PIO left for Bangladesh in 1956

under the Indian Evacuees Act, the right over the property is conferred to the relatives of the Evacuee

I agree with A.G.

Dear Sir,

would you please inform where to apply for ownership of this property and what is the procedure,

Thank you again for your novel job.

8.Vesting of evacuee property in the Custodian

(1)Any property declared to be evacuee property under Section 7 shall be deemed to have vested in the Custodian for the State.

(a)in the case of the property of an evacuee as defined in sub-clause (i) of Clause (d) of Section 2, from the date on which he leaves or left any place in a State for any place outside the territories now forming part of India;

(b)in the case of the property of an evacuee as defined in subclause (ii) of Clause (d) of Section 2, from the 15th day of August, 1947; and

(c)in the case of any other property, from the date of the notice given under sub-section (1) of Section 7 in respect thereof.

(2)Where immediately before the commencement of this Act, any property in a State had vested as evacuee property in any person exercising the powers of Custodian under any law repealed hereby the property shall, on the commencement of this Act, be deemed to be evacuee property declared as such within the meaning of this Act and shall be deemed to have vested in the Custodian appointed or deemed to have been appointed for the

Provided that where at the commencement of this Act there is pending before the High Court, the Custodian or any other authority for or in any Statuary proceeding under Section 8 or Section 30 of the Administration of Evacuee property Ordinance, 1949 (XII of 1949), or under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 1949 (XXVII of 1949), then notwithstanding anything contained in this Act or in any other law for the time being in force, such proceeding shall be disposed of as if the definitions of "evacuee property" and "evacuee" contained in Section 2 of this Act had become applicable thereto. Act had become applicable thereto.

[14](2A)Without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of Custodian in any State shall, notwithstanding any defect in, or the invalidity of, such law or any judgement, decree or order of any court, be deemed for all purposes to have validly vested in that person, as if the provisions of such law had been enacted by Parliament and such property shall, on the commencement of this Act, be deemed to have been evacuee property declared as such the meaning of this Act and accordingly, any order made or other action taken by the Custodian or, any other, authority in relation to such property shall be deemed to have been validly and lawfully made or taken.]

(3)Where any property in a State belonging to a joint stock company vested in any person exercising the powers of a Custodian under any law previously in force, then nothing contained in Clause (f) of Section 2 shall affect the operation of sub-section (2), but the Central Government] may, by notification in the Official Gazette, direct that the Custodian shall be vested of any such property In such manner and after such period as may be specified in the notification.

(4)Where after any evacuee property has vested In the Custodian any person is in possession thereof, he shall be deemed to be holding it on behalf of the Custodian and shall on demand surrender possession of it to the Custodian or to any other person duly authorised by him in this behalf.

9.Power of Custodian to take possession of evacuee property vested in him

If any person in possession of any evacuee property refuses or fails on demand to surrender possession thereof to the Custodian or to any person duly authorized by him in this behalf, the Custodian may use or cause to be used such force as may be necessary for taking possession of such property and may, for this purpose, after giving reasonable warning and facility to any woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose.

10.Powers and duties of the Custodian generally

(1)Subject to the provisions of any rules that may be made in this behalf, the Custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactory to discharge any of the duties imposed on him by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto.

(2)Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may, for any of the purposes aforesaid.

(a)carry on the business of the evacuee;

(b)appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section;

(c)enter, or authorise any other person to enter, any land or premises to inspect any evacuee property;

(d)take all such measures as may be necessary to keep any evacuee property in good repair:

(e)complete any building which has vested in him and which requires to be completed;

(f), (g) and (h)[Omitted by the Administration of Evacuee Property (Amendment) Act, 1956 (91 of 1956), S. 4 (22-10-1958)]

(i)take such action as may be necessary for the recovery of any debt, due to the evacuee;

(j)institute, defend or continue any legal proceeding in any civil or revenue Court on behalf of the evacuee or refer any dispute between the evacuee and any other person to arbitration or compromise any claims, debts or liabilities on behalf of the evacuee; or

(k)[Omitted by the Administration of Evacuee Property (Amendment) Act, 1956 (91 of 1956), S. 4 (22-10-1958)]

(l)in any case where the evacuee property which has vested in the Custodian consists of share in a company, exercise, notwithstanding anything to the contrary contained in the Indian Companies Act, 1913 t (VII if 1913) or in the article of association of the company, the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the Court under the provisions of the Indian Companies Act, 1913, or the articles of association of the company or in any other matter as the evacuee shareholder himself could have done had he been present, although the name of the Custodian does not appear in the register of members of the company;

(ll) in any case where the evacuee property which has vested in the Custodian consists of fifty-one per cent or more of the shares in a company, the Custodian may bake charge of the management of the whole affairs of the company and exercise, in addition to any of the powers vested in him under this Act, all or any of the powers of the directors of the company notwithstanding that the registered office of such company is situate in any part of the territories to which this Act extends, and notwithstanding anything to the contrary contained in this Act or the Indian Companies Act, 1913, or in the articles of association of the company;

Provided that the Custodian shall not take charge of such management of the company except with the previous approval of the Central Government;]

(m)incur any expenditure, including the payment of taxes duties, ceases and rates to Government or to any local authority [17][* **];

(n)pay to the evacuee or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto, any sums of money out of the funds in his possession

(o)transfer in any manner whatsoever any evacuee property, notwithstanding anything to the contrary continue in any law or agreement relating thereto:

Provided that the Custodian shall not sell any immovable property or any business or other undertaking of the evacuee, except with the previous approval of the Custodian-General

[18][(p)acquire any non-evacuee interest in evacuee property, whether by way of purchase or otherwise:

Provided that no such acquisition shall be made except with the previous approval of the Custodian-General. ]

(q)delegate, by general or special order, all or any of his functions under this Act to such officers or persons as he thinks fit:

[19][* * * * * * *]

[20]10-A. Power to recover rent or damages in respect of evacuee property vested in the Custodian

(1)Where any person is in arrears of rent in respect of any evacuee property vested in the Custodian, the Custodian may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order.

(2)Where any person is deemed to be holding any evacuee property on behalf of the Custodian under sub-section (4) of Section 8, the Custodian may, having regard to such of assessment of rent as ,has be prescribed, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed.

(3)Where any person is, or has at any time been, in unauthorised possession of any evacuee property vested in the Custodian, the custodian may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order.

(4)Where any person being in possession of any evacuee property vested in the Custodian has caused damage to any such property, the Custodian may assess the compensation payable on account of the damages so caused and may, by order, require that person to pay the compensation within such time and in such instalments as may be specified in the order.

(5)No order shall be made under sub-section (2) or sub-section (3) or sub-section (4), until after the issue of a notice in writing to the person concerned calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Custodian.

Dear N K Assumi

Thanks a million this will help me a worth.