Section 2 in Haryana Evacuee Properties (Management and Disposal) Act, 2008
2. Definitions.
- In this Act., unless the context otherwise requires,-(a)"displaced person" means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such disturbances in any area now forming part of West Pakistan, has, after the 1st day of March, 1947, left or been displaced from, his place of residence in such area and who has been subsequently residing in India, and includes any person who is resident of any place now forming part of India and who for that reasons is unable or has been rendered unable to manage, supervise or control any immovable property belonging to him in West Pakistan, and also includes the successors-in-interest of any such person;(b)"evacuee property" means any evacuee property which has been received by the State Government from the Government of India in any manner or has become evacuee by operation of any law, rules or orders or any other property described as such in the revenue record and includes the properties mortgaged by erstwhile Muslim evacuee owners in favour of locals or vice-versa;(c)"family" in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children;Explanation. - For the purpose of this clause, "minor" means a person who has not completed the age of eighteen years;(d)"medical authority" for the purposes of this Act shall have the same meaning as assigned to it under clause (p) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);(e)"person with disability" means a person suffering from not less than forty percent of any disability as certified by a medical authority;(f)"prescribed" means prescribed by rules made under this Act;(g)"public dues" mean use and occupation charges in respect of any evacuee property which had remained in unauthorized possession of a person and includes charges on account of damages to the property;(h)"Secretary" means the Secretary to Government, Haryana, Rehabilitation Department;(i)"State Government" means the Government of the State of Haryana;(j)"Tehsildar" means Tehsildar (Sales) and includes Naib Tehsildar (Sales) / Naib Tehsildar (Rehabilitation) appointed under sub-section (1) of section 3;(k)"unauthorized occupant" means a person who is in unauthorized occupation of any evacuee property-(i)where he has, whether before or after the commencement of this Act, entered into possession thereof otherwise than under and in pursuance of any allotment, lease or grant or public auction; or orders of any competent authority; or(ii)where he, notwithstanding anything contained in para (i) has, whether before or after the commencement of this Act, entered into possession thereof in pursuance of an order obtained by him by means of fraud, mis-representation or concealment of any material fact; or(iii)where he, being an allottee, lessee, grantee or auction- purchaser, has by reasons of the determination or cancellation of his allotment, lease, grant or auction in accordance with the terms in that behalf therein contained, ceased, whether before or after the commencement of this Act, to be entitled to occupy or hold such evacuee property; or(iv)where he has purchased any evacuee property from an allottee or legal heir of the allottee, as the case may be, and entered into possession thereof in pursuance to sale- deed of such property and subsequently such allotment has been cancelled; or(v)where any person authorized to occupy, any evacuee property has, whether before or after the commencement of this Act-(a)sublet, in contravention of die terms of the allotment, lease, grant or auction without the permission of the State Government or of any other authority- competent to permit such subletting, the whole or any part of such evacuee property; or(b)otherwise acted in contravention of any of the terms, express or implied under which he is authorized to occupy such evacuee property.Explanation. - For the purposes of sub-clause (a), a person shall not merely by reason of the fact that he has paid any rent, be deemed to have entered into possession as allottee, lessee, grantee or auction-purchaser;(l)"verified claim" means any claim in lieu of the land left by a displaced person in West Pakistan in whose favour any order for allotment of land has been passed by the Chief Settlement' Commissioner, Haryana or Secretary under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act 44 of 1954), repealed by the Displaced Persons Claims and Other Laws Repeal Act, 2005 (Central Act 38 of 2005), and allotment has not been made.
