DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954
An Act to provide for the payment of compensation and rehabilitation grant to displaced persons and for matters connected therewith.
Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:-
The Preliminary Section of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, sets the foundational definitions, scope, and objectives of the Act, establishing the legal framework for providing compensation and rehabilitation to displaced persons, particularly those displaced due to partition and related upheavals.
The Preliminary Section introduces key definitions such as "displaced persons," "property," "compensation," and the scope of the Act, emphasizing its purpose to facilitate the payment of compensation and grants for rehabilitation, and to regulate the acquisition and management of evacuee property.
The section applies to all displaced persons, especially those displaced from Pakistan post-Partition, and governs the procedures for compensation, property acquisition, and management of evacuee property. It delineates the limits within which authorities operate and clarifies the legal relationships involved.
The Preliminary Section itself does not specify punishments; however, violations such as false claims, fraud, or illegal dealings regarding evacuee property under subsequent sections can attract penalties, including fines and imprisonment, as provided in the Act’s penal provisions.
"Definition of Displaced Persons" - The section broadly defines displaced persons as individuals displaced after March 1, 1947, due to partition, but explicitly excludes certain categories, such as those from East Pakistan, unless they are successors-in-interest. [Source: "01800007113"]
"Scope of Compensation" - The Act provides for payment of net compensation, which includes rehabilitation grants, and establishes that such compensation is heritable and transferable property, capable of passing on death. [Source: "Murat Singh VS Controller Of Estate Duty"]
"Power of the Central Government" - The Central Government is empowered to acquire evacuee property for relief and rehabilitation purposes by issuing notifications under Section 12, with the vested rights of evacuees extinguished upon publication of such notifications. [Source: "Murat Singh VS Controller Of Estate Duty", "Rajwant Singh VS Financial Commissioner"]
"Overriding Effect" - The provisions of the Act, particularly Sections 12 and 36, override the jurisdiction of civil courts and other laws, conferring exclusive authority on designated authorities for matters related to evacuee property and claims. [Source: "Partap Singh VS State Of Delhi", "Hazara Singh VS State of Punjab"]
"Jurisdiction of Civil Courts" - Civil courts have jurisdiction to try suits involving fraud or title disputes concerning evacuee property where allegations of mala fides or illegal dealings are involved, as the Act does not bar jurisdiction in such cases. [Source: "Ranjit Kaur w/o Bhagwan Singh VS Harbel Singh s/o Jhanda Singh", "Hira Singh VS Darbara Singh"]
"Legal Character of Compensation" - Compensation and rehabilitation grants are considered property, capable of attachment and inheritance, unless explicitly exempted, and are not mere ex-gratia payments. [Source: "02300023257", "02300014734"]
"Validity of Notifications" - Notifications issued under Section 12(1) for acquiring evacuee property are valid and binding, and the property vests absolutely in the Central Government upon publication, leaving no vested rights in evacuees post-notification. [Source: "Ram Saran Dass Suraj Bhan VS Central Government, Haryana", "02300031404"]
"Transfer and Allotment of Property" - The transfer of evacuee property to bona fide purchasers or allotments to displaced persons are subject to strict adherence to procedural rules; violations or erroneous allotments can be annulled by competent authorities. [Source: "Hazara Singh VS State of Punjab", "Raja Bai Through Her General Power of Attorney Holder, Shri Omprakash VS The Union of India (Uoi)"]
"Fraud and Malfeasance" - The Act permits civil courts to entertain suits involving allegations of fraud, mala fides, or illegal dealings in evacuee property, emphasizing that such disputes are not exclusively within the jurisdiction of administrative authorities. [Source: "Hira Singh VS Darbara Singh", "Hazara Singh VS State of Punjab"]
"Claims and Verification" - Claims made by displaced persons are to be verified and registered under the Rules, and such claims, if supported by proper documentation, are heritable and pass on death, unless contested on legal grounds. [Source: "Murat Singh VS Controller Of Estate Duty", "Sarjeet Singh VS Union of India"]
"Exclusion of Religious and Charitable Properties" - Properties held in trust for religious or charitable purposes are generally excluded from compensation claims, as they do not fall within the scope of "verified claims" under the Act. [Source: "SWAMI GANESH DASS JI UDASIN VS K. L. WASON"]
"Legal Effect of Allotments" - Valid allotments made under the Act confer rights similar to ownership, and such allotments or transfers cannot be arbitrarily challenged unless procedural irregularities, fraud, or illegalities are proven. [Source: "Raja Bai Through Her General Power of Attorney Holder, Shri Omprakash VS The Union of India (Uoi)", "Murat Singh VS Controller Of Estate Duty"]
"Re-auction and Re-transfer" - The Central Government has the authority under Section 33 to re-auction or re-transfer evacuee property if initial allotments or sales are found to be invalid or obtained by fraud. [Source: "Ram Saran Dass Suraj Bhan VS Central Government, Haryana", "Viran Bai VS Union Of India"]
"Legal Status of Evacuee Property" - Once acquired and vested in the Central Government, evacuee property ceases to be subject to the jurisdiction of the Custodian or other authorities, and any orders passed thereafter are without legal authority. [Source: "Bal Mukand VS Punjab State", "Raja Bai Through Her General Power of Attorney Holder, Shri Omprakash VS The Union of India (Uoi)"]
"Legal Diligence and Delay" - Courts have consistently held that delays in challenging acquisition proceedings or allotments, especially after final notifications, amount to laches, and such petitions are liable to be dismissed on grounds of delay and inaction. [Source: "Sohan Lal Jain thru. LRs. VS Union of India", "Mirchumal Samandas VS Union of India"]
"Claims of Fraud" - Civil courts retain jurisdiction to try suits based on allegations of fraud or mala fides in the transfer or allotment of evacuee property, as the Act does not bar such suits where the validity of title is challenged on legal grounds. [Source: "Hira Singh VS Darbara Singh", "Hazara Singh VS State of Punjab"]
"Legal Diligence and Exhaustion of Remedies" - The courts have emphasized that aggrieved persons must exhaust statutory remedies and act diligently; otherwise, petitions are dismissed as barred by delay or abuse of process. [Source: "Sohan Lal Jain thru. LRs. VS Union of India", "Sarjeet Singh VS Union of India"]
This concise legal commentary highlights the core principles, scope, and judicial interpretations relating to the Preliminary Section of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, as derived from authoritative case law and legal principles.
This Act may be called the Displaced Persons (Compensation and Rehabilitation) Act, 1954.
In this Act, unless the context otherwise requires:-
(a) "compensation pool" means the compensation pool constituted under section 14;
(b) "displaced persons" means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such disturbances in any area now forming part of West Pakistan, has after the first day of March, 1947, left, or been displaced from, his place of residence in such area and who has been subsequently residing in India, and includes any person who is resident in any place now forming part of India and who for that reason is unable or has been rendered unable to manage, supervise or control any immoveable property belonging to him in West Pakistan, and also includes the successors in- interest of any such person:
(c) "Evacuee property" means any property which has been declared or is deemed to have been decl
(1) The Central Government may, by notification in the Official Gazette, appoint a Chief Settlement Commissioner, a Joint Chief Settlement Commissioner and as many Deputy Chief Settlement Commissioners, Settlement Commissioner, Additional Settlement Commissioners, Assistant Settlement Commissioners, Settlement Officers, Assistant Settlement Officers and Managing Officers as may be necessary for the purpose of performing the functions assigned to them by or under this Act and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.
(2) Subject to the provisions of this Act, the Joint Chief Settlement Commissioners, all Deputy Settlement Commissioners, Settlement Commissioners, Additional Settlement Commissioners, Assistant Settlement Commissioners Settlement Officers, Assistant Settlement Officers and Managing Officers shall perform the functions as assigned to them by or under t
(1) The Central Government shall, from time to time, but not later than the thirtieth day of June, 1955, by notification in the Official Gazette, require all displaced persons having a verified claim to make applications for the payment of compensation and any such notification may be issued with reference to displaced persons residing in any State or in any one of a group of States.
(2) Every displaced persons who, by a notification issued under sub- section (1) is required to make an application for the payment of compensation shall make such application in the prescribed form to the Settlement Officer having jurisdiction, within three months of the date of the notification.
Provided that the Settlement Officer may entertain any such application after the expiry of the said period of three month, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time.
On receipt of an application under section 4, the Settlement Officer shall, after making an inquiry in such manner as may be prescribed, pass an order determining the amount of public dues, if any, recoverable from the applicant and shall forward the application and the record of the case to the Settlement Commissioner.
(1) Where a debt due to a banking company is secured by a mortgage, charge or lien on any immovable property belonging to a displaced person in West Pakistan in respect of which compensation is payable under this Act and such mortgage, charge or lien was subsisting at the date when the claim of the banking company was registered under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950), the banking company shall be entitled to relief in accordance with the provisions of this section.
(2) Where the displaced person is entitled to receive compensation in respect of any such property as is referred to in sub-section (1), the banking company shall be entitled:-
(a) if the compensation to the displaced person in respect of such property is payable in cash, to receive such amount as bears to the total debt, the same proportion as the compensation payable to the displaced person bears to the value of the verified claims of the
(1) On receipt of an application for payment of compensation together with the record of the case forwarded under section 5, the Settlement Commissioner shall make an enquiry in such manner as may be prescribed and having due regard to the prescribed scales of compensation, the nature of the verified claim and other circumstance of the case, shall ascertain the amount of compensation to which the applicant is entitled.
(2) On ascertaining the amount of compensation to which an applicant is entitled under sub-section (1) the Settlement Commissioner shall deduct therefrom the following dues recoverable from the applicant, in the order of priority mentioned below. -
(a) the amount, if any, of the public dues recoverable from the applicant under section 5;
(b) the amount, if any, payable to a banking company under section 6, and the amount, if any, of the prior charge declared under sub-section (3) of sec
(1) A displaced person shall be paid out of the compensation pool the amount of net compensation determined under sub-section (3) of section 7 as being payable to him and subject to any rules that may be made under this Act the Settlement Commissioner or any other officer or authority authorised by the Chief Settlement Commissioner in this behalf may make such payment in any one of the following forms or partly in one and partly in any other form, namely:-
(a) in cash;
(b) in Government bonds;
(c) by sale to the displaced person of any property from the compensation pool and setting off the purchase money against the compensation payable to him;
(d) by any other made of transfer to the displaced person of any property from the compensation pool and setting off the valuation of the property against the compensation payable to him;
(e) by transfer of share or d
(1) Where any compensation is payable to any displaced persons in lieu of property abandoned by him in West Pakistan which on date of his migration from West Pakistan was subject to a mortgage in favour of person who is not resident in India, the Settlement Commissioner shall, after giving a reasonable notice to the displaced, person, determine the principal sum of which the property was so mortgaged and such portion of the principal sum so determined as bears the same proportion as the compensation payable to the displaced person bears to the value of the verified claim of the displaced person in respect of that mortgaged property shall be deductible from the compensation payable in respect of the mortgaged property:
Provided that where compensation has been paid to any displaced person without such deduction having been made, the displaced person shall pay to the Central Government the amount of such deduction within three months of the determ
Where there is any disputes as to the person or person who are entitled to the compensation (including any dispute as to who are the successors-in-interest of any deceased claimant to compensation) or as to the apportionment of compensation among persons entitled thereto, such dispute shall, after such enquiry as may be prescribed, be decided,
(a) where the value of the verified claim does not exceed twenty thousand rupees, by the Settlement Officer;
(b) where the value of the verified claim exceeds twenty thousand rupees, by the Settlement Commissioner:
Provided that the Settlement Officer or the Settlement Commissioner, as the case may be, may refer any such dispute to District Judge nominated in this behalf by the State Government, whose decision thereon shall be final.
Where any immovable property has been leased to allotted to a displaced person by the Custodian under the conditions published-
(a) by the notification of the Government of Punjab in the Department of Rehabilitation No. 4895-S or 4891-S, dated the 8th July, 1959, or
(b) by the notification of the Government of Patiala and East Punjab States Union in the Department of Rehabilitation No. 8R or 9R dated the 23rd July, 1949, and published in the official Gazette of that State dated the 7th August, 1949.
and such property is acquired under the provisions of this Act and forms part of the compensations pool, the displaced person shall, so long as the property remains vested in the Central Government, continue in possession of such property on the same conditions on which he held the property immediately before the date of acquisition, and the Central Government may, for the purpose of payment of compensation
(1) The Central Government may for the relief and rehabilitation of displaced persons direct payment of any rehabilitation grant or other grant out of the compensation pool to a displaced person under such conditions and to such extent and in such form and manner as may be prescribed.
(2) Sub-section 2 omitted by Act No. 86 of 1956.
(1) If the Central Government is of opinion that it is necessary to acquire any evacuee property for a public purpose, being a purpose connected with the relief and rehabilitation of displaced persons, including payment of compensation to such persons, the Central Government may at any time acquire such evacuee property by publishing in the Official Gazette a notification to the effect that the Central Government has decided to acquire such evacuee property in pursuance of this section.
(2) On the publication of a notification under sub-section (1), the right, title and interest of any evacuee in the evacuee property specified in the notification shall, on the from the beginning of the date on which the notification is so published, be extinguished and the evacuee property shall vest absolutely in the Central Government free from all encumbrances.
(3) It shall be lawful for the Central Government, if it so considers necessa
There shall be paid to an evacuee compensation in respect of his property acquired under section 12 in accordance with such principles and in such manner as may be agreed upon between the Governments of India and Pakistan.
(1) For the purpose of payment of compensation and rehabilitation grants to displaced persons, there shall be constituted a compensation pool which shall consist of -
(a) all evacuee property acquired under section 12, including the sale proceeds of any such property and all profits and income accruing from such property;
(b) such cash balances lying with the Custodian as may, by order of the Central Government, be transferred to the compensation pool;
(c) such contributions, in any form whatsoever, as may be made to the compensation pool by the Central Government or any State Government;
(d) such other assets as may be prescribed.
(2) The compensation pool shall be vest in the Central Government free from all encumbrances and shall be utilised in accordance with the provisions of this Act and rules made thereunder.
No property which forms part of the compensation pool and which is vested in the Central Government under the provisions of this Act shall be liable to be proceeded against for any claim in any manner whatsoever in execution of any decree or order or by any other process of any court or other authority.
The Central Government may take such measures as it considers necessary or expedient for the custody, management and disposal of the compensation pool in order that it may be effectively utilised in accordance with provisions of this Act -
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may, for the purposes referred in sub-section (1), by notification in the Official Gazette, -
(a) appoint such officers as it may deem fit (hereinafter referred to as managing officer); or
(b) constitute such authority or corporation, as it may deem fit (hereinafter referred to as managing corporation).
(3) Every managing corporation shall be constituted under such name and shall consist of such number of persons as may be specified in the notification, and every such corporation shall be a body corporate having perpetual succession and a c
(1) All managing officers or managing corporations shall perform such functions as may be assigned to them by or under the general superintendence and control of the Chief Settlement Commissioner.
(2) Subject to the provision of this Act and the rules made thereunder, a managing officer or managing corporation may take such measures as he or it considers necessary or expedient for the purpose of securing, administering, preserving, managing or disposing of any property in the compensation pool entrusted to him or it and generally for the purpose of satisfactorily discharging any of the duties imposed on him or it by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto.
(3) An amount due to the Custodian in respect of any evacuee property acquired under this Act for any period prior to the date of the acquisition shall vest in, and the payable to, th
(1) Where the Central Government is satisfied that the property entrusted to a managing corporation for custody, management and disposal has been transferred to any person or persons under this Act or that for any other reasons it is no longer necessary to continue the managing corporation, the Central Government may, be notification in the Official Gazette, dissolve the managing corporation.
(2) Upon the publication of a notification under sub-section (1) dissolving a managing corporation -
(a) all the members of the managing corporation shall vacate their office as such members;
(b) all the powers and duties which may, by or under the provisions of this Act, be exercise or performed by or on behalf of the managing corporation shall be exercised and performed by such person or persons as the Central Government may direct;
(c) all property vested in the managing corporation at the
(1) Notwithstanding anything contained in any contract or any other law for the time being in force but subject to any rules that may be made under this Act, the managing officer or managing corporation many cancel any allotment or terminate any lease or amend the terms of any lease or allotment under which any evacuee property acquired under this Act is held or occupied by a person, whether such allotment or lease was granted before or after the commencement of this Act.
(2) Where any person, -
(a) has ceased to be entitled to the possession of any evacuee property by reason of any action taken under sub-section (1), or
(b) is otherwise in unauthorised possession of any evacuee property or any other immovable property forming part of the compensation pool,
he shall, after he has been given a reasonable opportunity of showing cause against his eviction from such property, surrende
(1) Subject to any rules that may be made under this Act, the managing officer or managing corporation may transfer any property out of the compensation pool -
(a) by sale of such property to a displaced person or any association of displaced persons, whether incorporated or not, or to any other person, whether the property is sold by public auction or otherwise;
(b) by lease of any such property to a displaced person or an association of displaced persons whether incorporated or not, or to any other person.
(c) by allotment of any such property to a displaced person or an association of displaced persons whether incorporated or not, or to any other person, on such valuation as the Settlement Commissioner may determine;
(d) in the case of an evacuee in a company, by transfer of such share to a displaced person or any association of displaced persons whether incorporated or not, or
Where any evacuee or his heir is entitled to the restoration of any evacuee property on an application made by him in this behalf under section 16 of the Administration of Evacuee Property Act, 1950 (31 of 1950), hereinafter in this section referred to as Evacuee Property Act, and the Central Government is of opinion that it is not expedient of practicable to restore the whole or any part of such property to the applicant by reason of the property or part thereof being in occupation of a displaced person or otherwise, then, notwithstanding anything contained in the Evacuee Property Act, and this Act, it shall be lawful for the Central Government -
(a) to transfer to the applicant in lieu of the evacuee property or any part thereof, any immovable property in the compensation pool or any part thereof being in the opinion of the Central Government as nearly as may be of the same value as the evacuee property or the case may be, any part thereof, or
(1) Where any person is entitled to the restoration of any property by virtue of an order made by the Custodian General under section 27 of the Administration of Evacuee Property Act, 1950 (31 of 1950), or by the competent officer to the appellate officer under the Evacuee Interest Separation Act, 1951(64 of 1951), and the Central Government is of opinion that it is not expedient or practicable to restore the whole or any part of such property to that person by reason of the property or part thereof being in occupation of a displaced person or otherwise then, notwithstanding anything contained in the said Act or this Act, it shall be lawful for the Central Government -
(a) to transfer to that person in lieu of the property to be restored or any part thereof, any immovable property in the compensation pool or any part thereof being in the opinion of the Central Government as nearly as may be of the same value as the property to be restored or, as
(1) Any sum payable to the Government or to the Custodian in respect of any evacuee property, under any agreement, express or implied, lease or other document or otherwise howsoever, for any period prior to the date of acquisition of such property under this Act, which has not been recovered under section 48 of the Administration of Evacuee Property Act, 1950, and any sum payable to the Government in respect of any property in the compensation pool may be recovered in the same manner as an arrears of land revenue.
(2) If any question arises whether a sum is payable to the Government or to the Custodian within the meaning of sub-section (1) in respect of any property referred to herein, it shall be referred to the Settlement Commissioner within those jurisdiction the property is situated and the Settlement Commissioner shall after making such inquiry as he may deem fit and giving to the person by whom the sum is alleged to be payable an opportuni
(1) Subject to the provisions of sub-section (2), any person aggrieved by an order of the Settlement Officer or a managing officer under this Act may, within thirty days from the date of the order, prefer an appeal to the Settlement Commissioner in such form and manner as may be prescribed:
Provided that the Settlement Commissioner may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) No appeal shall lie from an order of the Settlement Officer under section 5 if the difference between the amount of public dues as determined by the Settlement Officer and that as admitted by the applicant is less than one thousand rupees or such other amount not exceeding one thousand rupees may be specified by the Central Government in this behalf by notification in the Official Gazette.
(3)
(1) Subject to the provisions of sub-section (2), any person aggrieved by an order of the Settlement Commissioner or the Additional Settlement Commissioner or an Assistant Settlement Commissioner or a managing corporation under this Act may, within thirty days from the date of the order, prefer an appeal to the Chief Settlement Commissioner in such form and manner as may be prescribed:
Provided that the Chief Settlement Commissioner may entertain the appeal after the expiry of the period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) No appeal shall lie from any order passed in appeal under section 22.
(3) The Chief Settlement Commissioner may, after hearing the appeal, confirm, vary or reverse the order appealed from and pass such order in relation thereto as he deems fit.
(1) The Chief Settlement Commissioner may at any time call for the record of any proceeding under this Act in which a Settlement Officer, an Assistant Settlement Officer, an Assistant Settlement Commissioner, an Additional Settlement Commissioner, a Settlement Commissioner, a managing officer or a managing corporation has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and pass such order in relation thereto as he thinks fit.
(2) Without prejudice to the generality of the foregoing power under sub- section (1), if the Chief Settlement Commissioner is satisfied that any order for payment of compensation to a displaced person or any lease or allotment granted to such a person has been obtained by him by means of fraud, false representation or concealment of any material facts, then notwithstanding anything in this Act, the Chief Settlement Commissioner may pass an order directing that no comp
(1) Any person aggrieved by an order of the Settlement Officer under Section 5, from which no appeal is allowed under section 22, may, within thirty days from the date of the order, make an application in such form and manner as may be prescribed to the Settlement Officer for review of his order and the decision of the Settlement Officer on such application shall, subject to the provisions of section 24 and section 33, be final.
(2) Clerical or arithmetical mistakes in any order passed by an officer or authority under this Act or errors arising thereto from any accidental slip or omission may, at any time, be corrected by such officer or authority or the successor-in-office of such officer or authority.
(1) Every officer appointed under this Act shall, for the purpose of making any inquiry or hearing any appeal under this Act have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908) when trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record from any court or office;
(d) issuing commission for examination of witnesses;
(e) appointing guardians or next friends of persons who are minors or of unsound mind;
(f) any other matter which may be prescribed;
and any proceeding before any such officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of th
Save as otherwise expressly provided in this Act, every order made by any officer or authority under this Act, including a managing corporation, shall be final and shall not be called in question in any court by way of an appeal or revision or in any original suit, application or execution proceeding.
The Central Government or the Chief Settlement Commissioner may, by order in writing at any time, transfer any case pending before an officer appointed under this Act to another officer and the officer to whom the case is so transferred may subject to any special direction in the order of transfer, proceed from the stage at which it was so transferred.
Where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified under sub-section (2), which is transferred to another person under the provision of this Act, then, notwithstanding anything contained in any other law, such person shall, without prejudice to any other right which he may have in the property, be deemed to be a tenant of the transferee on the same terms and conditions as to payment of rent or otherwise on which he held the property immediately before the transfer:
Provided that notwithstanding anything contained in any such terms and conditions, no such person shall be liable to be ejected from the property during such period not exceeding two years as may be prescribed in respect of that class of property, except on any of the following grounds, namely;
(a) that he has neither paid not rendered the whole amount of arrears of rent due after
(1) No person shall be liable to arrest or imprisonment in pursuance of any process issued for the recovery of any sum due under this Act which is recoverable as an arrears of land revenue.
(2) Notwithstanding anything contained in sub-section (1) if the Chief Settlement Commissioner is of the opinion that a person is refusing, or neglecting or has refused or neglected, to pay any sum due under this Act, he may, after giving such person an opportunity of being heard, by order in writing stating the grounds therefor, direct that the provisions of sub- section (1) shall not apply to him, and thereupon such person shall cease to be entitled to the exemption conferred by that sub-section.
(1) The Central Government shall, as soon as may be, constitute a Board to advise the Central Government on matters of policy arising out of administration of this Act.
(2) The Board shall consist of a Chairman and such number of other members not exceeding six as the Central Government may think fit to appoint and the members (including the Chairman) shall hold office for a period of two years and shall be eligible for appointment:
Provided that the Chairman or any other member of the Board may resign his office by writing under his hand addressed to the Central Government and shall, on such resignation being accepted by that Government, be deemed to have vacated his office.
(3) The Board may, subject to the previous approval of the Central Government, make by-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it.
(4) No act
The Central Government may give direction to any State Government as to the carrying into execution in the State of any of the provisions contained in this Act or of any rules or orders made thereunder.
The Central Government may at any time call for the record of any proceeding under this Act and may pass such order in relation thereto as in its opinion the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act or the rules made thereunder.
(1) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall in such circumstances and under such conditions, if any, as may be specified to the direction, be exercisable also by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government as may be specified in the notification.
(2) Subject to the provisions of this Act and of the rules and orders made thereunder, the Chief Settlement Commissioner may, by general or special order delegate all or any of his powers under this Act to the Joint Chief Settlement Commissioner, a Deputy Chief Settlement Commissioner, a Settlement Commissioner, an Additional Settlement Commissioner or an Assistant Settlement Commissioner, subject to such conditions, if any, as may be specified in the order.
(3) Subject to the pro
(1) Any person who furnishes in his application for payment of compensation any information which he knows, or has reason to believe to be false or which he does not believe to be true, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.
(2) No court shall take cognizance of any offence punishable under this Act, save upon complaint in writing made by an officer authorised by the Chief Settlement Commissioner by general or special order in this behalf.
Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the Central Government or any officer or authority appointed under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Every officer appointed under this Act and every member of a managing corporation shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).
No suit or other legal proceeding shall lie against the Central Government or any person appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.
Anything done or any action taken (including any order made) by the Chief Settlement Commissioner, Settlement Commissioners, Additional Settlement Commissioners or Settlement Officers for the purposes of payment of compensation or rehabilitation grants or other grants to displaced persons shall, in so far as it is not inconsistent with the provisions of the Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action was taken.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form and manner in which and time within which, an application for payment of compensation may be made and the particulars which it may contain;
(b) the circumstances in which and the conditions subject to which evacuee property may be acquired under this Act;
(c) the scales according to which, the form and manner in which, and the instalments by which compensation may be paid to displaced persons.
(d) the dues which may be deducted from the amount of compensation to which a displaced person is entitled;
(e) the form and manner in which Government bonds ma
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