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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY, OCTOBER 18, 1949

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 18th October 1949

ORDINANCE No. XXVII of 1949.

AN

ORDINANCE

to provide for the administration of evacuee property and for certain matters

connected therewith

WHEREAS an emergency has arisen which makes it necessary to provide for the administration of evacuee property and for certain matters connected there- with;

Now,THEREFORE,in exercise of the powers conferred by section 42 of the Government of India Act, 1935 (26) Geo. 5, c. 2), the Governor-General is pleased to make and promulgate the following Ordinance: —

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.—(1) This Ordinance may be called the Administration of Evacuee Property Ordinance, 1949

(2) It extends to all the Provinces of India (except Assam and West Bengal), and also to every Acceding State to the extent to which the Dominion Legis- lature has power to make laws for that State with respect to the matters dealt with in this Ordinance.

(3) It shall come into force at once.

2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or context,—

(a) "allotment" means the grant by the Custodian, or any other person duly authorised by the Custodian in this behalf, of a temporary right of use and occupation of any immovable property of an evacuee to any person otherwise than by way of lease;

(b) "Custodian-General" means the Custodian-General of Evacuee Property in India appointed by the Central Government under section 5;

(c) "Custodian" means the Custodian for the Province, and includes any Additional, Deputy or Assistant Custodian of evacuee property appointed for that Province;

( 2057 )

(d) "evacuee" means any person,—

(i) who, on account of the setting up of the Dominions of India and Pakistan or on account oi civil disturbances or the fear of such disturbances, leaves or has, on or after the 1st day of March, 1947, left, any place in a Provinoe for any plaoe outside the territories now forming part of India, or

(ii) who is resident in any place now forming parb of Pakistan and who for that reason is unable to occupy, supervise or manage in person his property in any part of the territories to which this Ordinanoe extends, or whose property in any part o£ the said territories has ceased to be occupied, supervised or managed by any person or is being oooupied, supervised or managed by an unauthorised person, or

(ui) who has,, after the 14th day of August, 1947, acquired by way of allotment or by means of unlawful occupation or other illegal means any right to, interest in or benefit from any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan; (e) "intending evacuee" means any person who, after the 14th day of August, 1947,-—

(i) has transferred to Pakistan his assets or any part thereof situated in any part of the territories to which this Ordinance axtsnda: Provided that the transfer to Pakistan of any reasonable sum of money, for the purpose of financing any transaction in the ordinary course of his trade or for the maintenance of any member of the family of Buob person shall not be deemed to be ft transfer of assets within the meaning of this sub-clause, or

(ii) ha" acquired, if the acquisition has been made in person, in any mode other than any of the modes specified in sub-clause (lit) of clause (d) of seotlon 2, or, if the acquisition has been made by or through a member of his family, in any mode whatsoever, any right to, interest in or benefit from any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan, or

(tit) has, by the execution of any document of transfer in writing, whether registered or not, or by means of any other document in writ- ing, sought to effect an exchange of the whole or any part of his pro- perty situated in any part of the territories to which this Ordinanoe extends, *with any property situated in Pakistan; (f) "evacuee property" means any property in which an evacuee has any right or interest (whether personally or as a trustee or as a bene- ficiary or in any other capacity), and included any property—

(1) which has been obtained by any person from an ovacueo after the 14th day of August, 1947, by any mode of transfer, unless suoh transfer has bean confirmed by the Custodian, or

(#) belonging to any person who, after the commencement of this Ordinanoe, does any of the acts specified in clause (") of section 2, or in which any such person has any right or interest, to the extent of suoh right or interest,

but does not inolude—*

(i) any ornament and any wearing apparel, cooking vessels or other household effeots in the immediate possession of an evacuee; 0*0 ftny property belonging to a joint stock company, the registered office of which was situated before the 16th day of

August, 1947, in any place now forming part of Pakistan and continues to be so situated after the said date;

(

(h) "prescribed" means proscribed by rules made under thia Ordinance; (t) "property" means property of any kind, and includes any right or interest in suoh property, but does not include a mere right to sue or a cftflh deposit in a bank;

(j) "unauthorised person" means any person (whether duly empowered in thii behalf by the evacuee or otherwise) who, after the 14th day of August, 1947, has been occupying, supervising or managing the property of an evaouee without the approval of the Custodian,

3. Hula of construction In applying Ordinance to Acceding States.—In the application of this Ordinance to any Acceding State, unless there is anything repugnant in the subject or context,—

(a) references to the Provinces ahull bo construed as references to that Acceding State-

(6) references to any Provincial Government shall be construed a* references to the Government of that Acceding State;

(o) references to the offioial Gazette shall be construed as references to the official Gazette or other similar official publication of that Acceding State; and

(d) references to any enactment in force in the Provinces of India but not in force in that Acceding State shall be construed as references to the corresponding law iu force in that State.

4. Ordinance to override other lawa.—The provisions of this Ordinance and of the rules and orders made thereunder shall havo effect notwithstanding any- thing inconsistent therewith contained in any other law for the lime being io force or in any instrument having effect by virtue of any suoh law.

CHAPTEB II

EVACUEE PROPERTY AND VESTING THHBEOF OT THH CUSTODIAN

B- Appointment of Ouatodlan-Oeneral.—The Central Government may. by notification in the official Gazette, appoint a person to be the Custodian-General of Evaouee Property in India for the purpose of discharging the duties imposed on the Custodian-General by or under this Ordinance.

6. Appointment of Custodians, etc.—(I) The Provincial Government may, by notification in the omoial Gazette, appoint for the Province a Custodian, and as many Additional, Deputy or Assistant Custodians, of evacuee property as may be neoeasary for the purpose of discharging the duties imposed ou the Custodian by or under this Ordinance.

(2) Subject to the provisions of this Ordinance, all Custodians, Additional, -Deputy or Assistant Custodians of ovaouee property Khali discharge the duties imposed on them by or under this Ordinance under the general superintendence and control of the Custodian-General.

(3) Subject to the provisions of sub-section (8), Additional, Deputy and Assistant Custodians shpll disoharge the duties imposed on them by or under this Ordinance under the general superintendence and control of the Custodian for the Province, but the Provincial Government may, by general or special order, provide for the distribution of work among them,..

7. Notification oi -svaouee property.—(1) Where the Oustodian is of opinion that any property is evaouee property within the meaning of this Ordinanoe, i^e may, after causing notioe thereof to be given in such manner as may be prescribed to tho persons interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order deolaring any suoh property to be evaouee property.

(#) Pending the determination of the que*tion whether any property in evacuee property or otherwise, any property in respect of which a notice has been issued under sub-section (1) shall, from the date of the notice be deemed to havo been attached by the Custodian, and any transfer or delivery of such property or of any right or interest therein and any ,payment to any person -contrary to suoh attachment shall be void against all claims enforceable under the attachment.

(3) The Custodian shall, from time to time, notify, either by publication in the official Gazette or in suoh other manner as may he prescribed, all properties declared by him to be evacuee properties under sub-section (1).

8. Vosting of evaouee property In the Oufltodlftn.—(2) Any property declared to be evaouee property under section 7 shall vest in the Custodian.

(2) Where immediately before the commencement of this Ordinance any evaouee property in a Province had vested in any person exercising the powers of a Custodian under any law repealed hereby, the evaouee property shall, on the commencement OJL this Ordinance, be deemed to have vested in the Custodian appointed or deemed to have been appointed for the Province under this Ordi- nance, and shall continue to so vest.

(<3) Where any property in a Province belonging to a joint stock company had vested in any person exeroising the powers of a Custodian under tiny law repealed hereby, then nothing contained in clause (/) of section 2 shall affect the •operation of syb-aeetion (#), but the Provincial Government may, by notifica- tion in the official Gazette, direct that the Oturtoftisn shall be divasted of any such property in such manner and after such period as may be specified in the notification.

(4) Where after the vesting of any evacuee property in the Custodian any person is in possession of any such property, he shall be deemed to be holding it on behalf of the Custodian and Bhall on demand surrender possession of it to the Custodian or to any other person duly authorised by him in this¹ behalf.

9. Power of Oustodian to take poa"eualon of evacuee property vested In him.— If any person in possession of any evaouee property refuses or fails on demand to surrender possession thereof to the Custodian or to any person duly authorised by him in this behalf, the Custodian may use or cause to be used suoh force as may be necessary for taking possession of such property and may, for this purpose, after giving reasonable warning and facility to any woman not appear- ing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose.

10. Powers and duties o! the Custodian generally.—(1) Subject to the pro- visions of any rules that may be made in this behalf, the Custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any evacuee property which has vested in him and may, for any such purpose as aforesaid, do all acts and in^ur all expenses necessary or incidental thereto

(2) Without prejudice to the generality of the provisions contained^jn sub- jection (T), tho Custodian may, for any of the purposes aforesaid,—

(a) carry on the business of the evacuee; (b) appoint a manager for the property of the evacuee or for carrying pn any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section;

(c) enter, or authorise any other person to enter, any ltind or premises to inspeot any evacuee property;

(<2) take ali such measures us may be necessary to keep any ovaouee- property in good rupciir;

(e) complete arty building which iias vested in him and which requires to be completed;

(f) require any person, notwithstanding anything to the contrary con- tained in any other law for the time being- in force relating to the discloaure of any information by a public servant or any other person, to furnish such retuttig-, accfautlts or othei* information in reiuildn to any property and to produce such documents in his possession as the Custodian considers necessary fbr the discharge of Ma duties under this Ordinance;

(9) require any banking company to furnish, suoh information as the* Custodian may require with respect to any remittance mado by any person to any place outside India after the 14th day of August, 1947;

(k) search, or authorise any other person to search, any building or place in whioh the Custodian has reason to believe that any evacuee property or any document tending to show that any person is au evacuee or that any property is evacuee property is being kept or concealed and take possession thereof;

(f) take silch aetidn as may be necessary for the recovery of any debt due to the evacuee;

0") institute, defend or continue any legal proceeding in any civil or reveuue Court on behalf of the evacuee or refer any dispute botween the evacuee and any other person to arbitration or compromise any clairnp, debts or liabilities on behalf of the evacuee;

(k) raise on the security of the evacuee property such loans as may bb necessary;

(l\ in any case where the evacuee property which has vested in the Custodian consists of a share or shares m a company, exercise, notwith- standing anything to the contrary contained in the Indian Companies Act,, 1918 (VII of 1913) or in the articles of association of the corhpemy, the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the Court under the provisions of the Indian Companies Act, 1913, or the articles of association o£ the company or in any other matter as the evacuee shareholder himself could have done had he been present, although thc name of the Custodian does not appear in the register of members of the company;

(m) incur any expenditure, inoluding the payment of taxes2 duties, cesses and rates to Government or to any local authority or of any amounts due to any employee of the evacuee or of any debt due by the evacuee to any person;

(n) pay to the evacuee, or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto, any sums of money out of the funds in his possession;

(0) transfer in any manner whatsoever any evacuee property, notwith- standing anything to tho contrary contained in any law or agreement relat- ing thereto:

Provided that the Custodian shall npt sell any immovable property or any business or other undertaking of the evacuee, except with the previous approval of the Custodian-General;

(p) invest any money held by him in any of the securities approved by the Central Government or in tho prescribed manner;

(g) delegate, by general or special order, all or any of MB functions under this Ordinance to such officers or persons as he thinks fit;

Provided that the Custodian shall not delegate any of his functions under clause (g) or clause (/?) to any officer or person below the rank of a Deputy Custodian.

11. Special provisions with respect to certain trust propertlea.—(Z) Where any evaouee property which has vested in the Custodian is property in trust for a public purpose of a religious or charitable nature, the property shall remain vested in the Custodian only until such time as fresh trustees are appointed in the manner provided by law, and pending the appointment of fresh trustees the trust property and the income thereof shall be applied by the Custodian for fulfilling, as far as possible, the purpose of the trust

(#) Tn respect of any Wahf-cUal-aulad,—

(a) where the mutawalli is an evaouee, the property forming the subjeot matter of the wahf shall vest in the Custodian subjeot to the rights of the beneficiaries under the wakf, if any, who are not evacuees,

(ft) where not all the benefioiaries are evaoueee, the rights and interests of such of the beneficiaries as are evaouees shall alone vest in the Custodian.

12. Power to vary or cancel leases or allotments ol evacuee property.—(2)

Notwithstanding anything contained m any other law for the time being in force, the Custodian may cancel any allotment or terminate any leaso or amend the terms of any lease or agreement under which any evaouee property is held or occupied by any person, whether such allotment, lease or agreement was granted or entered into before, or utter the commencement ot this Ordinance.

(8) Where by reason of any aotion taken under sub-section (2), any person has ceased to be entitled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of suoh property to the Custodian or to any person duly authorised by him in this behalf.

(3) If any person fails to surrender possession on demand under sub-seotion ($), the Custodian may, notwithstanding anything to the contrary oontained in any other law for the time being in force, eject such person and take possession of suoh property in the manner provided in section 9.

13. Payments to Custodian to be valid discharge.—(7) Any amount due fco any evacuee in respect of any property which is vested in the Custodian or in respect of any transaction entered into by the evaouee, shall be paid to the Custodian by the person liable to pay the same.

(2) Any payment made otherwise than in accordance with sub-seotion (2) flhall not be deemed to discharge tho person paying it from his obligation to pay the amount due, and shall not affeot the right of the Custodian to enforce such obligation against any Bueh person

14. Eeoouping of expenditure by Oufftodlan.—Any expenditure incurred by the Custodian in the exeroise of any power conferred by or under this Ordinance shall, in relation to any evacuee property in respect of which it has been inourred, be a charge on such property and shall, subject to the provisions of section 48, have priority over all other charges on the property, and such expenditure may be met or recouped by the Custodian out of the income accruing from such property or the sale proceeds thereof.

IB. Maintenance ol accounts by Custodian (2) The Custodian shall main- tain a separate account of the property of each evacuee possession whereof has been taken by him, and shall cause to be made therein entries of all receipts and expenditure in respect thereof.

(2) The accounts shall be maintained in such form and in such manner u may be prescribed.

(3) The Provincial Government, shall oauso the aocounts maintained under this seotion to be inspected and audited at BUCII intervale and by suoh persona as may be prescribed.

16. Restoration ol property.—[1) The Custodian may, on application made jfco him in this behalf in writing by an ovaouee or any person claiming to be the heir of an evacuee, restore, subject to suoh terms and conditions as he may think fit to impose, the evacuee property to which the evacueo or other person would have been ontitled if this Ordinance were not in force:

Provided that the applicant produces in suppcut of his application a oerti- floate 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 applioant is otherwise ontitled thereto.

(#) On receipt of an application under sub-section (1), the Custodian shall cause publio notioe 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 forma) order declaring that the property shall be restored to the applicant; or

(b) reject the application; or (o) refer the applioant to a oivil Court for the determination of hig claim and title to the property:

Provided that no order for restoration shall bo 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 ot tho property or the management thereof.

(5) Upon the restoration ol the property to the evneuee or to the heir, aa Lthe case may be, the Custodian shall stand absolved of all responsibilities in respect of the property so restored, but suck restoration shall not prejudice the rights, if any, in respect of the property which any other person may be entitled to enforce against the person to whom the property has been so restored:

Providod that every lease granted in respect of the property by or on behall of the Custodian shall have effect against the person to whom restoration is made until suoh 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 oase may be, a statement containing an abstract of the account of the Income received and expenditure incurred in respect of the property.

OHAPTEK III

CERTAIN CONSEQUENCES OF PROPERTY VESTING IN CUSTODIAN

17, Exemption from attachment, sale, etc.—(2) Save aa otherwise expressly provided in this Ordinance, no property which has vested in the Custodian lhall be liable to attachment, distress or sale in execution of an order of a Court or of any other authority, and no injunction in respect of any such pro- perty shall be granted by any Court or other authority.

(#) Save as otherwise expressly provided in this Ordinanoe, any attachment or injunction subsisting on the commencement of this Ordinanoe in respect of any evacuee property which has vested in the Custodian shall cease to have effect on such commencement, and any transfer of evacuee property under orders of a Court or any other authority made after the 14th day of August, 1947, shall be set aside, if an application is made to such Court or authority by or at the instance of the Custodian within three months from the commencement of this Ordinanoe.

18. Qooupancy or tenanoy right not to be extinguished.—Nothing contained In any other law for the time being m force shall be deemed to extinguish the right of occupancy in any land of tin evacuee which has vested in the Custodian and, notwithstanding anything contained m uny such law, neither the evacuee nt>r the Custodian, whether as an occupancy tenant or as a tenant for a fixed Jljenn of any land, shall be liable to be ejected or deemed to have become so liable on any ground whatsoever for any default of the Custodian

OHAPTEB I\

PflorEHTY OF TNTDWDINB EVACUBUS

19. Declaration of person as intending evacuee.—[1) Where the Custodian has- reason to believe that a person ie an intending evacuee, he may, by notice nerved in the prescribed manner, call upon quch person to show cause why he thould not be declared an intending evacuee, and shall, after holding sutjh inquiry into the matter as the circumstances thereof permit, and after taking such evidence as may be produced by or on behalf of the person showing cttus^, pass an order (stating the reasons iherefor) either declaring such person to be an intending evacuee or closing the case.

(3) Any declaration made under sub-section (1) shall be published in the offloial Gazette.

(3) Tho Custodian may, pending determination of the question whether any person is an intending evacuee or otherwise, attach in the prescribed manner any property in the Province in which such person has a right or interest, and where anj such attachment has been made, any transfer or delivery of the property attached or of any right or interest therein and auy payment to any person of any debt contrary to such aituohment shall be void as against all claims enforceable under the attachment.

20. Consequences of declaration that a person la an intending "va.3uae.— No person, in respect of whom a declaration has been made under section 19 jkhat he is an intending evacuee, shall transfer in any manner whatsoever any Immovable property, in which he has any right or interest, situated hi any pftrt of the territories to which this Ordinance Extends, except with the prdviohs approval of the CuHtodiau, and any transfer made in contravention of the pro- visions of this section shall be void and of no effect

21. Powers of Custodian generally In respect of property of attending

evacuees.—For the purposes of preserving any property in which anv person in respect of whom a declaration has been made under section 19 that he is an intending evacuee has any right or interest, the Custodian may,—

(a) by order in writing, require any such person to furnish such returns, accounts or other information in relation to any such property and fa produce such documents in hia possession as the Custbdiah may require; (b) inspect the books of account or other documents maintained by or m the possession of such person;

(o) pass such orders or direct such action to be taken in relation to any such property;

(d) by order in writing, prohibit the transfer to Pokbtan of any sum of money belonging to any such person or permit auch transfer subject to such conditions and restrictions as the Custodian may think fit to impose.

23. Effect of intending evacuee contravening "ay provision of thlfl Chapter— If any person, in respect of whom a declaration has been made under section 19 that he is an intending evacuee, makes any transfer of any property in contravention of section 20 or fails to comply with any order made under claua* (c) or clause (d) of section 21, the Custodian may, by notification in the official Gazette, deolare any property situated in the Province in which any such

person has any right 01 interest to be evacuee property, and on the issue of euch notification any properly specified in th6 nbtificatton stall Be deemed to be evacuee property which has vested in the Custodian within the meaning of this Ordinance

23. Intending evacuee acquiring evacuee or abandoned property in Pakistan for inadequate consideration to moke good the deficiency.—(I) Where any person in respect of whorn ft declaration has been made under section 10 that he is an intending eva"uee has either personally or through any member of his family acquired, whether before or ofier the commencement of this Ordmanoo, any right to, interest in, or benefit from airy property which IB treated ae evacuee or abandoned property under any law for the time being in foroe in Pakistan for a consideration which, in the opinion of the Custodian if neither reasonable nor adequate, the (_ u'ltoditui rnu,>, after notice to such person and after affording him a reasonable opportunity of being hoard and after holding such inquiry as the circiunstances of the ease permit, determine, by order in • writing, the amount, if any, by which the consideration, in hid opinion, falls short of the real value of the piopeity &o acquired, inid require such person to pay the amount to the Custodian within such time as may bo specified in tfhe orcter.

(2) If the amount is not paid within tho time specified, or within such further time as the Custodian may allow, the Custodian may take possession of so much of the property of such inteuding evacuee as would W sufficient to cover the amount, in the case of movable property, or as would afford a reasonable security for the recovery of the amount, in 111^ case of immovable property.

(3) The Custodian may, for the purpose oi realising any amount payable by fluoh intending evacuee under I he provisions of this section, transfer in uny manner whatsoever auy innnovtible property which has been hiken possession of by him under sub-section (2).

C&APTBB V

APPEALS, KEVIBW AND REVISION

24. Appeals from orders under sections 7, 16, 19, and 38,—(1) Any person aggrieved by an order made under section 7, section 16, section 19 or section B8 may prefer an appeal in such manner and within such time as may be pres- cribed,!—

(a) to the Custodian, where the original order has been passed by a Deputy or Assistant Custodian;

(f>) to the Custodian-General, where the original order has been passed by the Custodian, an Additional Custodian or an Authorised Deputy Custodian:

Provided that where the appeal is preferred on the ground that the person aggrieved is not an evacuee within the meaning of sub-clause (in) of clause (d) of section 2, or that tho property is not evacuee property within the meaning of sub-olause (2) of clause (/) of section 2, the appeal shall be preferred in the msnner prescribed in section 25

(2) The Custodian to whom an appeal is preferred under clause (a) of sub- •ection (1) may dispose of it himself or may make it over for disposal to an Additional Custodian or to a Deputy Custodian authorised by the Custodian in writing in this* behalf (in this Chapter referred to as the Authorised Deputy Uustoidian) •

Provided that no appeal from an order of a Deputy Custodian shall be made over for disposal to tho Authorised Deputy Custodian

25. Appeals from other orders.—(1) Any person aggrieved by an order,^-* (a) under section 7 notifying his property as evacuee property On the ground that he is an evacuee within the meaning of Rub-olaUse (Hi) Of

clause (d) of section 2, or that the property is evaouee property within the meaning of sub-olause (2) of clause (/) of seotion 2, or

(Jb) under section 22 deolaring any property of an intending evacuee to be evacuee property,

may prefer an appeal, in suoh manner and within such time as may be pres- oribed, to the District Judge designated in this behali by the Provincial Govern- ment.

(#) For the purpose of hearing any appeal under sub-section (1) the Pro- vineial Government shall designate one or more District Judges and define the local limits of their jurisdiction.

26. Powers of review or revision ol Ouitodl*n, etc.—(1) The Custodian, Additional Custodian or Authorised Deputy Custodian may at any time, either on his own motion or on application made to him in this behalf, oall for the^ record of any proceeding under this Ordinanoe which is pending before, or has been disposed of by, an officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of any orders passed iu the said proceed- ing, and may pass such order in relation thereto as he thinks fit:

Provided that the Custodian, Additional Custodian or Authorised Deputy Custodian shall not pass an order under this sub-section revising or modifying any order prejudicial to any person without giving such person a reasonable opportunity of being heard¹

Provided further that if one of the officers aforesaid takes aotiou under this •ub-section, it shall not be competent for any other officer to do so (#) The Custodian, Additional Custodian or Authorised Deputy CuHtodian (but noj< a Deputy or an Asai*tfto* Custodian) may, after giving notice to the parties oonoerned, review his own order.

27. Powers of revision ol Custodian-General (1) The Custodian-General may at any time, either on his own motion or on application made to htm in this behalf, oall for the record of any proceeding in which any District Judge "r Custodian has passed an order in appeal under the provisions oi this. Chapter for the purpose of satisfying himself as to the legality or propriety of any suoh order and may pass such orrlpr in relation thereto ns he thinks fit:

Provided that the Oustodian-Ueneral shall not pass an ordei under thiw sub- jection prejudicial to any person without giving him n reason able opportunity of being heard,

(#) Notwithstanding anything contained in sub-section (1), where in respect of any proceeding called for under sub-section (2), the Custodian-General is of opmion that the District Judge is in error in holding any person not to be an evacuee or any property not to bo evaouee property, he shall not pass any order in relation thereto but <.lial! refer the mattoi, with his own opinion there- on, to the High Court to which the District Judge is otherwise subordinate.

(3) Any reference made under sub-seotion (S3) shall be heard by a Bench of the High Court consisting of not Jess than two Judges and tbu Gubtodian- General shall dispose of the proceeding in accordance with the decision of the High Court.

28. Finality of orders under this Chapter.—Save as otherwise expressly pro- vided in this Chapter, every order mnde by the Custodian-General, District Judge, Custodian, Addiiional Custodian, Authorised Deputy Custodian, Deputy Custodian or Assistant Custodian shall be final and shall not be called in question In any Court by way of nppeal or revision or in nny original suit, application or execution proceeding.

CHAPTER VJ

PENALTIES AND PROOHDUBH

20. Penalty lor lallure to surrender possession of evacuee property.—Any person who fails to comply with a notice or demand by or on behalf of the Custodian under the provisions of this Ordinance to surrender possession of any evacuee property shall be punishable with imprisonment for a term whioh may extend to six months, or with fine, or with both.

80. Penalty for concealing evacuee property.—Any person who wilfully conceals any property whioh he knows or has reason to believe to be evacuee property shall be punishable with imprisonment for a term whioh may extend to two years, or with fine, or with both.

31. Penalty for causing damage to evacuee property.—Any person who wilfully destroy* or causes damage to any evacuee property or unlawfully con- verts It to his own use shall be punishable with imprisonment for a term whioh may extend to ihrco yoars, or with fine, or with both.

82. Penalty for false declaration hi certain cases.—Any person who—

(t) for the purpose of obtaining an allotment or lease of any evacuee property, makes a declaration or statement whioh is false or whioh he either knows or hns reason to believe to be false, or does not believe to be true, or

(ii) furnishes any return, account of information which is material fo any of the purposes of this Ordinance and which is false or which he either knows or hns reason to believe 1o be false or dooa not believe to be true,

shall be punishable with imprisonment for a term which may extend to three years, or with iine, or with both,

33. Penalty for offences not expr"s"ly provided for.—Whoever contravenes any provision ot this Ordinance or of any rule or order made thereunder, or obstructs the lawful exercise of any power conferred by or under this Ordinance shall, if no express provision is made by this Ordinance for the punishment o| auch contravention or obstruction, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

84. Penalty for abetment.—Whoever abots any of the offences punishable under this Ordinance shall bo punishable with the punishment provided for the offlenoe.

86. Offences to bo cognizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act Y of 1898), all offences under this Ordinance shall be cognizable

36. Prooedure lot prosecution.—No prosecution for any offence punishable under this Ordinance shall be instituted except with the previous sanotion of the Provincial Government or of any officer authorised in this behalf, by guneral or speoial order, by the Provincial Government.

37. Oflences may be tried summarily,—Any Magistrate empowered to try in a summary way the offences specified in sub-section (I) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), may, if an application is made in this behalf by the complainant and the Magistrate thinks fit, try any offence under this Ordinance in accordance with the provisions contained in sections 262 to 265 of that Code, but nothing oontained in sub-section (3) of section 262 of that Code shall apply to any such trial.

CHAPTEIt VII

MISCELLANEOUS

-88. Itefltriction on transfer by evacuee*—(i) No transfer of any right or interest in any property made in any manner whatsoever after the 14th day of August, 1047, by or on behalf of an evacuee or by or on behalf of a person who fras become an evacuee after the date of the transfer, shall be effective so as (o confer anj rights or remedies on the parties to suoh transfer or on any person claiming under them unless it is confirmed by the Custodian.

(#) An application for confirmation of such transfer may be raude by th& ^rarxBloror or fhe CUttrtWuree or any person claiming under, or lawfully authorised. by, 6itliir of thorn ;

(5) The provisions of section 5 of the Indian Limitation Act, 1908 (IX of L1908) shall apply to an application under sub-section (2).