S.1 Short title extent and commencement.

       (1) This Act may be called the East Punjab Evacuees (Administration of Property) Act,
       1947.
       (2) It shall extend to 1[the territories specified in sub-section (1) of section 5 of the Punjab Re-organisation Act, 1966].
       (3) It shall come into force at once.
       1. Subs. for the words "the whole of the Province of East Punjab" by A.O. 1968.

S.2 Definitions.

       In this Act unless there is anything repugnant in the subject or context,-
       (a) "Custodian" includes 1[an Additional Custodian of Evacuee Property], a Deputy Custodian of Evacuee Property and an Assistant Custodian of Evacuee Property under this Act ;
       2[(b) Evacuee means a person ordinarily resident in or ow ning property or carrying on business within the territories comprised in the Province of East Punjab, who on account of civil disturbances, or the fear of such disturbances, or the partition of the country .-
       (i) leaves, or has since the first day of March, 1947, left the said territories for a place outside India, or
       (ii) cannot personally occupy or supervise his property or carry on business or watch his

S.3 Appointment of Custodians.

       With a view to preserve and provide for the management of evacuees property, the 1[State Government] may appoint a Custodian of Evacuee Property, 2[one or more Additional Custodians of Evacuee Property] and either by name or designation, one or more Deputy Custodians of Evacuee Property and Assistant Custodians of Evacuee Property for such local area as may be specified, and may by general or special order, provide for the distribution or allocation of the w ork to be performed by them under this Act or the rules framed thereunder.
       1. Subs. for the expression "Central Government" (which was subs, for State Government" by A.O.1968) by A.O.1973. The word "State" was subs, for the word "Provincial" by Adaptation of Laws Order, 1950
       2. Added by East Punjab Act No. XX

S.4 Vesting of evacuee property in the Custodian.

       All evacuee property situated within 1[the territories specified in sub-section (1) of section 5 of the Punjab Re-organisation Act, 1966], shall vest in the Custodian for the purposes of this Act and shall continue to be so vested until 2[it is returned to the owner in accordance with the provisions of section 12].
       1. Subs, by A. O. 1968.
       2. Subs, for the Provincial Government by Notification otherwise directs" by East Punjab Act XLIX of 1948.

S.5 Payment to Custodian of sums payable to evacuees.

       (1) Any sum 1[not being a cash deposit in a bank] payable to any evacuee in respect of any contract or loan or otherwise, howsoever shall be paid to the Custodian by the person liable to pay such sum.
       (2) Any payment made otherwise than in accordance with sub-section (1) shall not be deemed to discharge the obligation, and shall not affect the right of the Custodian to enforce such obligation.
       1. Ins. by East Punjab Act No. XLIX of 1948.

S.5(a) Prohibition of certain transactions affecting Evacuees Property.

       (1) No sale, mortgage, pledge, lease, exchange or other transfer of any interest or right in or over any property made by an evacuee or by any person in anticipation of his becoming an evacuee, or by the agent, assign or attorney of the evacuee or such person, on or after the fifteenth day of August, 1947 shall be effective so as to confer any rights or remedies on the parties to such transfer or on any person claiming under them unless it is confirmed by the Custodian.
       (2) An application for confirming such transfer may be made by any person claiming thereunder or by any person law fully authorised by him.
       (3) The Custodian shall reject any application made after the thirty-first day of March, 1948, or after the expiration of tw o months from the date the transaction was entered into, whichever is

S.5(b) Appeal and revision.

       (1) If the original order under section 5-A is passed by an Assistant or Deputy Custodian of Evacuees Property-
       (a) any person aggrieved by such order may appeal within sixty days from the date of the order to the Custodian of Evacuee Property who may dispose of the appeal himself or make it over for disposal to the Additional Custodian of Evacuee Property ;
       (b) The Custodian or Additional Custodian may at any time on his own motion or on application made to him call for the records of the proceedings in which such order w as passed for the purpose of satisfying himself as to the legality or propriety of such order, and may pass any orders in relation thereto as he may think fit :
       Provided that the Custodian or Additional Custodian shall not under this

S.6 Custodian to take possession of evacuee property.

       (1) Subject to the provisions of this Act a Custodian may by general or special order with reference to the location or description of a specific or any class of evacuee property assume possession of or control over the property mentioned in the order which shall be published in the Official Gazette. From the date of the order, the holder of such property, if any, shall be deemed to be holding it on behalf of the Custodian and shall on demand surrender possession of it to the Custodian or a person authorised by him in this behalf.
       2[(2) If the holder of such property refuses or fails to vacate the property, the Custodian may evict such person and use all force necessary thereto, and may after giving reasonable w arning and facility to any woman not appearing in public to wit

S.7 Inquiry into claims to evacuee property.

       (1) Any person claiming any right to or interest in any property of which the Custodian has taken possession under section 6 may prefer such claim to the Custodian by an application within 1[thirty] days from the date on which the possession 2[or assumed control] of the property was taken.
       (2) The Custodian may, after summary inquiry, reject the application if it appears to him that the claim is untenable.
       (3) If upon such inquiry it appears to the Custodian that the applicant has a right to or interest in the property, he may make such order as he considers proper in order to give effect to such right or interest consistently w ith the objects of this Act :
       Provided that if the Custodian is satisfied that the property is not evacuee property and th

S.8 Exemption from attachment, distress and sale.

       (1) All property which vests in the Custodian shall be exempt from attachment, distress or sale in execution of the decree of a Civil or Revenue Court or in pursuance of the order of any other authority.
       (2) All subsisting attachments of Evacuees property effected after 13th September, 1947, under orders of a Civil or Revenue Court or officer or other authority shall cease to have any effect and all sales, leases or other forms of alienation by any court, officer or authority of such property effected after the above-mentioned date shall be liable to be set aside at the instance of the Custodian on an application filed before the court, officer or authority w hich ordered the sale lease or alienation, as the case may be, within three months of the coming into force of East Punjab Evacuees (Administration of Property) (Second Amendment) O

S.8(a) Protection of rights of occupancy tenants and tenants for a fixed term.

       Notwithstanding anything contained in the Act XVI of 1887 (Punjab Tenancy Act, 1887), or any other law for the time being in force, the right of occupancy in any land of an evacuee which has vested in the Custodian shall not be extinguished or be deemed to have been extinguished, nor shall an evacuee or the Custodian whether as an occupancy tenant or a tenant for fixed term in any land be liable to be ejected or be deemed to have been so liable, on any ground whatsoever for any default of the Custodian before such land is allotted or leased under this Act and the allottee or lessee, as the case may be, takes over possession thereof in pursuance of the
       allotment or lease.]
       1. Ins. by Act No. XLIX of 1948.

S.9 Powers of the Custodian in regard to management.

       (1) The Custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving the property of 1[or over w hich he has assumed possession or control] and for the proper management thereof.
       (2) Without prejudice to the generality of the foregoing provision, the Custodian may for the said purposes -
       (i) carry on the business of the evacuee ;
       (ii) take action for the recovery of any money due to the evacuee ;
       (iii) make any contracts or execute any documents in the name and on behalf of the evacuee ;
       (iv) institute, defend or continue any legal proceedings in a civil or revenue court on behalf of the evacuee, refer any dispute to arbitration

S.9(a) Grant and cancellation of leases.-

       (1) All leases granted or any other orders passed by a Rehabilitation Authority before the 30th July, 1948, the date of coming into force of East Punjab Evacuees (Administration of Property) (Second Amendment) Ordinance, 1948, shall be deemed to have been duly made by or on behalf of the Custodian under this Act.
       (2) Notwithstanding anything contained in any enactment for the time being in force, the Custodian or a Rehabilitation Authority or any other person duly authorised by the Custodian in this behalf, may cancel any allotment or terminate or amend the conditions of any lease or may amend the terms of any agreement on which any evacuee property is held or occupied by any person, whether such lease or agreement was entered into before or after the coming into force of East Punjab Evacuees (Administration of Propert

S.10 Maintenance of accounts.

       (1) The Custodian shall maintain a separate account of the property of each evacuee of which he has taken possession under section 6, and shall cause to be made therein entries of all receipts and payments.
       (2) The accounts shall be maintained in such form and manner as the 1[State Government] may prescribe.
       (3) The Manager of any property shall maintain the accounts and records relating to the property in his charge, and shall submit such accounts to the Custodian at least once a month.
       (4) The 1[State Government] shall cause such accounts to be inspected at such intervals and by such persons as it shall determine.
       1. Subs, by A.O. 1968 and 1973.

S.11 Fees

       (1) The 1[State Government] may prescribe the fees payable to the Custodian for the management of the property of which he takes possession under section 6.
       (2) Such fee shall be payable out of the income of the property and shall be a first charge on the property.
       1. Subs, by A. O. 1968 and 1973.

S.12 Return of property.

       (1) On being satisfied that evacuees have returned or are returning to the Province, the 1[State Government] may by notification in the Official Gazette authorise return of 2[their immovable property] to the owners in accordance with this section.
       (2) Any person claiming to be entitled to any such property may apply in writing to the Custodian, w ho shall after giving public notice hold a summary inquiry into the claim, and make a formal order declaring the person to whom the possession of the property
       may be delivered.
       (3) The delivery of the property to the person named in such order shall absolve the Custodian of all responsibility in respect of the property, but shall not prejudice any rights in respect of the property which any

S.13 Powers of the Custodian holding 1[***] inquiry.

       While holding 1[***] an inquiry under this Act, the Custodian shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing attendance of witnesses, compelling the discovery and production of documents, and shall be deemed to be a court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).
       1. Word "summary" omitted by East Punjab Act No. XXVI of 1948.

S.14 Power of the Custodian to obtain information.

       (1) The Custodian may by an order in writing require any person to furnish any information or produce any document possessed by such person relating to any property referred to in section 4 or otherwise necessary for carrying into effect the objects of this Act.
       (2) Whoever fails to comply with a direction under sub-section (1) or submits information which is false or which he either know s or has reasonable cause to believe to be false or does not believe to be true, shall be punishable with imprisonment extending to six months and shall also be liable to fine.

S.15 Other powers of the Custodian.

       (1) The Custodian may, if it appears to him to be necessary to do so to secure compliance with this Act or otherwise to carry into effect the objects of this Act-
       (a) inspect or cause to be inspected any books of account or other document; and
       (b) enter and search or authorise any person to enter and search any premises ;
       (2) Whoever obstructs the Custodian or any person acting under his direction in the exercise of the powers conferred under sub-section (1) shall be punishable with imprisonment which may extend to six months or with fine or with both.

S.15(a) Offences and Penalties.

       (1) Any person who fails to comply with an order under sub-section (1) of section 6 to surrender possession or to vacate any property shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
       (2) Any person w hose lease or allotment has been cancelled or otherwise put an end to or who is otherwise in unlawful possession of any evacuee property and who after having been required to vacate the property fails or refuses to do so, shall be punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
       (3) Whoever makes a false declaration or statement for the purpose of obtaining an allotment or lease of any evacuee property shall be punishable with imprisonm

S.16 Certain officers to be public servants.

       The Custodian and every person duly appointed by any authority to discharge any functions under this Actor the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1861 (XLV of 1861).

S.17 Orders not to be called in question.

       1[(1)] Except as provided in this Act no order made 2[or action taken] in exercise of any power conferred by this Act shall be called in question in any court.
       2[(2) In particular and without prejudice to the generality of the foregoing provisions, no Civil Court shall-
       (i) entertain any suit for declaration or for any other relief with regard to evacuee property or with regard to any order of cancellation, termination or modification of lease or to any order demanding surrender of possession ;
       (ii) issue an injunction or other order in relation to any act done or intended to be done by the Custodian or a Rehabilitation Authority or any person duly authorised by the Custodian in this behalf;
       (iii)

S.18 Procedure.

       (1) All offences specified in section 15-A shall be cognizable but no prosecution for an offence under sub-sections (1), (2) or (3) of the said section, or abetment of such an offence, shall be instituted except w ith the sanction of the 2[State Government] or the Custodian or a District Magistrate or a Deputy Commissioner, Rehabilitation or any other officer authorised by the 2[State Government] by general or special order in this behalf.
       (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), no person accused or convicted under sub-sections (2), (3) and (4) of section 15-A or of abetment of any such offence, shall, if in the custody, be released on bail or on his own bond, unless-
       (a) the prosecution has been given an opportunity to oppose the application for such re

S.18(a) .

       Anything done or purported to have been done under this Act w ill not be invalidated or affected by reason only that at a material time-
       (a) some person who was or might have been interested in or over property and who was an evacuee had died or had ceased to be an evacuee, or
       (b) some person who w as so interested and w ho was believed by the Custodian to be an evacuee was not an evacuee.
1. Ins. by East Punjab Act No. XXVI of 1948.

S.18(b) .

       The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith in any enactment other than this Act or in any instrument having effect by virtue of any such enactment.]
1. Ins. by East Punjab Act No. XXVI of 1948.

S.19 Bar to legal proceedings.

       No suit, or prosecution or other legal proceedings shall lie against the 1[State Government] or the Custodian 2[or a Rehabilitation Authority] or any person acting under their direction in respect of anything done or purported to have been done in pursuance of this Act.
       1. Subs, by A.O. 1968 an 1973.
       2. Ins. by East Punjab Act No. XLIX of 1948.

S.20 Recovery of arrears.

       Any arrear due from or sum payable by any person to the Custodian 1[or a Rehabilitation Authority] may on application to the Collector be realized as an arrear of land revenue.
       1. Ins. by East Punjab Act No. XLIX of 1948.

S.21 Records under this Act to be public documents.

       All records prepared or registers maintained under this Act shall be deemed to be public documents within the meaning of the Indian Evidence Act, 1872 (1 of 1872), shall be presumed to be true until the contrary is proved.

S.21(a) Notice to the Custodian.

       (1) In any suit in which it appears to the Civil or Revenue Court that a question relating to the property of an evacuee is involved, the Court shall not proceed to determine that question until after notice has been given to the Custodian.
       (2) The Court may at any stage of the proceedings order that the Custodian shall be added as a defendant in any civil or revenue suit involving a question relating to the property of an evacuee, if the Custodian, whether upon receipt of notice under sub-section (1) or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question involved.
       (3) In the application of this section to appeals the word defendant shall be held to inclu

S.22 Power to make rules.

       (1) The 1[State Government] may, by notification, in the Official Gazette make such rules as appear to it to be necessary or expedient for putting into effect the provisions of this Act.
       (2) Without prejudice to the generality of the powers conferred by subsection (1), the rules may provide for, or may empower any authority to make orders providing for all or any of the following matters, namely:-
       (a) the terms and conditions of service of Custodians and other officers appointed under this Act, and for the furnishing of security by them;
       (b) the forms of applications and the manner of their presentation}
       (c) the forms of the notices to be issued, the orders to be made and the manner of their service and publica

S.23 Repeal of Ordinance No. IV of 1947.

       The East Punjab Evacuees (Administration of Property) Ordinance, 1947, is hereby repealed.