The East Punjab Evacuees (Administration of Property) Act, 1947

Short title, extent and commencement.

Definitions.-In this Act unless there is anything repugnant in the subject or context,-

1. (a) "Custodian" includes 1[an Additional Custodian of Evacuee Pro- perty], a Deputy Custodian of Evacuee Property and an Assistant Custodian of Evacuee Property under this Act ; 2[(b) 'Evacuee' means a person ordinarily resident in or owning property or carrying on business within the territories comprised in the Province of East Punjab, who on account of civil disturbances, or the fear of such disturbances, or the partition of the country .-
   • (i) leaves, or has since the first day of March, 1947, left the said territories for a place outside India, or
   • (ii) cannot personally occupy or supervise his property or carry on business or watch his interests or enforce his rights].
2. (c) 'evacuee property' includes all property in which an evacuee has any right or interest but does not include any movable pro- perty in his immediate physical possession ;
3. (d) 'prescribed' means prescribed by rules made under this Act ; 3[**].
4. (e) 'property' includes any right or interest in movable and immov- able property in any shop or business established or any factory or workshop or undertaking or in any debt or actionable claim other than a mere right to sue 4[but does not include cash de- posits in banks]; 5[(f) 'Rehabilitation Authority' includes Financial Commissioner, Rehabilitation, the Commissioner of Division, a Director General, Rehabilitation, Deputy Commissioner, Additional Deputy Commissioner and Deputy Commissioner, Rehabilita- tion of a district, Assistant Collectors of the first and second grades and a District Urban Resettlement Officer ;
5. (g) 'lease' means a lease of evacuee property granted by the Custodian, or a Rehabilitation Authority, or by any person duly authorised by the Custodian in this behalf ; and
6. (h) 'allotment' means the grant by the Custodian or a Rehabilitation Authority or any other person duly authorised by the Custodian in this behalf, of a temporary right of use and occupation of evacuee property to any person otherwise than by way of lease.]

Appointment of Custodians.-With a view to preserve and provide

for the management of evacuees' property, the l[State Government] may appoint a Custodian of Evacuee Property, 2[one or more Additional Custodians of Eva-

for such local area as may be specified, and may by general or special order, provide for the distribution or allocation of the work to be performed by them

under this Act or the rules framed thereunder.

Vesting of evacuee property in the Custodian.-All evacuee property situated within 3[the territories specified in sub-section

1. (1) of section 5 of the

purposes of this Act and shall continue to be so vested until4 [it is returned to the owner in accordance with the provisions of section 121.

Payment to Custodian of sums payable to evacuees.-(1) Any sum [not being a cash deposit in a bank] payable to any evacuee in respect of any contract or loan or otherwise, howsoever shall be paid to the Custodian by the person liable to pay such sum.

1. (2) Any payment made otherwise than in accordance with sub-sectic n
   • (I) shall n3t be deemed to discharge the obligation, and shall not affect the right of the Custodian to enforce such obligation.

Custodian to take possession of evacuee property.-(1) Subject to the provisions of this Act a Custodian may by general or special order with reference to the location or description of a specific or any class of evacuee property assume possession of or control over the property mentioned in the order which shall be published in the Official Gazette. From the date of the order, the holder of such property, if any, shall be deemed to be holding it on behalf of the Custodian and shall on demand surrender possession of it to the Custodian or a person authorised by him in this behalf.

1. (2) If the holder of such property refuses or fails to vacate the property, the Custodian may evict such person and use all force necessary thereto, and may after giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or open any lock or bolt or break open any door or do any act necessary for taking possession.
2. (3) The Custodian shall proceed to take possession of the property in the presence of not less than two residents of the locality, at least one of whom if possible shall be a member of the community to which the evacuee owner belongs, and shall prepare a record, in duplicate, of the proceedings which shall be signed by him and each of the witnesses.
3. (4) When the Custodian takes possession of movable property (including the stock-in-trade or plant or machinery of any undertaking), he shall prepare an inventory, in duplicate, of all such movable property in the presence of not less than two residents of the locality and at least one of whom if possible shall be a person belonging to the community to which the evacuee owner belongs, and also a record of his proceedings, in duplicate, and each copy shall be signed by him and each of the witnesses.
4. (5) On the conclusion oS the proceedings under sub-section
5. (2) or sub-section (3), the Custodian shall forward one copy of the record and inventory to the District Court for record.

Inquiry into claims to evacuee property.--Any person claiming any right to or interest in any property of which the Custodian has taken possession under section 6 may prefer such claim to the Custodian by an application within [thirty] days from the date on which the possession [or assumed control] of the property was taken.

1. (2) The Custodian may, after summary inquiry, reject the application if it appears to him that the claim is untenable.
2. (3) If upon such inquiry it appears to the Custodian that the applicant has a right to or interest in the property, he may make such order as he considers proper in order to give effect to such right or interest consistently with the objects of this Act : Provided that if the Custodian is satisfied that the property is not evacuee property and that the applicant is entitled to the exclusive possession of the pro- perty, he may deliver possession of the property to the applicant.
3. (4) The Custodian shall record an order setting out his findings and the reasons therefor. (4-A) The Custodian or Additional Custodian may, at any time on his own motion or on application made to him, call for records of any proceedings under this section pending before or disposed of by an Assistant or Deputy Custodian, for the purpose of satisfying himself as to the legality or propriety of any order passed in the aforesaid proceedings and may pass any orders in relation thereto as he may think fit : Provided that the Custodian or Additional Custodian shall not under this sub-section pass an order revising or modifying such order and affecting any per- son without giving such person an opportunity of being heard : Provided further that if one of the officers aforesaid takes action under this sub-section, the other shall not be competent to do so ;
4. (5) Any person aggrieved by an order made under sub-section
5. (4) [or sub-section(4-A)] mayappeal to the District Judge within one month of the making of the order [***]
6. (6) The High Court may on its motion or on application made to it call for the record of any proceedings relating to an evacuee property whether pending or disposed of under sub-sections (4), [(4-A)] or (5), for the purpose of satisfying itself as to the legality or propriety of any order passed in the aforesaid proceedings, and may pass such orders in relation thereto as it may think fit.
7. (7) Subject to the decision of the District Judge on appeal or the High

Exemption from attachment, distress and sale Exemption from attachment, distress and sale.-(1) All property which vests in the Custodian shall be exempt from attachment, distress or sale in execution of the decree of a Civil or Revenue Court or in pursuance of the order of any other authority.

1. (2) All subsisting attachments of Evacuees' property effected after 13th September, 1947, under orders of a Civil or Revenue Court or officer or other authority shall cease to have any effect and all sales, leases or other forms of alienation by any court, officer or authority of such property effected after the above-mentioned date shall be liable to be set aside at the instance of the Custodian on an application filed before the court, officer or authority which ordered the sale, lease or alienation, as the case may be, within three months of the coming into force of East Punjab Evacuees' (Administration of Property) (Second Amendment) Ordinance, 1948, or the date of the sale, lease or aliena- tion, whichever is later.

Powers of the Custodian in regard to management.-(I) The Custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving the property of [or over which he has assumed possession or control] and far the proper management thereof.

1. (2) Without prejudice to the generality of the foregoing provision, the Custodian may for the said purposes -
   • (i) carry on the business of the evacuee ;
   • (ii) take action for the recovery of any money due to the evacuee ;
   • (iii) make any contracts or execute ally documents in i11e nallic and on behalf of the evacuee :
   • (iv) institute, defend or continue any legal proceedings ir, a civil or revenue court on behalf of the evacuee, refer ally dispute to arbitration and comprotnise any claims, debts or 1iabilitir.s :
   • (v) raise on the security of the property such loans as may be nrcessary ;
   • (vi) incur any expenditure, including the payment of any taxes, duties, cesses and rates to Government or other authority, and oE any wages and salaries, pensions or provident fund contributions to or in respest of any employee of the evacuee and the payment of any debt due by the evacuee to any person ;
   • (vii) transfer by way of sale or mortgage or lease or otherwise howsoever any property of the evacuee : Provided that the Custodian shall not sell any immovable properiy or any shop or business establishment or any undertaking except on the orders of the [State Government] ;
   • (viii) invest any money held by him in any of the securities approved by the [state Government] ;
   • (ix) make payments for the maintenance of the evacuee or his family;
   • (x) where any house vesting in him is through imminent danger of collapse or for any other reason a source of danger to persons residing or carrying on business in the vicinity to have it demolished, and in such case to sell the materials ;
   • (xi) appoint a Manager for the property of the evacuee or any shop or business establishment or undertaking and authorise him to exercise any of the powers of the Custodian under this section, and, subject to the orders of the [State Governmer~tj. fix remuneration payable to such Manager ; and
   • (xii) delegate by general or special order lo a Rehabilitation Authority or such officers and persons as he considers necessary any of his functions under this Act].

Maintenance of accounts.-(1) The Custodian shall maintain a separate account of the property of each evacuee of which he has taken possession under section 6, and shall cause to be made therein entries of a11 receipts and payments.

1. (2) The accounts shall be maintained in such form asd manner as the "[State Government] may prescribe.
2. (3) The Manager of any property shall maintain the accounts and records relating to the property in his charge, and shall submit such accounts to the Custodian at least once a month.
3. (4) The [State Government] shall cause such accounts to bo iaspa s;.ted at such intervals and by such persons as it shall determine.

Fees.--(I) The [State Goverment] may prescribe the fees pay- able to the Custodian for the management of the property of which he takes possession under section 6.

1. (2) Such fee shall be payable out of the income of the property and shall be a first charge an the property.

Return of property.-(1) On being satisfied that evacuees have returned or are returning to the Province, the [State Government] may by notification in the Official Gazette authorise return of 2[thsir immovable pro- perty] to the owners in accordance with this section.

1. (2) Any person claiming to be entitled to any such property may apply in writing to the Custodian, who shall after giving public notice hold a summary inquiry into the claim, and make a formal order declaring the person to whom the possession of the property may be delivered.
2. (3) The delivery of the property to the person named in such order shall absolve the Custodian of all responsibility in respect of the property, but shall not prejudice any rights in respect of the property which any other person inay be entitled to by due process of law to enforce against the person to whom posses- sion of the property is so delivered : Provided that every lease validly granted by the Custodian shall have effect as against the owner until determined by lapse of time or operation of law. (4) The Custodian shall deliver or cause to be delivered to the person named in the order referred to in sub-section
3. (2) a statement ccntaining an abstract of the account of the management of the property and, if any sum be due and outstanding to the Custodian in respect of the excess expenses or fees, a notice requiring that person to pay such sum with interest at the rate of six percentun~ per annuin from the date of the noticc ; and if the sum be not paid witlain time specified in the nvtiee it will be recoverable as provided in section 20. "(5) The Custodian may direct return of part or whole of the movable property to the owner at any time on such conditions and terms as he deems fit.]

Powers of the Custodian holding inquiry.-While holding an inquiry under this Act, the Custodian shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing attendance of witnesses, compelling the discovery and production of documents, and shall be deemed to be

a court within the meaning of sections 480 and 482 of the

Code of Criminal Procedure, 1898 (V of 1898).

Power of the Custodian to obtain information.-(1) The Custodian

ferred to in section 4 or otherwise necessary for carrying into effect the objects of this Act.

1. (2) Whoever fails to comply with a direction under sub-section
2. (1) or

submits information which is false or which he either knows or has reasonable

cause to believe to be false or does not believe to be true, shall be punishable

with imprisonment extending to six months and shall also be liable to fine.

Other powers of the Custodian.-(1) The Custodian may, if it appears to him to be necessary to do so to secure compliance with this Act or otherwise to carry into effect the objects of this Act-

1. (a) inspect or cause to be inspected any books of account or other document; and
2. (b) enter and search or authorise any person to enter and search any premises;

1. (2) Whoever obstructs the Custodian or any person acting under his direction in the exercise of the powers conferred under sub-section
2. (1) shall be punishable with imprisonment which may extend to six months or with fine or with both.

Certain officers to be public servants.-The Custodian and every person duly appointed by any authority to discharge any functions under this Act or the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1861 (XLV of 1861).

Orders not to be called in question.—(1) Except as provided in this Act no order made or action taken in exercise of any power conferred by this Act shall be called in question in any court.

1. (2) In particular and without prejudice to the generality of the foregoing provisions, no Civil Court shall-
   • (i) entertain any suit for declaration or for any other relief with regard to evacuee property or with regard to any order of cancellation, termination or modification of lease or to any order demanding surrender of possession:
   • (ii) issue an injunction or other order in relation to any act done or intended to be done by the Custodian or a Rehabilitation Authority or any person duly authorised by the Custodian in this behalf;
   • (iii) be competent to prevent or delay the ejectment or dispossession of a person against whom an order of ejectment or dispossession has been passed by the Custodian or a Rehabilitation Authority or any person duly authorised by the Custodian in this behalf;
   • (iv) be competent to eject or dispossess a person to whom any evacuee property has been allotted or leased out by the Custodian or a Rehabilitation Authority or any person duly authorised by the Custodian in this behalf.
2. (3) All injunctions against any evacuee property subsisting on the date of coming into force of East Punjab Evacuees' (Administration of Property) (Second Amendment) Ordinance, 1948, shall cease to operate on and after that date and shall be deemed to be vacated.

Procedure.—(1) All offences specified in section 15-A shall be cognizable but no prosecution for an offence under sub-sections (1),

1. (2) or
2. (3) of the said section, or abetment of such an offence, shall be instituted except with the sanction of the State Government or the Custodian or a District Magistrate or a Deputy Commissioner, Rehabilitation or any other officer authorised by the State Government by general or special order in this behalf.
3. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), no person accused or convicted under sub-sections (2),
4. (3) and
5. (4) of section 15-A or of abetment of any such offence, shall, if in the custody, be released on bail or on his own bond, unless-
   • (a) the prosecution has been given an opportunity to oppose the application for such release ; and
   • (b) where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence or abetment.

Bar to legal proceedings.--No suit, or prosecution or other legal proceedings shll lie against the State Government or the Custodian [or a Rehabilitation Authority] or nay person acting under their direction in respect nf anything done or purported to have been done in pursuance ofthis Act.

Recovery of arrears.--Any arrear due from or sum payable by any person to the Custodian "or a Rehabilitation Ailthsvity] rimy on application to the Collector be realized as an arrear of land revenue.

Records under this Act to be public documents.--All records prepared or registers maintained under this Act shall be deemed to be public documents within the meaning of the Indian Evidence Act, 1872 (1 of 1872), shall be presumed to be true until the contrary is proved.

Power to make rules.--(1) The [State Government] may, by notification, in the Official Gazette make such rules as appear to it to be necessary or expedient for putting into effect the provisions of this Act.

1. (2) Without prejudice to the generality of the powers conferred by sub-section (1), the rules may provide for, or may empower any authority to make orders providing for all or any of the following matters, namely:--
   • (a) the terms and conditions of service of Custodians and other officers appointed under this Act, and for the furnishing of security by them;
   • (b) the forms of applications and the manner of their presentation;
   • (c) the forms of the notices to be issued, the orders to be made and the manner of their service and publication;
   • (d) the manner in which appeals may be presented;
   • (e) the procedure for holding summary inquiries and for the disposal of appeals;
   • (f) the procedure governing the grant of leases or the sale of property by Custodians and the periods for which leases may be granted;
   • (ff) the circumstances under which leases and allotments may be terminated or the terms thereof be varied and the conditions on which and the authority to whom an appeal or revision, if any, against any such order shall lie;
   • (g) the forms of and the manner in which the books of account and other records shall be maintained;
   • (h) the classes of officers to be appointed by Custodians, their remuneration, designations, powers and functions and the extent of their jurisdiction;
     • (i) the time and manner in which, and the authority by whom, the books of account and other records maintained under this Act shall be inspected and audited.
2. (3) Subject to rule under this section a Custodian may refer any case which he is empowered to dispose of to a subordinate for investigation and report and may decide the case upon such report.

Repeal of Ordinance No. IV of 1947.-The East Punjab Evacuees' (Administration of Property) Ordinance, 1947, is hereby repealed.