provided that every lease granted in respect of the property by or on behalf of the Custodian shall have effect against the person to whom restoration is made until such lease is determined by lapse of time or by operation of law. (4) The Custodian shall, on demand furnish to the evacuee or to the heir, as the case may be, a statement containing an abstract of the account of the income received and expenditure incurred in respect of the property, and such other particulars as may be required by him and as the circumstances may permit. (5) Where the property had been sold by the Custodian or acquired by Government under any law, the provisions in the foregoing sub-sections shall apply to the net sale proceeds or, as the case may be, the net compensation hereof. (1) An order for the restoration of property under section 15 may contain all or any of the conditions, namely:— (i) That the person to whom property is restored shall not evict any allottee except in the circumstances in which lessee can be evicted under any law for the time being in force. (ii) Where the person to whom the property is restored is given vacant possession of the property, he shall pay such compensation to the allottees in respect of any improvements made by them on the property as may be determined by the Custodian. (iii) That the person to whom the property is restored shall pay the amount due to the Custodian in respect of the property or the management thereof. (iv) Such other conditions as the Government may by order specify from time to time. (2) Without prejudice to the generality of the provisions contained in section 15 on the subject, a Custodian may while making an order for the restoration of evacuee property under that Section, impose any terms or conditions which he considers to be just and proper, having regard to the commitments already made, or action already taken by him in the exercise of his functions under the Act, or which otherwise seem to be necessary for carrying out the purpose of the Act.