The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, SATURDAY, OCTOBER 4, 1947
GOVERNMENT OP INDIA
MINISTRY OF LAW
New Delhi, the 4th October 1947
ORDINANCE No XXIII OF 1947
AN
ORDINANCE to confer further powers upon the Custodian of Evacuee Property for Delhi.
WHEREAS an emergency has arisen which makes it necessary to confer further powers upon the Custodian of Evacuee Property for Delhi;
Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935 (26 Geo. 5, c. 2), as adapted by the India (Provisional Constitution; Oder, 1947, the Governor-General is pleased to make and promulgate the following Ordinance:—
1. Short title, extent and commencoment.—(i) This Ordinance may be called the Delhi Evacuee Property (Supplementary) Ordinance, 1947.
(2) It extends to the whole of the Province of Delhi.
(3) It shall come into force at once. 2. Interpretation.—In this Ordinance .—
(a) "the principal Ordinance" means the East Punjab Evacuee (Administration of Property) Ordinance, 1947, as extended to the Province of Delhi;
(b) "Custodian" means the Custodian of Evacuee Property for Delhi, or any Deputy or Assistant Custodian, appointed under t he principal Ordinance,
(c) "evacuee property" has the meaning assigned to it in the principal Ordinance.
3. Power to remove trespassers from evacuee property.—Where the Custodian has reason to believe that the occupation of any immovable evacuee property by any persons is unauthorised or unlawful, he m a y, without prejudice to may of his powers under the principal Ordinance, by notice in writing delivered to such persons or affixed to such property order the said persons forthwith to vacate the property and if such order is not complied with within one hour, the Custodian may, with such assistance as is necessary remove the said persons from t he property, and in so doing may use, or authorise the use of such force as may be necessary for the purpose
11M THE GAZETTE OF INDIA EXTEAORDIIJARX, OCT. 4, 1947who shall, after calling for a report from the CuBtoiliun and aftor makiug s\uit> hirttiw mquirj', jf any, im he thinks lit., pa'-w nuuh orders on the appeal as ho think" propel .
Provided ihat t,h" -District Judge shall not; order the Custodian to surreudor posBussioii
5. Penalty,—Whoever obstruct the (. uHtudiui) or any i>er8Oj) assiating him in the uxerei&o oi his luuutioui uudei this OrdiiiuiKje shall bo pLinishiiblo with impris< iiujeiit for1 " lertii which inftv oxrt'lid lo six months or with fiw or with both.
6. Protection of action under thic Ordinance.- No suit. piowx-iiUon or other legal proceeding shall lie againat the ('entnd Uoverrunent oi' any person for unv- thing which is m good faith dune or intruded to be done in pursuance of this Ordinance,
MOCNTHATTKN OF BUHMA,