Custodian’s right in respect of leases, allotments of possession of evacuee property

(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.