Declaration of a person as intending evacuee

(1) Where the Custodian has reason to believe that a person is an intending evacuee, he may, by notice served in the prescribed manner, call upon such person to show cause why he should not be declared an intending evacuee, and shall, after holding such inquiry into the matter as the circumstances thereof permit, and after taking such evidence as may be produced by or on behalf of the person showing cause, pass an order (stating the reasons therefor) either declaring such person to be an intending evacuee or closing the case. (2) Any declaration made under sub-section (1) shall be published in the Official Gazette. (3) The Custodian may, pending determination of the question whether any person is an intending evacuee or otherwise, attach in the prescribed manner any property in Goa, Daman and Diu in which such person has a right or interest, and during the pendency of such attachment, the property shall 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. (1) An application for confirmation under sub-section (1) of section 31 shall contain the following particulars, namely: (a) Boundaries, name and location and registration number of the property. (b) Particulars of the transfer sought to be confirmed including the dates of the transfer and registration, if any, the address of the parties and the consideration paid or deferred. (c) Particulars of any previous transfers in respect of the property. (d) The name and address of the person in possession of the property transferred and the capacity in which such person is in possession. (2) The application shall be verified in the manner prescribed in the Code of Procedure, 1908, for verification of pleadings and shall be accompanied by a copy of the transfer deed, in question, and also a schedule containing the particulars of any other property owned, possessed or transferred by the transferor after 6th December, 1961. (3) The application shall be presented by the transferor or the transferee, personally or by any person claiming under, or lawfully authorised by either of them. (4) The Custodian shall cause a notice in Form No. 8 to be served on the transferor or transferee, as the case may be, and may further cause a similar notice to be served on any person whom the Custodian considers to be interested in, or likely to be affected by, the result of the application. (5) After notices are served in accordance with the provisions of sub-rule (4) the Custodian shall after a summary enquiry proceed to determine the application. (6) If the party making an application fails to appear on the date fixed when the case is called for hearing, the Custodian may dismiss the application for default or proceed to decide the application in the absence of the party, on the material before him. (7) Where the application is dismissed under sub-rule (6) the application shall be precluded for making a fresh application on the same facts with respect to the same property. But the applicant may apply within thirty days from the date of the order of dismissal is communicated to him for an order setting aside the dismissal and the Custodian, if he is satisfied that there was sufficient cause for non-appearance when the case was called for hearing shall make an order setting aside the order of dismissal, upon such terms as he thinks fit and shall fix a date for proceeding with the application. (8) The Custodian shall refuse to confirm any transfer which he has reasonable grounds to believe to be colourable or benami.