section 12
Return of property
The East Punjab Evacuees (Administration of Property) Act, 1947General194723 sections
Statutory text
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.
- (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.
- (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
- (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.]
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