Section 4 in Administration of Evacuee Property Act, 1950
4. Judicial pronouncements have held that powers under section 48 are not wide enough to enable Custodians to recover dues relating to evacuee property arising out of leases, etc., granted by them. The section is being suitably amended in order to carry out its real intention (clause 12).
5. In order to facilitate the integration of the Custodians' Organisation with the machinery set up by the Central Government for payment of compensation to displaced persons, the Central Government have assumed the power to appoint Custodians (clause 2). 6. Opportunity has also been taken to delete certain provisions which have now become obsolete. - Gaz. of Ind., 21-11-1956, Pt. II, Section 2, Ext., p. 884.Act No. 1 of 1960.- Certain difficulties are being experienced in the working of the Administration of Evacuee Property Act, 1950; and they are hindering the early completion of residual work. It is proposed to amend the Act suitably to remove these difficulties.2. Section 8 of the Act was intended to provide for automatic vesting of evacuee property in the Custodian where such property had vested in any person exercising the powers of Custodian under any Provincial or State law repealed thereby. The validity of such repealed Provincial or State law has been questioned in certain High Courts. It is proposed to make the position clear beyond doubt and to validate such vesting.3. At present there is no specific provision in the Act empowering the Custodian to determine and recover rent or damages from statutory tenants or unauthorised occupants of evacuee property nor for the recovery of compensation in cases where damage is caused to evacuee property by the occupants. It is proposed to insert a new section 10-A to empower the Custodian to determine and recover rent and damages in such cases. Difficulties are also sometimes experienced where evacuee and nonevacuee interests are inter-mixed and the non-evacuee owners are unwilling or not in a position to purchase the evacuee share. In such cases, it is necessary to empower the Custodian to purchase non-evacuee property out of the cash balances lying with him or in the evacuee pool. Section 10 is being suitably amended for the purpose.4. Under the existing Act, a Custodian has no powers to call for any returns, accounts or other information. This power is necessary in the interest of better administration and management of evacuee property and a new section 42 is sought to be inserted for the purpose.5. Instances have come to notice where some properties were wrongly declared to be evacuee property and they were also acquired. To afford relief in such genuine and hard cases, it is necessary to empower the Custodian-General under section 27 to restore such property to the non-evacuee owner, even in cases where the property has been acquired under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Section 27 is being suitably amended for the purpose.6. When the Central Government delegates any of its powers to a State Government, there is no provision in the existing Act enabling the State Government to redelegate the power to any officer or authority subordinate to it. It is necessary to empower the State Government to do so, particularly in relation to management of evacuee trust properties and section 55 is proposed to be amended suitably for the purpose.Gazette of India, 15-12-1959, Pt. II, Section 2, Ext., p. 1145.BE it enacted by Parliament as follows: --
