Section 40 in The Displaced Persons (Compensation and Rehabilitation) Act, 1954
40. Power to make rules—(1) The Central Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the form and manner in which and time within which, an application for payment of compensation may be made and the particulars which it may contain;(b)the circumstances in which and the conditions subject to which evacuee property may be acquired under this Act;(c)the sales according to which the form and manner in which, and the installments by which compensation may be paid to displaced persons;(d)the dues which may be deducted from the amount of compensation to which a displaced person is entitled;(e)the form and manner in which Government bonds may be isued to displaced persons;(f)the valuation of property, shares and debentures which may be transferred to displaced persons;(g)the terms and conditions subject to which property may be transferred to a displaced person under section 10;(h)the circumstances under which, the extent to which and the manner in which, rehabilitation grants and other grants may be paid to a displaced person;(hh)the manner in which any dispute as to who are the successors in interest of any deceased claimant to a rehabilitation grant or other grant, and as to the apportionment of such grant among persons entitled thereto, may be determined;(i)the powers, functions and duties of managing officers and managing corporations;(j)the procedure for the transfer of property out of the compensation pool and the manner of realisation of the sale proceeds or the adjustment of the value of the property transferred against the amount of compensation;(k)the procedure to be followed by officers appointed under this Act for making enquiries under this Act;(l)the form and manner in which appeals and applications for review or revision may be preferred or made under this Act and the procedure for hearing such appeals or application for review or revision;(m)the powers vested in a Civil Court which may be exercised by an officer appointed under this Act;(n)the form and manner in which records and books of accounts may be maintained under this Act;(nn)the fees payable in respect of appeals, revisions or other application made under this Act;(o)any other matter which is to be or may be prescribed under this Act.(3)Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case made be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.CommentarySTATEMENT OF OBJECTS AND REASONS“Negotiations have been in progress with the Government of Pakistan for more than six years with a view to arrive at an equitable solution of the problem of immovable evacuee property. The Government of India have all through been of the view that the immovable evacuee properties including agricultural land in India and Pakistan should be exchanged in lump on Government to Government basis, the debtor country paying to the creditor for the difference between the values of such properties in the two countries. The proposals made by the Government of India from time to time have, however, been turned down by Pakistan. There has been a persistent demand from displaced persons that these properties should be transferred to them in permanent ownership, the properties have been fast deteriorating and many of them have already been declared unfit for habitation or have crumbled down. To halt further deterioration and to facilitate the rehabilitation of displaced persons from West Pakistan this Bill provides that the right title and interest of evacuees in evacuee properties in India should be acquired by Government. The compensation to be paid to displaced persons will be confined to the utilization of the acquired evacuee property in India as well as any amount realized from Pakistan on account of the difference between the values of evacuee properties in the two countries. The loans so far advanced to displaced persons from West Pakistan, the properties built by the Government for their rehabilitation and the provision made till May, 1953 for their rehabilitation for the future under the Five Year Plan or otherwise will be utilized for rehabilitation by giving grants. The Bill provides for the payment of rehabilitation grants.
