Section 16 in Administration of Evacuee Property Act, 1950
16. Restoration of evacuee property.-
The custodian may on application made to him in this behalf in writing by an evacuee or any person claiming to be the their of an evacuee, restore, subject 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 Central Government , or from any person authorised by it in this behalf, to the effect that the evacuee property may be so restored if the applicant is otherwise entitled thereto.On receipt of an 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 in such manner as may be prescribed, may-(a)make a formal order declaring that the property shall be restored to the applicant; or(b)reject the application; or(c)refer the applicant to a civil court for the determination of his claim and title to the property:Provided that no order for the restoration of any evacuee property shall be made under this section 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.(3)Upon the restoration of the property to the evacuee or to the heir, as the case may be, 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 theory which any other person may be qualified to enforce against the person to whom the property has been so restored :Provided 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, furnish to the evacuee or to the 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.
