Exemption of evacuee property from process of Court, etc.

Save as otherwise expressly provided in this Act, no evacuee property which has vested or is deemed to have vested in the Custodian under the provisions of this Act shall, so long as it remains so vested, be liable to be proceeded against in any manner whatsoever in execution of any decree or order of any Court or authority, and any attachment or injunction or order for the appointment of a receiver in respect of any such property subsisting on the commencement of this Act, shall cease to have effect on such commencement and shall be deemed to be void. (1) The provisions of this Rule shall apply to proceedings under section 21. In addition to the circumstances mentioned in section 18, the following shall be deemed to constitute a preparation for migration to Portuguese territories. (i) disposal of bulk of one’s household effects, (ii) disposal of assets essential to one’s profession, practice or calling or trade such as the disposal of medical books and equipment by a doctor, the disposal of law books by a practising lawyer and the disposal of his stock-in-trade by a trader, and (iii) disposal of the tools and instruments by which a person earns his livelihood. (2) Where the Custodian is satisfied from the information in his possession or otherwise that a person is an intending evacuee, he shall cause a notice to be given in Form No. 7 on the person. (3) The notice shall, as far as practicable, mention the grounds on which the person is sought to be declared as intending evacuee. (4) The notice shall be served personally; but if that is not practicable, the service may be effected in any manner provided in Rule 24. (5) Where a notice has been duly served and the party called upon to show cause why he should not be declared as an Intending Evacuee fails to appear on the date fixed for hearing the Custodian may proceed to hear the matter ex-parte and pass such order on the material before him as he deems fit. (1) The provisions of this Rule shall apply to proceedings under section 21. In addition to the circumstances mentioned in section 18, the following shall be deemed to constitute a preparation for migration to Portuguese territories. (i) disposal of bulk of one’s household effects, (ii) disposal of assets essential to one’s profession, practice or calling or trade such as the disposal of medical books and equipment by a doctor, the disposal of law books by a practising lawyer and the disposal of his stock-in-trade by a trader, and (iii) disposal of the tools and instruments by which a person earns his livelihood. (2) Where the Custodian is satisfied from the information in his possession or otherwise that a person is an intending evacuee, he shall cause a notice to be given in Form No. 7 on the person. (3) The notice shall, as far as practicable, mention the grounds on which the person is sought to be declared as intending evacuee. (4) The notice shall be served personally; but if that is not practicable, the service may be effected in any manner provided in Rule 24. (5) Where a notice has been duly served and the party called upon to show cause why he should not be declared as an Intending Evacuee fails to appear on the date fixed for hearing the Custodian may proceed to hear the matter ex-parte and pass such order on the material before him as he deems fit. (6) Where such party appears and contests the notice, he shall forthwith file a written statement verified in the same manner as a pleading under the Code of Civil Procedure, 1908 stating the reasons why he should not be deemed to be an intending evacuee. The Custodian shall then either on the same day or on any subsequent day to which the hearing may be adjourned, proceed to hear the evidence, if any, which the party may adduce.