section 9
Power to recover rent or damages in respect of evacuee property vested in the Custodian
The Goa, Daman and Diu Administration of Evacuee Property Act, 1964Chapter II Chapter II
(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.
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