Section 1121 in Administration of Evacuee Property Act, 1950
1121.
Object and Reasons. On account of the setting up of the two Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances a large number of people migrated from one Dominion to the other. It was not possible for such people to make any satisfactory arrangement for the management of the property left behind by them for the efficient management and administration of evacuee property, the Government of East'Punjab promulgated an Ordinance, which was converted into an Act the East Punjab Evacuees' (Administration of Prop Act, 1947 (E.P. Act XIV of 1947). This Act, with certain modifications, was extended to Delhi and AjmerMerwara.On the 13th of June, 1949 an Ordinance was promulgated for the Chief Commissioners' Provinces the Administration of Evacuee Property (Chief Commissioners' Provinces) Ordinance, 1949 (XII of 1949). The Governor's Provinces and States, including Hyderabad, promulgated Ordinances on similar lines.It was, however, felt that there should be uniform legislation relating to evacuee property throughout India, except Assam, West Bengal, Manipur, Tripura and Cooch-Behar, where the problems are slightly different. y amendment of the Government of India Act, 1935, the custody, management and disposal of evacuee property was made a subject in the Concurrent Legislative List. On the 18th of October, 1949 an Ordinance called the Administration of Evacuee Property Ordinance (1949) (XXVII of 1949) was promulgated which extended to all the Provinces of India (except Assam and West Bengal) and to all the Acceding States (except Cooch-Behar, Manipur and Tripura). This Ordinance will expire in April, 1950.It is desirable to re-enact Ordinance No. XXVII of 1949 as an Act of the Legislature" Gazette of India, 17-12-1949, Pt. V, page 464.Act No. 66 of 1950.- Prior to the 26th January, 1950 - the date of coming into force of the new Constitution - Parliament had no powers to legislate for Hyderabad State and, consequently, the Administration of Evacuee Property Ordinance No. XXVII of 1949 was not made applicable to that State. The State Government promulgated in December, 1949 a Regulation for the administration of evacuee property on, practically, the same lines as the Central Ordinance. After the coming into force of the new Constitution, Parliament passed in April, 1950 the Administration of Evacuee Property Act No. XXXI of 1950. This Act extends to the whole of India (including Hyderabad State), except the States of Assam, West Bengal, Tripura, Manipur, and Jammu and Kashmir. Unfortunately, due to an inadvertent omission, no provision was made in the Act of Parliament repealing the previous Hyderabad Regulation relating to the administration of evacuee property, or saving the actions taken thereunder. The Administration of Evacuee Property (Amendment) Bill, 1950, seeks to rectify the anomaly so as to extend the scope of section 58 of the Administration of Evacuee Property Act No. XXXI of 1950 to include the Hyderabad Regulation with retrospective effect from the date of the commencement of the Act. The effect of the amendment would be formally to repeal the Hyderabad Regulation and save all actions taken thereunder. - Gazette of India, 5-8-1950, Pt. II, Section 2, Ext., P. 298.Act No. 22 of 1951.- An agreement was arrived at with the Government of Pakistan in June 1950 according to which property of Joint Stock Companies should be treated as evacuee property if the holders of the majority of shares of such companies have migrated to Pakistan. The existing Administration of Evacuee Property Act, 1950 (XXXI of 1950) does not admit of such property being treated as evacuee property. It is proposed to amend the definition of evacuee property so as to make the property of such companies evacuee property.2. Section 17 of the Administration of Evacuee Property Act was designed to bar the jurisdiction of civil courts in matters relating to execution of decrees and order concerning evacuee property. While it was felt that the existing section was comprehensive enough, civil courts have found a lacuna in the section and orderslieve been issued by some civil courts for appointment of receivers, etc., in respect of evacuee property. Such orders are contrary to the spirit underlying the Administration of Evacuee Property Act and also contrary to the understanding between the Governments of India and Pakistan that evacuee property will not be allowed to be attached, sold, etc., under orders of civil courts. It is proposed to rectify this lacuna by this amending Bill. Gazette of India, 30-12-1950, Pt. II, Section 2, Ext., P. 660.Act No. 11 of 1953.- The Bill is designed to incorporate in the Administration of Evacuee Property Act, 1950 (XXXI of 1950), certain changes that are considered necessary on account of the changed circumstances since the legislation was originally enacted. Provisions relating to "intending evacuees" in the Act are no longer considered necesst.ry and they are accordingly being deleted. Certain difficulties which are being experienced by a section of the population in disposing of their property on account of the existing provisions of the Act are also sought to be removed by means of amendments to se,tions 40 and 41 of the Act. Opportunity has also been taken to incorporate certain other changes which are considered necessary in the light of the experience of the working of the Act.Gazette of India, 9-8-1952, Pt II, Section 2, Ext., p. 358.Act No. 91 of 1956.- The evacuee property law has been in operation for over eight years. Certain provisions of the law were repealed in 1953. With the decision to acquire the right, title and interest of evacuee owners in their properties in India and utilise such properties for payment of compensation to displaced persons, it was felt that there was no reason to continue the evacuee property law as it then existed. Accordingly, certain sections of the law were abrogated by the Administration of Evacuee Property (Amendment) Act, 1954. Further, it was provided that no notice for declaring a property as evacuee property should be issued after April 8, 1955.2. After April 8, 1955, the judicial work of the Custodians has been largely confined to the disposal of cases pending on that date. Although by now the number of pending cases has been brought down substantial!y, it was felt that unless the procedure was simplified weir disposal would take considerable time causing hardship to the affected parties. Further, such of the properties as may be declared evacuee properties in the pending cases would not become available for utilisation under the Compensation Scheme until these cases are finally disposed of.3. Under the simplified procedure :(1) Inquiry into the title of applicants for restoration of property under section 16 will be made along with the preliminary inquiry and not after the grant of a certificate as hitherto. (clause 6).(2) The Custodian's powers of review and revision, and the Custodian General's power of review have been withdrawn (clauses 8 and 9).(3) Custodians have been debarred from reopening, in exercise of their power of general superintendence and control, cases already decided by them (clause 2(b) (ii)).(4) Appeals in regard to properties up to the value of Rs. 2,000 would lie to the Custodian, and those exceeding that limit to the Custodian-General. A second appeal has, however, been provided to the Custodian-General on a point of law in the case of proceedings relating to properties of the value not exceeding Rs. 2,000. The provisions for appeal to the District Judge has been deleted (clauses 7 and 6).(5) Fresh trustees for properties of a religious and charitable nature vested in the Custodians can now be appointed by the Central Government (clause 5).
