Section 25 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
25. Transfer of acquired evacuee property which is an allottable property to person in occupation thereof who holds a verified claim.
(1)Where an applicant for payment of compensation is in sole occupation of an acquired evacuee property which is an allottable property, such property may be transferred to him in lieu of the compensation payable to him under the Act:-Provided that the total amount of net compensation payable to the applicant is not less than half in the case of property other than an industrial concern and less than ¼ th in the case of an industrial concern or such other smaller proportion as the Chief Settlement Commissioner may in either case determine, of the value of the property as determined under rule 24;Provided further that no industrial concern shall be transferred to the applicant unless he pays up the arrears, if any, of the lease money outstanding against him in respect of such concern.(2)Where the value of the property exceeds the net amount of compensation payable to the applicant, the applicant shall be required to pay the balance -(a)in one lump sum, or(b)in instalments as the following :-(i)in the case of property other than industrial concern -(a)where the value of the property does not exceed in the case of a shop in a rural area or in town other than those mentioned in Appendix X, two thousand rupees and in the case of any other property five thousand rupees in four equal annual instalments,(b)where the value of the property exceeds the limits specified in clause (a) or where the property consists of a shop situated in the town specified in appendix X, in two equal instalments.(ii)In the case of an industrial concern instalments spread over a period not exceeding two and a half years.Provided that in the case of an acquired evacuee property including an industrial concern which is an allottable property, the applicant may at his option, pay the balance together with interest in seven equated instalments.Provided further that if the value of an acquired evacuee property other than industrial concern is more than rupees ten thousand but does not exceed fifteen thousand, the applicant shall be required to pay the balance together with interest at the rate specified in rule 28 in three equal annual instalment.(3)Where the amount of net compensation payable to the applicant exceeds the value of the property, the property may be transferred to the applicant and he may be paid the balance of the compensation in cash or in the form of property in accordance with the provisions of these rules.(4)Where the value of the property is equal to the amount of net compensation, the property may be transferred to the applicant and in such a case the claim for compensation shall be deemed to have been fully satisfied.
