Section 14 in The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006
14. Restoration of property.
(1)The Custodian may, on application made to him [in this behalf in writing] [Substituted by Act XXIII of Svt. 2007. for 'in this behalf'.] by an evacuee or any person claiming to be the heir of [an evacuee] [Substituted by Act XXIII of Svt. 2007. for 'such evacuee'.]. Restore, subject to such terms and conditions as he may think fit to impose, the evacuee property to which the evacuee or other person would have been entitled if this Act were not in force :Provided that the applicant produces in support of his application a certificate from the Government or from any person authorised by the Government in this behalf to the effect that the evacuee property may be so restored if the applicant is otherwise entitled thereto :[Provided further that every application under this sub-section shall be accompanied by an affidavit to the effect that the property claimed is not sub judice before any court of law having jurisdiction.] [Substituted by Act XIX of 1987, section 3.](2)On receipt of [an application] [Substituted by Act XX1I1 of Svt. 2007 for 'any application'.] under sub-section (1), the Custodian shall cause public notice thereof to be given in the prescribed manner and after holding a summary inquiry [into the claim] [Substituted by Act XXIII of Svt. 2007 for 'into the claims'.] in such manner as may be prescribed, may-(i)make a formal order declaring that property shall be restored to the applicant; or(ii)reject the application; or(iii)refer the application to a Civil Court for the determination of his claim and title to the property.(3)Upon the restoration [* * *] [Words 'of possession' deleted by Act XXIII of Svt. 2007 for 'into the claims'.] of the property to the evacuee or to any of his heirs, the Custodian shall stand absolved of all responsibilities in respect of the property so restored, but such restoration shall not prejudice the rights, if any, in respect of the property which any other person may be entitled to enforce against the person to whom the property has been so restored :Provided that no order for restoration shall be made unless provision has been made in the prescribed manner for the recovery of any amount due to the Custodian in respect of the property or the management thereof :Provided further that every lease granted in respect of the property by or on behalf of the Custodian shall have effect against the person to whom restoration is made until such lease is determined by lapse of time or by operation of law.(4)The Custodian shall, [on demand] [Inserted by Act XXIII of Svt. 2007 for 'into the claims'.], furnish to the evacuee or to his heir, as the case may be, a statement containing an abstract of the account of the income received and expenditure incurred in respect of the property.(5)[ For the purposes of this section "Custodian" means the Custodian appointed under section 4 for any province of the State.] [Added by Act XIX of 1987, section 3.]
