section 9
Powers of the Custodian in regard to management
The East Punjab Evacuees (Administration of Property) Act, 1947General194723 sections
Statutory text
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.
- (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].
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