Special provisions with respect to transfer of tenancy rights of evacuees

(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.