section 6
Custodian to take possession of evacuee property
The East Punjab Evacuees (Administration of Property) Act, 1947General194723 sections
Statutory text
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.
- (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.
- (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.
- (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.
- (5) On the conclusion oS the proceedings under sub-section
- (2) or sub-section (3), the Custodian shall forward one copy of the record and inventory to the District Court for record.
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