Vidhi Codex

Bare Act

The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006

General200655 sections

This law establishes a legal framework for managing, preserving, and administering properties in Jammu and Kashmir abandoned by individuals who migrated to Pakistan or outside India during civil disturbances following the 1947 Partition. It applies to these evacuees, government-appointed custodians, displaced persons, and current occupants of evacuee lands. By empowering custodians to take custody, grant temporary allotments, collect rents, and prevent unauthorized encroachment, the legislation ensures proper upkeep of abandoned assets. It matters because it balances the housing needs of displaced refugees with formal legal mechanisms for restoring property or providing compensation to returning original owners and their legal heirs.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 3. Act to override other laws.
  4. 3A. Appointment of Custodian General and Deputy Custodian General.
  5. 4. Custodians and their rights, powers, duties and liabilities, appointment of Custodians, etc.
  6. 4A. Appointment of staff.
  7. 4B. Powers of the Minister Incharge to make transfers.
  8. 5. Vesting of property in Custodian
  9. 6. Notification of evacuee property
  10. 7. Power of Custodian to take possession of evacuee property vested in him
  11. 8. Claim by interested persons
  12. 9. Powers and duties of the Custodian generally
  13. 9A. Prohibition of erection or re-erection of buildings without permission.
  14. 10. Power to vary or cancel leases or allotments of evacuee property.
  15. 10A. Revision of Rent.
  16. 11. Payments to Custodian to be valid discharge.
  17. 12. Expenditure by Custodian how to be recouped.
  18. 13. Maintenance of accounts by Custodian.
  19. 14. Restoration of property.
  20. 14A. Transfer of property in lieu of evacuee property.
  21. 14B. Compensation for the land acquired under section 14-A.
  22. 14C. Compensation for the land redeemed.
  23. 15. Exemption from attachment, sale etc.
  24. 16. Occupancy or tenancy right not to be extinguished.
  25. 17. Penalty for failure to surrender possession of evacuee property.
  26. 17A. Penalty for wrongfully paying or receiving rents, etc. in respect of evacuee property.
  27. 17B. Penalty for concealing evacuee property.
  28. 18. Penalty for causing damage to evacuee property.
  29. 19. Penalty for false declaration in certain cases.
  30. 20. Penalty for offences not expressly provided for.
  31. 21. Penalty for abetment
  32. 22. Offences to be cognizable
  33. 23. Cognizance of offences by Courts
  34. 24. Offences to be tried summarily
  35. 25. Restriction on transfer by evacuee
  36. 25A. Restriction on transfer of the property
  37. 26. Prohibition of transfer of immovable property generally in certain areas
  38. 27. Custodian's right to take possession not affected by death of evacuee, etc
  39. 28. Certain officers to be public servants
  40. 29. Powers of the Custodian while holding inquiry under this Act
  41. 29A. Power of the Custodian to impose penalties
  42. 30. Appeal, review and revision
  43. 30A. Powers of revision of the Minister Incharge
  44. 31. Jurisdiction of Civil Courts barred in certain matters.
  45. 32. Protection of action taken in goodfaith.
  46. 33. Recovery of arrears.
  47. 34. Records to be public documents.
  48. 35. Notice to the Custodian.
  49. 36. Fees payable to the Custodian.
  50. 37. Power to exempt.
  51. 38. Delegation of Powers.
  52. 39. Power to make rules.
  53. 40. Repeal and savings.
  54. 41. Power of Government to apply Act to other persons.
  55. (n). Delegation of functions

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