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Union of India - Act

Transfer of Evacuee Deposits Rules, 1955

UNION OF INDIA
India

Transfer of Evacuee Deposits Rules, 1955

Rule TRANSFER-OF-EVACUEE-DEPOSITS-RULES-1955 of 1955

Published on 16 September 1955
Commenced on 16 September 1955
[This is the version of this document from 16 September 1955.]
[Note: The original publication document is not available and this content could not be verified.]

Transfer of Evacuee Deposits Rules, 1955Published vide Notification Gazette of India, Extraordinary, 1955, Part 2, Section 3, p. 2003

1722.

S.R.O. 2056, dated the 16th September, 1955. - In exercise of the powers conferred by section 13 of the Transfer of Evacuee Deposits Act ,1954 (15 of 1954) the Central Government hereby makes the following rules, namely:

1. Short title.

- These rules may be called the Transfer of Evacuee Deposits Rules, 1955.

2. Definitions.

(1)In these rules, unless the context otherwise requires, -

(a)"Act" means the Transfer of Evacuee Deposits Act, 1954 (15 of 1954).

(b)"authorised officer or authority in Pakistan" means an officer or authority in Pakistan specified by the Central Government in a notification issued under sub-section (1) of section 4 or under sub-section (1) of section 5, as the case may be;

(c)"court" means a civil court or revenue court or a court of wards situated in an area to which the Act applies or the manager exercising jurisdiction in any such area, as the case may be, according as the context in each case may require;

(d)"form" means a from appended to these rules; and

(e)"section" and "sub-section" mean, respectively, a section and sub-section of the Act.

(2)All words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

3. Terms and conditions of service of the Custodian, Assistant Custodians and other officers.

(1)The Custodian, the Assistant Custodians and all other officer appointed to assist the Custodian or the Assistant Custodians for the purposes of the Act shall subject to any special contract to the contrary, be governed by the Central Civil Services Rules applicable to the appropriate class or grade of officers to which the Custodian or an Assistant Custodian or any other officer belongs.

(2)If any question arises as to the class or grade of officers to which the Custodian or an Assistant Custodian or any other officer belongs, the decision of the Central Government thereon shall be final.

4. Local Limits of jurisdiction.

(1)The Custodian shall exercise jurisdiction within the limits of the whole of the territories to which the Act extends subject to the general superintendence and control of the Central Government.

(2)Subject to the other provisions of these rules, the local limits of jurisdiction of an Assistant Custodian shall be such as may, from time to time, be determined by the Central Government.

5. Distribution of work between Custodian and Assistant Custodians.

(1)The Custodian shall be the principal officer responsible for the exercise and discharge of the powers and duties conferred and imposed on him by or under the Act.

(2)An Assistant Custodian shall discharge the duties imposed on him by or under the Act under the general superintendence and control of the Custodian who shall provide for the distribution of the work among the Assistant Custodians subject to such general or special orders as the Central Government may from time to time issue in this behalf.

(3)The records relating to transferable deposits, other than the records relating to such deposits as are in the custody of the court, and the work involving the reception of any deposits from Pakistan and the records, relating thereto, shall be in the exclusive charge of the Custodian.

6. Transfer of work.

- Subject to such orders as the Central Government may make, the Custodian may transfer any work from one Assistant Custodian to another Assistant Custodian or from any Assistant Custodian to himself or from himself to any Assistant Custodian.

7. Manner in which deposits and records relating thereto may be transferred to Pakistan under sub-section (2) of Section 4.

(1)With a view to satisfying itself that all persons interested in a deposit proposed to be transferred to Pakistan are evacuees, the court shall cause a notice of such deposit in Form I to be published on the notice board of the court and at such other places and in such newspapers as the court thinks fit and any objections or suggestions which may be received from any person with respect to the said deposit within a period of fifteen days of the date of publication of the notice shall be duly considered by the court before it passes any order directing the transfer of the deposit to Pakistan. A copy of every notice published under this sub-rule by the Court shall forthwith be forwarded by it to the Custodian.

(2)Where after the publication of a notice under sub-rule (1) and hearing the parties, if any, the court is satisfied that a deposit should be transferred to Pakistan, it shall transfer the deposit along with the records relating thereto the authorised officer or Authority in Pakistan in such manner as the Custodian may by general or special order direct :Provided that where such deposit represents cash, the deposit together with the records relating thereto shall be transferred by the court to the Custodian for transmission to the authorised officer or authority in Pakistan.

(3)A list of the deposits, whether cash or otherwise, transferred to Pakistan by the court, shall be furnished by it to the Custodian in Form II.

8. Manner of inquiry under sub-section (2) of section 5.

(1)Where either on a request received from the authorised officer or authority in Pakistan or on any other information available to him, the Custodian, after the inspection of the records relating to a transferable deposit, is satisfied that an inquiry should be held to determine whether that deposit together with the records relating thereto should be transferred to Pakistan, he shall cause a notice thereof in Form III to be published on his own notice board and on the notice board of the appropriate court and at such other places and in such newspapers as he may think fit and also cause a copy of the notice to be served on such persons, other than any evacuee, as appear to him to be interested in such deposit.

(2)Where a notice has been duly served, and the persons called upon to show cause why the deposit should not be transferred to Pakistan fail to appear on the date fixed for the hearing, the Custodian may proceed ex parte, and pass such order on the materials before him as he thinks fit.

(3)Where any such party appears and contests the transfer of the said deposit to Pakistan, the Custodian may, after recording the substance of the evidence submitted before him, proceed to determine the question whether the deposit is a transferable deposit, and if so, whether any person other than an evacuee has any interest in such deposit. Where he decides that a person other than an evacuee has any interest in the deposit, he shall refer the matter to the principal civil court of original jurisdiction for determining the extent of the right or interest which the evacuee or any other person has in such deposit.

9. Procedure under sections.

(1)On receipt of any deposit transferred from Pakistan, the Custodian shall cause a notice in Form IV to be served on the persons interested in such deposit and on any other persons whom he considers to be interested in such deposit, or whose evidence is in his opinion, likely to be helpful in determining the ownership of the deposit.Provided that where the address of the persons interested in the deposit are not known, the Custodian shall cause a notice to be published on his notice board and in such newspapers as he thinks fit.

(2)Where a notice has been duly served and all the persons called upon to prove their interest in the deposit to appear on the date fixed for the hearing, or where all such persons appear but do not agree as to the person or persons entitled to the deposit or to the manner of its distribution among them, the Custodian shall forward the deposit and the records relating thereto to the principal civil court of original jurisdiction within whose jurisdiction all or the largest number of persons reside, or where the persons residing within the jurisdiction of two or more courts are equal in number, to the court, which in the opinion of the Custodian, could best serve the convenience of such persons.

(3)The court or the Custodian may make payment of any deposit to any persons claiming to be entitled to such payment on their executing bonds, with or without sureties, for rendering an account of the payment received by such persons and for indemnifying any other persons who may thereafter be found to be entitled to the whole or any part of such payment.

10. Manner of service or publication of notice, summons or order.

(1)Service or publication of any notice, summons or order under the Act or under these rules shall be effected in one or more of the following modes namely :

(a)by giving or tendering it to the person concerned or his manager or agent, if any,

(b)by leaving it at the last known place of business of the person concerned or by giving or tendering it to some adult member of the family,

(c)by sending the notice, summons or order by registered post,

(d)by affixing the notice, summons or order on some conspicuous part of the premises occupied by the person concerned or at the last known place of business or residence of the persons concerned or by publication in a daily or weekly newspaper or by proclamation by beat of drum in the locality.

(2)Any notice, summons, or order served or published under sub-rule (1) shall be deemed to be conclusive proof of the service or publication of the matter contained therein.

11. Manner in which certified copies of any records may be prepared under this Act, and the fees, if any, which may be levied in respect of such certified copies.

(1)The following fees shall be payable by a person desirous of obtaining any copy from any records maintained by the Custodian, namely:

(i) Copy of an order passed by the Custodian	Re. 8/-
(ii) Copy of any application, objection, petition, affidavit or statement made by a party or witness.	Re. 1/-
(iii) Any other document.	Re. 1 /-

(2)Any person interested in any deposit transferable to Pakistan may with the permission of the Custodian or court inspect the record relating to such deposit on payment of Fee of Rs. 2.

(3)The Custodian may authorise a person inspecting to take short notes (not verbatini) in pencil.

(4)A fee of Rs. 8/- shall be payable on every application made to the Custodian under the Act or these rules.

(5)The fees payable under this rule may be paid in such manner as the Central Government may, from time to time, determine.

(6)A register shall be maintained in the office of the Custodian showing the fee, if any, paid in respect of issue of certified copies.

12. Seal.

- The Custodian and the Assistant Custodian shall each have a seal which bear the words "Custodian of Deposits" or "Assistant Custodian of Deposits", as the case may be.

13. Maintenance of Records and Registers.

- The following records and registers shall be maintained by the Custodian and by officers authorised to act on his behalf, namely:

(a)Index Register of Displaced Persons. - The names of displaced persons whose deposits are received from Pakistan shall be arranged in the Index Register in Form V in alphabetical order. References to the pages of other registers in which the transactions of the displaced persons are recorded shall be given against the relevant entry in this register.

(b)Index Register of Evacuees. - The Index Register which shall be maintained in Form VI shall show the names of evacuees whose deposits are transferred to Pakistan. The names shall be arranged in alphabetical order. References to the pages of the other registers in which the transactions of the evacuees are recorded shall be given against the relevant entry in this register.

(c)Register of deposits received from Pakistan. - The deposits received from Pakistan shall be entered in a register which shall be maintained in Form VII and shall show the names of displaced persons together with the particulars of their deposits received from Pakistan and the subsequent disposal of such deposits in India.

(d)Registrar of deposits transferred to Pakistan. - The deposits transferred to Pakistan shall be entered in a register which shall be maintained in Form VIII and shall show the names of evacuees together with particulars of their deposits transferred to Pakistan.

(e)Register of Valuables. - All particulars of account books, documents, jewellery and other valuables in possession of the Custodian or officers authorised to act on his behalf shall be noted in the Register of Valuables which shall be maintained in Form IX.

(f)Cash Book. - A cash book shall be maintained in Form X to show all transactions of receipts and payments relating to the deposits in the custody of the Custodian and his subordinate officers acting on his behalf. Amounts received or paid on account of these deposits shall be entered in the Cash Book, on the dates on which they are received or paid. The Cash Book shall be closed at the end of each day and the entries therein shall be checked and initiated daily by the Custodian or a gazetted officer authorised by him in this behalf. All cash in hand shall be deposited promptly into the treasury and verified at the end of each month by the Custodian or by the officer so authorised who shall record a signed and dated certificate to this effect in the Cash Book.

(g)Receipt Book. - Any person authorised to receive money on behalf of the Custodian shall issue a receipt in Form XI. The receipt shall be prepared by carbon process by using double-sided carbon paper. All receipts shall be signed by the Custodian or by an officer authorised by him in this behalf.

(h)Personal account of displaced persons. - A personal account in Form XII shall be maintained in respect of each displaced person in a bound register with an index arranged in alphabetical order. Sufficient number of pages shall be assigned for each displaced person. The transactions of receipts and payments shall be posted in the personal account of each displaced person.

14. [ Form of application for claiming restoration of Court deposits received from Pakistan. [Inserted by G.S.R. 981, dated 10.7.1982]

- Every application for claiming payment of Court deposits received from Pakistan shall be in form XIII.]Form I[See Rule 7 (1)]NoticeIn the Court of ......................Dated .......................Whereas a deposit /deposits of the person/persons specified in the Schedule annexed hereto is/are lying in this Court;Notice is hereby given that persons claiming interest in the said deposit may present their objections (with all material evidence on which they wish to rely) within a fortnight from the date of this notice, as to why orders should not be passed transferring the said deposit/ deposits together with the records relating thereto to Pakistan.Given under my hand and seal of the Court this...... day of......19....(Seal of the Court)

Schedule

Serial No.	Name of the evacuee and his last known address in India	Brief description and amount of the deposit

Copy of the Custodian of Deposits, Delhi.Form II[See rule 7 (e)]List Of Deposits Transferred/to Be Transferred To PakistanState .....................Court .....................

Sr. No.	No. of the case and other references for tracing the deposits and their records	Names of the parties, with address	Particulars of deposit	Remarks
		Names	Last known address in India	Address in Pakistan, if known	Amount	Details of jewellery, etc.

Form III[See Rule 8 (1)]Office Of The Custodian Of DepositsNoticeTo,..................................................Whereas information has been received that a deposit /deposits of person/persons specified in the Schedule hereto annexed has/have been lying in the Court of .............Court of Wards Manager.............Now I hereby call upon you to show cause (with all material evidence on which you wish to rely) why orders should not be passed ordering the transfer of the said deposit/ deposits together with the records relating thereto to Pakistan.

Schedule 2

Serial No.	Name of parties	Brief Description of the deposit	Remarks
	1.
	2.
	3.
	4.

Given under my hand seal of my office this.....day of....19.Custodian of Deposits.Form IV[See Rule 9 (1)]Office of the Custodian of DepositsTo,Shri .......................................................Whereas the under mentioned deposit/ deposits has/have been received from Pakistan and is/are held in my custody under section 9 of the Transfer to Evacuee Deposits, Act 1954 (15 of 1954).And whereas it is desirable to hear you in person to determine the claim in respect of the said deposit;Now, THEREFORE, you are hereby called upon to show cause (with all material evidence on which you wish to rely) why orders should not be passed declaring Shri...........as the owner of the deposit.The hearing of this case is fixed before the undersigned on.........19 at.......

Description of Deposit	Name of the Depositor/ Depositors as intimated by the Pakistan Government	Court in Pakistan from which the deposit was received.

Custodian of DepositsFORM V(See Rule 13)Index Register (for displaced persons)

Serial No.	Name and father's name of displaced person with address in Pakistan before evacuation	Firm's name, if any	Name of Register and page No.	Remarks

FORM No. VI(See Rule 13)Index Register (for evacuees)

Serial No.	Name and father's name of evacuee with address in India before evacuation	Firm's name, if any	Reference to Register of deposits and page No.	Remarks

Form NO. VII(See Rule 13)Register of Deposits received from Pakistan

Sl. No.

No. and date of the letterwth which received

Court in Pakistan fromwhich transferred

Nature of deposits (whetherCourt deposit, deposit of minors in guardianship Courts, depositsin Court of Wards or with Manager Encumbered Estates)

Particulars of deposit

Initials of Custodian

No. and date of letter withwhich deposit entrusted to the Assistant Custodian forrestoration to owners in India

Date on which deposit wasmade over to owner/owners

The Court which deposit wastransferred in the event of disagreement amongst claimants or thenon-appearance of the parties

No. and date of the letteraddressed to Court

Initials of Custodian

Remarks

Amount in cash

Details of jewellery orother movable property

Form VIII(See Rule 13)Register of Deposits transferred to Pakistan

Sl. No.	No. and date of the letterfrom the Court	Name/Names of the owner ofthe deposit as intimated by the Court	Nature of deposits i.e.(whether Court deposit, deposit of minors in guardianship Courts,deposits in Court of Wards or with Manager Encumbered Estates)	Particulars of deposit	Date on which transferredto the authorised officer in Pakistan	Initials of Custodian	Remarks
Amount in cash	Details of jewellery orother movable property

FORM IX(See Rule 13)Register of ValuablesFORM X

Serial No.	Reference to depositRegister	Name and address of theowner	Full particulars of theproperty, etc.	Date of possession	Signature of In-charge	Date of disposal	Mode of disposal	Signature of In-charge	Remarks

(See Rule 13)Cash book for the month ........20

Dr.

Receipts

Payments

Cr.

Date

Sl. No.

Receipt No.

On what account and fromwhom received

Cash in

Remarks (Quote referenceto page No. of the Register of deposits.)

Date

Sl. No.

Disbursement voucher No.

On what account and towhom paid

Amount paid at Treasury

Remarks

Hand

Treasury

In Cash

Cheque amount

Rs.

As.

Ps.

Rs.

Ps.

Rs.

As.

Ps.

Form XI(See Rule 13)Custodian of DepositsBook No............Receipt No..............Date ...........Received from.........................Rs. ............................Receipt .......................on account of............................................Form XII(See Rule 13)Ledger account of ..........

Month

Particulars ofReceipts

Amount

Intials

Remarks

Particulars ofExpenditure incured. Disbursement Vouchers

Amount

Net Balance

Initials

Remarks

Receipt/Voucher

Rs.

As.

Ps.

No.

Date

Rs.

As.

Ps.

Rs.

As.

Ps.

No.

Date

[FORM NO. XIII] [Inserted by G.S.R. 981, dated 10th July, 1962.](See Rule 14)Application for claiming payment of Court Deposits received from Pakistan under Transfer of Evacuee Deposits Act, 1954

1.	Name of the claimant (in block letters).
2.	Father's name/Husband's name.
3.	Complete address of the claimant in India
4.	Complete address of the claimant and the depositowner (if different person) in Pakistan as furnished to theCourt.
5.	Registration number of the claim if earlierfiled with this office.
6.	Nature of the deposits :
	(a) Civil Court Deposit.
	(b) Minor's deposit in guardianship court if so,please state -
	(i) Name of theminor
	(ii) Age of theminor
	(iii) Name of theguardian
	(iv) Relationship ofthe guardian to the minor
	(c) Revenue Court Deposit
	(d) Deposit lying with the court of Wards; ifso, please state -
	(i) Particulars ofmovable property involved.
	(ii) Value ofMovable property involved
	(iii) Date on whichthe property came under the superintendence of the Court ofwards.
	(iv) Annual incomefrom the property
	(v) Names of wards.
	(vi) Amount ofmaintenance allowance granted to each ward.
	(vii) Period uptowhich maintenance allowance was paid to each ward.
	(e) Deposits lying with Manager, EncumberedEstates, if so, please state -
	(i) Full particularsof the Estate.
	(ii) Value of theEstate.
	(iii) Name of theowner of Estate.
	(iv) Number allottedto the Estate.
	(v) Date on whichthe Estate was taken over by the Manager, Encumbered Estate underhis superintendence.
	(vi) Annual incomeof the Estate.
	(vii) Name of wards.
	(viii) Amount ofmaintenance allowance granted to each ward.
	(ix) Period uptowhich maintenance allowance was paid to be each ward.
7.	Particulars of deposit claimed.
	From of Deposit	No. of the Govt. Securities/Saving or CurrentAccount/Weight of Jewellery etc.	Amount of deposit
	(i) GovernmentSecurities, i.e., War Bonds Defence Savings Certificate, NationalSavings Certificates, P.O. Cast Certificates etc. . . . .
	(ii) BankDeposit/Fixed Deposit Receipts
	(iii) Post OfficeDeposit. . . . .
	(iv) Cash Deposit .. . . .
	(v) Jewellery . . .. . .
	(vi) Household goodsor stock-in-trade .	______________________________________
	Total	______________________________________
8.	Name of the person who deposited the amount.
9.	Names of the persons in whose favour the amountwas deposited.
10.	Names of all persons interested in the deposit whohave migrated to India, their respective shares and theirrelationship to the original depositor/claimant.	Name of the personsinterested the deposit	Address in India of persons interested in theclaim	Amount of the share claimed/entitled to
		1.
		2.
		3.
		4.
11.	Name of the court, Bank or Treasury where theamount/valuable documents was/were deposited.
12.	Date of deposit.
13.	Exact name and place of the court in Pakistan withwhom or under whose orders the amount/valuable documents was/weredeposited.
14	Number and year of the suit/case/appeal or otherproceedings before the court in connection with which deposit wasmade.
15.	Title of the suit or proceedings before the court,i.e. names of parties to the suit, such as A v. B with fullparticulars describing both the parties.
16.	Brief nature of the suit/case/appeal or otherproceedings and facts leading to the deposit being made into thecourt
17.	In case the person in whose name the deposit isshown by the court in Pakistan is dead, the interest or right ofthe applicant to the deposit in question.
18.	Documentary evidence in support of title(ownership) to the claim (please enclose attested copiesthereof), such as court's order, succession certificate etc.
19.	Whether payment of the deposit in respect of whichclaim is filed has been already received in full or in parteither from Pakistan or in India.
20.	Any other information which the claimant may liketo furnish.
21.	Rate of maintenance allowance granted by theCentral Claims Organisation, if any, and the period for whichpayment received.
22.	Total amount of maintenance allowance received sofar from the Central Claims Organization.
23.	Amount of maintenance allowance adjustedagainst/recovered from Compensation payable against claim forimmovable property, if any.
24.	Compensation application from number against whichthe maintenance allowance has been recovered.
25.	Name of Settlement Officer/Regional SettlementCommissioner who recovered the amount of maintenance allowance.
26.	Number of claims registered in the name of theclaimant for any immovable property left in Pakistan.	(i)(ii)(iii)
27.	Value of the share of the claimant in the aboveclaims, verified by the Claims Officer.	(i)(ii)(iii
28.	Compensation Application From numbers and name ofthe Settlement Officer with whom filed.	(i)(ii)(iii
29.	Amount of compensation payable to the claimantagainst claims referred to at item No. 26 above.	(i)(ii)(iii
30.	Amount of compensation so far received by claimant.	(i)(ii)(iii
31.	Amount of compensation yet due to the claimant, ifany.	(i)(ii)(iii

DeclarationI...........age.........residing at ..............do hereby declare that the particulars furnished by me in this form are true to the best of my knowledge and belief and no relevant information has been either concealed or suppressed by me.Signature/Thumb Impression of claimant/applicant].Annexure `A'.........River Board

| AnnualSupplementary| Budget for 20............20..........

(See Rules 14 and 15)Statement NO. 1

	Actual	Budgeted current year	Actual	Revised for the current year	Budgeted next year	Explanations for the differences in the currentyear
Previous completed fiscal year	For the last 6 months Oct. - March of theprevious year	For the first 6 months April-Sept. of the currentyear	Total
	1	2	3	4	5	6	7	8
	Rs.	Rs.	Rs.	Rs.	Rs.	Rs.	Rs.	Rs.
A. RECEIPTS1. openingbalances. . . . . .2. Contributions made by theCentral Government4. Contributions made by the StateGovernment of :(a) . . . . . . . . . . . . ..(b). . . . . . . . . . . . .

Statement NO. 2

of Members and Officers of the Board for the year 20.......20.....

Name and Designation	Date of appointmentto the post	Sanctioned pay of thepost	Amount of provisionrequired during the financial year at the rate in col. 5	Allowances	Total	Amount of provision	Increment falling theduring the year	Total amount of provision	Remarks
Minimum	Maximum	Actual rate of pay on first April next year	Dearness	Compensatory			Date of increment	Rate of increment	Amount of increment
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15

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