Section 16 in The Goa, Daman and Diu Administration of Evacuee Property Rules, 1965
16. Manner of enquiry under section 18.
(1)The provisions of this Rule shall apply to proceedings under section 21. In addition to the circumstances mentioned in section 18, the following shall be deemed to constitute a preparation for migration to Portuguese territories.(i)disposal of bulk of one's household effects,(ii)disposal of assets essential to one's profession, practice or calling or trade such as the disposal of medical books and equipment by a doctor, the disposal of law books by a practising lawyer and the disposal of his stock-in-trade by a trader, and(iii)disposal of the tools and instruments by which a person earns his livelihood.(2)Where the Custodian is satisfied from the information in his possession or otherwise that a person is an intending evacuee, he shall cause a notice to be given in Form No. 7 on the person.(3)The notice shall, as far as practicable, mention the grounds on which the person is sought to be declared as intending evacuee.(4)The notice shall be served personally; but if that is not practicable, the service may be effected in any manner provided in Rule 24.(5)Where a notice has been duly served and the party called upon to show cause why he should not be declared as an Intending Evacuee fails to appear on the date fixed for hearing the Custodian may proceed to hear the matter ex-parte and pass such order on the material before him as he deems fit.(6)Where such party appears and contests the notice, he shall forthwith file a written statement verified in the same manner as a pleading under the Code of Civil Procedure, 1908 stating the reasons why he should not be deemed to be an intending evacuee. The Custodian shall then either on the same day or on any subsequent day to which the hearing may be adjourned, proceed to hear the evidence, if any, which the party may adduce.[* * *] [[Sub-rules (7) and (8) are deleted vide (Amendment) Rules, 1977, published in the Official Gazette, Series I No. 53 dated 31-3-1977. The deleted rules read as follows:(7)After the whole evidence has been recorded in a summary manner the Custodian may pass an order either declaring such person to be an intending evacuee or closing the case.(8)Any declaration made in this regard by the Custodian shall be published in the Official Gazette.']]
