Section 8 in Transfer of Evacuee Deposits Rules, 1955
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.
