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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY, OCTOBER IS, 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 winch 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. 26 Geo. 5, c. 2). the Governor General is pleased to make and promulgate the following Ordinance.—

C H A P T ER I

PRELIMINARY

1. Short title, extent and comnencenent.—(7) This Ordinance may be

called the Administration of Evacuee Property Ordinance, 1949.

(2) It extends to ail 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" m^ans any person,—

(i) who, on ftooount of the setting up of the Dominions of India and Pakistan OF' OH account ol 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 place outside the territories now forming part of India, or

(ii) who is resident in any place now forming part 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 Ordinance extends, or whose property in any part of the said territories hag ceased to be occupied, supervised or managed by any person or is being occupied, supervised or managed by an unauthorised person, or

(Hi) who has, after the 14th day of August, 1947, acquired by way of allotment or by means ol unlawful occupation or other illegal means any right to, interest in or benefit from any property which is treated as evaouee 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,—

(z) has transferred to Pakistan his assets or any part thereof situated in any part of the territories to which this Ordinance extend*: 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 such person shall not be deemed to be u transfer of assets within the meaning of this sub-clause, or

(ii) has acquired, if the acquisition has been made m person, in any mode other than iiny of the modes specified in sub-clause (Hi) of clause (d) of section 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

(HI¹) 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 Ordinance extends, with any property situated in Pakistan; (f) "evaouee 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 includes any property—

(.2) which has been obtained by any person from an evacuee after the 14th day of August, 1947, by any mode of transfer, unless such transfer has been confirmed by the Custodian, or

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

buj) does not include—•

(i) any ornament and any wearing apparel, cooking vessels or other household effects in the immediate possession of an evacuee; (it) any property belonging tc a joint stock company, the registered office of which was situated before the 15th day of

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

(pi "member of the faimiy" rneans any member of the tamily oi an intending evacuee who is wholly dependent upou the earnings of such evacuee tor the provi&ion of the ordinary necessaries oi life or who shares with such evacuee in the ordinaly expenses oi Lhe household to which they jointly belong or who owns property or cames on business ]omtly with such evacuee;

(h) "prescribed" means prescribed by rules made under this Ordinance;

(i) "property'' means property ot any kind, and includes any right or interest in such property, but does not include a mere right to sue or a cash deposit in a bank;

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

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

(a) references to the Provinces shall be construed as references to that Acceding SiJate;

(b) references to any Provincial Government shall be construed as- references to the Government ot that Acceding State;

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

(

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

CHAPTEB II

EVACUEB PROPERTY AND VESTING THEREOF IN THE CUSTODIAN 6. Appointment of Custodian-General.—-The Central Government may, by notification in the official Gazette, appoint a person to be the Custodian-General of Evacuee 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.—(1) The Provincial Government may, by notification in the official Gazette, appoint for the Province a Custodian, and as many Additional, Deputy or Assistant Custodians, of evacuee property as may be necessary for the purpose of discharging the duties imposed on the Custodian by or under this Ordinance.

(5) Subject to the provisions of this Ordinance, all Custodians, Additional, Deputy or Assistant Custodians of evacuee property shall discharge the duties imposed on them by or under this Ordinance under the general superintendence and control of the CuRtodian-General.

(3) Subject to +he provisions of sub-section (2), Additional, Deputy end Assistant Custodians shall discharge 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 of evacuee property.—(1) Where the Custodian is of opinion that any property is evacuee property within the meaning of this Ordinance, he may, after causing notice thereof to be given in such manner as may be prescribed to the persons- interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee property.

(2) Pending the determination of the question whether any property is evacuee property or otherwise, any property in respect of which a notice has been issued under sub-section (I) shall, from the date of the notice be deemed to have been attached by the Custodian, and any transfer or delivery of such property or oi an,} right or interest therein and any payment to any person contrary to such 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 such other manner as may be prescribed, all properties declared by him to be evacuee properties under sub-section (I).

8, Vesting of evacuee property in the Custodian.—(I) Any property declared to be evacuee property imder section 7 shall vest in the Custodian.

(2) Where immediately before the commencement of this Ordinance any evacuee property in a Province had vested in any person exercising the powers of a Custodian under any law repealed hereby, the evacuee property shall, on ihe fo'inne.iCL'-ieiit oi 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 ±o vest.

(5) Where any property in a Provinces belonging to a joint stock company had vested iu any per-on ex^Aisiiif the powei^ oi a Custodian under any law repealed hereby, then nothing contained ir clause (/) of section 2 shall affect the operation of sub-section (<:), but the Pro-wn^Ial Government may, by notifica- tion vi ihi official Gazette, direct that the Custodian shall be divested of any such property in such minuet and aftei such period as may be specified in the notification.

(4) Wbere after the if-!'.v of am ^ rx-ik f piopc-iij iu the Cboto li n any

(0) enter, or authorise any other person to eater, any Land or premises to inspect any evacuee property,

(d) take all such measures as may be necessary to keep any evacuee property in good repair;

(/) complete any building which has vested in him and which requires to be completed;

(J) require any person, notwithstanding anything to the contrary con- tained, in any other law for the time being i t iorce relating to tlie disclosures of any information by a public servant or nay other person, to furnish such returns, accounts or other inloi'iiiitiori in illation to any propoity and Li produce such documents in his possession as the Custodian considers necessary tor the dischurgf ot h,-, dntins under this Oidinance;

(g) require any banking company to furnish such information as iV Custodian ma;\ require with respect to any remittance made by any pei'son to any plac, outside L dm after the 14th day of August, 1947;

(h) search, 01 authorise any other person to search, any building or place in which the Custodian has reason to believe th> i any evacuee property or any document tending to show that a iy per,un is an Lvueuee or that any propertv ^ evacuee property is. being kept or coL^ealed and take possession t h en or;

(1) take such action as may bo necessary for the recovery of any debt due to the evacuee,

(j) institute, detend or continue any legal proceeding m any civi} or revenue Court on bchaU of the evacuee or vefer :j iv dispnto between the evacuee and any othei person to arbitration or compromise any claims, debts or liabilities on behalf of tha evacuee;

(k) raise on the security of the evacutso property such bans as may be necessary;

(i) in any case wheie the evacuee property which has vested hi the Custodian consists of u share or shares m a cornpanj, ox^cise, notwith standing anything to th conirary contains] in the Indian Companies Act, 1913 (VIT of 1913) or in the art! Ls oi association of the company, the same rights hi the matter ol making a requisition for the convening of a meeting oi of p^senlin^. a petition to th • Court under the provisions ot the Indian Companies Act, 1913, oi the articles of association Oi the company or in any other matter as the evacuee sbareholdor himself could have done had he been present, nlJ-jouE;⁷i t be name of the Custodian does not appear in the regisier of member-: ef the company;

(TO) incur any expenditure, mc'uding the payment of taxes, duties, ceBBes and rates to Government or to any loca¹ authority or of any amounts due to any employee oj' the evacuee or of any debt duc by the evacuee to any person;

(n) pay to bhe evacuee, or to any member of his family or to any other person aa in the opinion of t he Custodian is entitled thereto, any sums of money out of the funds m hib possession,

(o) transfer in any meaner whatsoever t?ny evacuee property, notwith- standing anything to the contrary contained in uny law - r agreement relat- ing thereto-

Provided that the Custodian sh^ll not sell any immovable proporty or any business or other undertaking of the evacuee, except with the previous approval of the Custodian-General;

ip) invest any money held by him in any of the securities approved bj the Central Government or in the prescribed manner;

(g) delegate, by general or special order, all or any of his function!

under this Ordinance to suoh offioers or persons as he thinks fit;

Provided that the Custodian shall not delegate any of his functions under clause (

11. Special provisions with respect to certain trust properties.—(Z) Where any evacuee property which has vested in the Custodian is property in truet 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 trus.teei the trust property and the income thereof shall be applied by the Custodian for fulfilling, as iar as possible, the purpose of the trust.

(8) In respect ot any Wakf-alal-aulad,—

(a) where the mutawalli is an evacuee, the property forming the subject matter of the wakf shah¹ vest in the Custodian subject to the rights of the bonoheianep unde. the wakf, if any, who are not evacuees;

(b) where not all the beneficiaries are evaouees, the rights and interests of such of the beneficiaries as are evacuees shall alone vest in the Custodian,

12. Power to vary or cancel leaaea or allotm"ntu ot evacuee property.—(i)

Notwithstanding anything contained in any other law for the time being in force, the Custodian may cancel auy allotment or terminate any lease or amend the terms ot any lease or agreement under which any evacuee property is held or occupied by any person, whether such allotment, lease or agreement wu granted or entered into before or after the commencement of thia Ordinanoe.

(#) Where by reason of any action taken under sub-section (I), any person has ceased to be entitled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of auoh 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-section (2), the Custodian may, notwithstanding anything to the contrary contained in any other law for the time being in i'orce, eject such person and take possession of such property in the manner provided in section 9.

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

(#) Any payment made otherwise than in accordance with sub-seotion (2) shall not be deemed to discharge the person paying it from his obligation to pay the amount due, nod shall not affect the right of the Custodian to enforoe euoh obligatio a^funsi any such persor.

14. Recouping a* dir^iditure by Custodian.—Any expenditure incurred by the Custodian in tl ' i ^e of any powor conferred by or under this Ordinance shall, in illation to UHJ- vucuee propi__-ty in respect of which it >>aE been incurred, be a i ,rt,6 on uch property in 1 shall, subject io the provisions of section 48 have utinrity over ail oth '<• charges on the property, and such fxpendltii. • may be eti or recouped ^y the Custodian out of the income accruing from aur-i \ perty or the sHe rnceedg thereof.

1 5. M a i n tc • ; :, uc cJ ' c c o o n ts by C u s t o d i a n . —( 1) T he C u s t o d i an s h a ll m a i n- t a in a s c p an

' .. a c c o u ir of i ^c " T ^ '' i n ch e v a e o ec p o s s e s s i on w h e r e of h as

been taken bv him, " "1 shal' <„ .se t l>_ a *de therein entries of all receipts and exr>f ndifcure in ' e - p r ct thi?'t-">f

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

(3) The Provincial Government shall cause the accounts maintained under this section to be inspected and audited at suoh intervals and by such persona as may be prescribed.

16. Eestoratdon Of property.—(1) The Custodian may, on application made Jo him in this behalf in writing by an evuouee or an,) person claiming to be the heir of an evacuee, restore, subject to such terms and conditions ay he may think fit to impose, the evacuee properly to which the evacuee or other person would have been entitled if this Ordinance vvere not in force:

Provided that the applicant produces hi support of his application a certi- ficate from the Central Government, or from any person authorised by it in this behalf, to the effect that the evacuee property may be BO restored if the applicant is otherwise entitled thereto.

(2) On receipt of an application under sub-section (I), the Custodian shall cause public notice thereof to be given in the prescribed manner and, after holding a summary inquiry into the claim in such manner as may be prescribed, m a y r-

(a) make a formal order declaring that the property shall be restored to the applicant; or

(b) reject the application; or

(o) refer the applicant to a civil Court for the determination of hii tslaim and title to the property:

Provided that no order for restoration shall be 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 of the property or the management thereof.

(S) Upon the restoration of the property to the evacuee or to the heir, a" jfche case may be, the Custodian shall stund absolved of all responsibilities in respect of the property so restored, but suoh restoration shall not prejudice the rights, if any, in respect of the property which any other person may be entitled (to enforoe against the person to whom the property has been so restored:

Provided that every lease granted in respect of the property by or on behalf ol the Custodian shall have effect against the person to whom restoration it 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, ae the case may be, a statement containing an abstract of the account of the Inoome received and expenditure incurred in respect of the property.

CHAPTER I II

CERTAIN CONSEQUENCES OF PHOPEETY VESTING IN CUSTODIAN

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

(2) Save as otherwise expressly provided in Ibis Ordinance, any attachment or Injunction subsisting on the commencement of tnte Ordinance in respect of any evacuee property which has vesied in the Custodian shall cense to have effect on such commencement, and any trimmer of evacuee properly under orders of & Court or uny other authority mude after the 14(h day of August, 1C47. shall be set aside, if an tipp'icalio" is made to such Court or authority by or at the Instance of the Custodian within three months from the commencement of thw Ordinance.

18. Occupancy or tenancy right not to be extinguished.—Nothing contained in any other law tor the time being in iuice shull bo deemed to extinguish the right ot occupancy iu any land ol mi evacuee which has vested in the Custodian and, notwithstanding anything e m i u u ul m nay such law, neither the evacuee nor the Custodian, whether as au occupancy tenant or as a tenant for a fixed Jerm of any land, shall be iiable to bo ejected or deemed to have become so liable on any ground whatsoever tor any detauifc ot the Custoliau

CHAPTER IV

PROPERIY OF INTENDING EVAOUEKS

19. Declaration of person as intending avacuee.—(2) Where the Cuntodian has reason to believe that a person IJ> an intending evacuee, he may, by notice served in the prescribed manner, call upon such person to show cause why he •hould not be declared an mtendiug muiuee, and shuil, utter holding such Inquiry into the matter as the cu\ umstaneea thereof pi-unit, and after" taking "uch evidence as may bo ptodueoi Lu rr on behalf of the person showing cause, pass au order (stating the reasons therefor) either declaring such person to be an intending evacuee or o'osing the case.

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

(3) Tlie Custodian way, pending Jeterminatiou ol the quostion whether any person is an intending evueuee or otherwise, atlaoh iu the prescribed manner any property iu the Province in TI Inch such person has a right or interest, dud where any such attachment has been made, any Irausfer or •lehvery of the property attached or of any light oi jutorest Ihemm and any payment to any person of any debt eo¹ trary to "urh attachment thail be vwid as against all claims enforceable under the itf-ui hi/iuit

20. Consequences ol declaration that a person Is an intending evacuee.— No person, in respect of whom a declaration has been mado under section 19 that he is an intending evacuee, shad I muster in any manner whatsoever any immovable propeity, iu wlrdi lit 'us any ti^hi or i u t u n t, hituakd in any part of the teuitories to which this Oidinuuce extend*, except with (he previous approval of tha Custodian, mil any tiauslcr mude in oontiaveution of the pro- visions of this section sha) be von] ,'uid ot no (fftct

21. Powers of Custodian generally in respect ol propeity of intending evacuees.—For the puiposeq ot pirsetvug any property in which any person in respect of whom a declaration has been ?n-vlp under section 19 that he is an Intending evacuee !±as any light or interest, the Custodian nny,—

(a) by order in wnting, require any such person to furnish such returns, accounts or other information in relation to any such propeity and to produce such documents in his possession as the Custodian may require;

(b) inspect the books of net omit or other locinnenU maintained by or in the possession oi such person,

(c) 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 Pakistan of any sum of money belonging to any such person or permit such transfer subject to such conditions and restrictions as the Custodian may think fit to impose.

22. Effect of intending svacueo contravening any provision of this Chapter.— If any person, hi r< .spect of whom a declaration hns been rmido under section 19 that he is an intending evacuee, makes any transfer of any property in oontravention of section 20 or fails to comply with any order made under clause (o) or clause (d) of section 21, the Custodian may, by notification in the official Gazette, declare any property situated in the Province iu which any such

person has any right or interest to be evacuee propeitv, und on the issue o£ such notification any property bpeciJied in the notdication shall be deemed to be evacuee property which hub \esLed in the Custodian within the meaning of this Ordinance

23. Intending evacuee acquiring evacuee oi abandoned property in Pakistan lor inadequate consideration to make good the deficiency.—(1) V\ here any person m respect ol whom u dee uratijn has been made undei sect.on j(J that he is an intending evacuee has eithei personally or thiough any member of his family acquired, "whether before or alter the commencement ot this Ordinance, any right to, interest in, or benefit trom any property which is treated us evacuee or abandoned propeily under any law tor the time bem" in iorco in Pakistan for a consideration which, in the opinion ot the Custodian is neither reasonable nor adequate, the C U M O ^ 'H imi\, .liter notice to Mich person and after affording him a reasunab'e opp minify ot being luard und atter holding Buch inquiry as the eireumV inc-'s o' the cibi. permit, determine, by order in writing, the amount, if am, b(v whuh Ihe consideiation, in Ins opinion, lulls short of the leal value of th;> pmpuly MJ uequii 1 a.id require sucn person Lo pay the amount to thi> Cus-lod.nn with n smb. t.me as may be bpjciticd in the order

(2) It the amount is not pmd within Hie lime Hpeeilied, or within such further time as the Custodian may allow, il e ( ,isto lia-i rpLi\ tnke posspss'on of so much of the property of such inki)'liu< vir-uee (\i \UMIM hi sufficient to cover the amount, in the case of movable pioperlv, or as would afford a reasonable security for the recovery of the amount, in thL oisw oh immovable property.

(3) The Custodian mm, tor t'ii pinposc of re'ilivn^ any amount payable by auch intending evacuee under the prov.s.ions of this sertiou, traustcr in any manner whatsoever any innr i\able property which has been taken Tnnsesriion of by him under sub-section (#).

CHAPTEE, V

APPEVT.K, HLVIEW AND EEVIt^TO^

24. Appeals from orders under sections 7, 16, 19 and 38.—(I) Any person aggrieved by un order rinde iincler section 7, section 16, section 19 or section 38 may prefer an appeal in such insurer (inrl within such lime as may be pres- cribed,—

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

(b) 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 if, preferred on the ground that the person aggrieved i& not an evacuee within the meaning of sub-clause (in) of clause (d) of section 2, or that the property is not evacuee property within the meaning ol sub-clause (2) of clause (/) of ;ecJion 2, the appeal shall be preferred in the manner prescribed in section 25.

(2) The Custodian to whom an appeal is preferred under clause (a) of sub- section (1) may dispose of it h'msolf or may make it over for dispoT. I to an Additional Custodian or to o Deputy Custodian authorised by the Gusto lian in writing in this behatf (in this Chapter referred to as the Authorised Deputy Custodian):

Provided that no appeal from an order of i Deputy Custodian shall bo mado over for disposal to tbo Author..set] Deputy Custodian

25. Appeals from other orders.—(i) Any person aggrieved by an order,— (a) under section 7 notifying his property as evacuee property o i trie ground that he is an evacuee within the meaning of sub-clause \ih) of

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

(b) under section 22 declaring any property of an intending evacuee to be evacuee property,

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

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

26. Powers of review or revision of Custodian, etc.—(2) 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, call for the record of any proceeding under this Ordinance 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 in 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 heard:

Provided further that if one of the officers aforesaid takes action under this sub-section, it shall not be competent for any other officer to do so.

(2) The Custodian, Additional Custodian or Authorised Deputy Custodian (but not a Deputy or an Assistant Custodian) may, after giving notice to the parties concerned, review his own order.

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

Provided that the Custodian-General shall not pass an order under this sub- section prejudicial to any person without giving him a reasonable opportunity of being heard.

(2) Notwithstanding anything contained in sub-section (2), where in respeol of any proceeding called for under sub-section (1), the Custodian-General ig of opinion that the District Judge is in error in holding any person not to be an evacuee or any property not to be evacuee property, he shall not pass any order in relation thereto but shsl¹ refer the matter, with his own opinion there- on, to the High Court to which the District Judge is otherwise subordinate.

(3) Any reference made under sub-section {2) shall be heard by a Bench of the High Court consisting of not Jess than two Judges and the Custodian- 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 pror vided in this Chapter, every order made by the Custodian-General, Distriot Judge, Custodian, Additional Custodian, Authorised Deputy Custodian, Deputy Custodian or Assistant- Ci stodian shall K final and shall not be called in question in any Court by way oi pppeai ut revision or in any original suit, application or execution proceeding.

CHAPTER VI

PENALTIES AND PROCEDURE

29. Penalty for failure to surrender possession of evacuee property.—An; person who fails to comply with a notice or demand by or on behalf of the Custodian under the provisions of Ihis Ordinance to surrender possession of any evacuee property shall be punishable with imprisonment tov a term whioh may extend to six months, or with fine, or with both.

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

31. Penalty for causing damage to evacuee property.—Any person who wilfully destroys 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 three years, or with fine, or with both

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

(i) for the purpose of obtaining an allotment or lease of any evacuee property, makes a declaration or statement which is false or which he either knowR or has reaBon to believe to be false, or does not believe to be true, or

(it) furnishes any return, account of information which is material to any of the purposes of this Ordinance and which is false or which he either knows or h>ia reason to believe to be false or does not believe to be true,

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

33. Penalty for oftencea not expressly provided for.—Whoever contravene! any provision of 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 oj euch contravention or obstruction, be punishable with imprisonment for a term whioh may extend to six months, or with fine, or with both.

34. Penalty for abetment.—Whoever abets any of the offences punishable under this Ordinance shall be punishable with the punishment provided for the offience.

SO. Offences to be cognizable.—"Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), all offences under thia Ordinance shall be cognizable.

38. Procedure for prosecution.—No prosecution for any offenoe punishable under this Ordinance shall be instituted except with the previous sanction of the Provincit-il Government or ol any officer authorised in tins behalf, bj general or special order, by the Provincial Government.

37. Ottencag may be tried summarily.—"Any ATagistrate i mpowoted to try in a summitry way the fff>rre<; spec if 1 v,'tb 'he pn visions contained in sections 262 to 265 of ^n < n ' t, but nofhinp- confined in subjection (2) of section 262 of that Cole sb tM fppW to uuv &ucb Irial

CIIAPIEK Vll

MiSLELiJA\Jioua

38. Restriction on transfer by evacuees,—(1) IMo transfer of any right or interest m any property made in auj munnei whatsoever after the 14i.li day of August, 1947, by or uii behaii oi an evacuee oi b,, oi on behalf of a peison who has become an evacuee utter the dale of the (rangier, shall be effective so aa to confer any rights or K-medies on the parties to bueh transfer or oa any person claiming under theru unless it is conhrined by the Custodian.

(2) An appiic ition foi eonm-niation of such ttan&fer may be made by the transferor or rhe it insieree or any pc-iou cunianig under, or lawfully authorised b y, e i t h er oi t h em to d ie C u s t o d i an • V I U I IL t wo n, u u i s. t u na U ie c o m m e n c e m e nt

of this Ordinance.

(3) The provision;, of section 5 of the Indian Lini

(4) The Custodian shall hold an inquiry into the npp' oaUon in Ilie piesonbed manner and may reject the application, li he is of opinion that-—

(a) the transitotion has, not been entered into M good laith or lor valu- able consideration, or

(6) ihc nansaeUon is ptoLnbited under any law tor the Wine being in force, or

(c) the transaction ou^ht nou to be continued foi uuy other reason.

(6) H the apphc.it 1.1 is no> ivjec!.Jd undei sub-seoiloo {!), the (. ustodian may cohiinn the tm isft_r GiLi i unconditionally or subject to such terms and conditions as ho thinks lit to impose.

39. Prohibition of registration of documents In certain cases.—(2 j Where any doc iinent lequ t.d to be restate ed under the Indian Regiatrnti'm Act, 1908 (XVI oi 1908), purports to transit! jti_ nyhi or iniercbt la au\ property hi contravention oi the provisions contained m secnon UO or section 38, no register- ing officer shall reg ster any such do- uineut and JII icvt\iue tifljeei shall sanction any mutation oi nnmes m respect thereof, un'ess tlif party presenting the document for re^stiution produces a certificate hrom the Custodian declaring that the property is not property belonging to an intending evneuee or that it is not evacuee property oi that ihe transaction has bojii continued or that the Custodian has given his previous approval to the transfer.

(2) Save as otherwise expressly provided herein, nothing contained in sub- section (1) shall bo doomed to itifeci nL piovisiout, contained m the "Pavmeivfe of Taxes, (iransfer of Property) Act, 1^19 (XXII of 1919), or in anj other kw for the time being m force relating to the registration of documents

40. Custodian's right to take possession not affected by death of evacuee, •to—Where in pursuance of the provisions of this Ordinance, the Custodian has taken possession of any evacuee property, such possession shall not be deemed to be wrongful, nor shall anything done in consequence thereof be deemed to he invalid or affected by reason only that at Ihe material time the evacuee who had a right or interest in the property had died or ha 1 ceased to be an evacuee.

41. Certain officers to be public eervanta.—The Custodian-General, the

Custodian and every other person du'y appointed to discharge any duties imposed on them by this Ordinance or the rules or orders made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Act XLY of 1860).

42. Powers of the Custodian while holding inquiry—For the purposes of holding any inquiry under this Ordinance, the Custodian shall 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) enforcing the attendance of any person and examining him on oath; (b) compelling the discovery and production of documents; (c) any prescribed matter;

and the inquiry by the Custodian shall be deemed to be a judicial proceeding within the moaning of sections 193 and 228 of the Indian Penal Code (Act XLV of 1860), and the Custodian shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).

43. jurisdiction of civil Courts barred in certain matters.—(1) Save as, other- wise expressly provided in this Ordinance, no civil Court shall have jurisdiction—

(a) to entertain or adjudicate upon any quesiion whether any property is or is not evacuee propcily or whether an evacuee has or has not any right or interest in any eveeuee property; ov

(b) to entertain or adjudicate ;;j;on any question whether any person is or is not au intend! lg t\acuee; or

(c) to question tl>c Sej.j'ii.y of any action taken by the Custodian- General or the Custtu :an under this- Ordinance; or

(d) in respect oi any niftier "which the Custodian-General or the Custodian is empowei:jcl L/ <~r Under this Ordinance to determine.

4.1. Prctecfi';;i of act CJ: ia^e.: 'n good jaith.—(2) No su't,-prosecution or other legal proceed';-!,; h " ''•• u - i -n-<:, -,v >'. v d^ Custodian or any person acting uw'tr i,V . ...x-"!^^ I n<~' >_;,stodia i m re\.pec' ot a"-* thing which is in good faith done ui IIA-JJ' U"¹ io be J^oe in pursuance a this O Hi nance or of any rules or ordtr:-. . • ° ⁴%-" i r \ i.

(2) No suit or othci •e:/a] pioceeding shall lie against the Central Govern- ment, the Provincial (A^WBy—ii the ''"u~U'lTan-Gererai or tht Custodian or a ny o t h er p e r s nr in I " •• - _t u. r ." , • '. " r 'j c ^ i - . -d or J k Jj to L i a i s ed by

anything in good i',i;th 1 ,:u v in'e d: d to ,-c '\QI:' in cinsu.iiic u'i this Ordi- nance or of ein in" ; 'ir ti.lers ;• ide ilivrc 'prl j '.

45. Hecovery of ar =:•??— \ny srni due -.o the P.ovLic-iai Government or to the Custodian under ihe provisions of this Oi^infnce may be recovered as if it were on sirrear oi' and 'vvenue.

48. Fees payable to the 0ustodian.—(7.) The Provincial Government may fix the fees, payable to the Custodiun for the management or disposal of any property vested in him

(8) Such fees shall be payable out oi the income or sale proceeds of such property and shall be a first charge on the property.

49. Power to exempt.—The Central Government may, by notification in the official Ga/etfe, exempt any person or class of persons or any property or class of property from the operation of all or any ol the provisions, of this Ordinance.

50. Power to give directions..—The Central Government may give direction* to any Provincial Government i\" to ihe carrying mlo execution in the Province of any of the provisions contained in this Ordinance or of any rules or orders made thereunder.

51. Power of Central Government to take action with regard to evacuea property.—The Central Government rnn,y, for the purpose of regulating the administration of any property which has vested in the Custodian under the provisions ot this Ordinance, pass sucli orde*¹ or direct such action to be taken In relation thereto as, in its opinion, the circumstances oi the case require and as is not inconsistent with any of the provisions contained in this Ordinance.

B2. Delegation of powers.— (1) The Central Government may direct that any power exerciuable bv it under this Ordinance shall be exercisablc also by such officer or authority subordinate to ("ha Central Government or by the Provincial Government or by such other authority subordinate to the Provincial Govern- ment as may be specified in the direction

(3) Tho Provincial Government may, by general or special order, direct that any power excrcisable by it under this Ordinance shall, in such circumstances and under such conditions, if nny, as mav bi_ specified in the order, be exercised by an officer subordinate to the Provincial Government.

(3) Subject to tile provisions ot this Ordinance and the rules and orders made thereunder, the Custodian may delegate all or any of his powers under this Ordinance to anj Additional, Deputy or Assistant Custodian, subject to such conditions, if any, as may be specified by the Custodian

{h) the circumstances in which leases and allotments may be cancelled or terminated or the lennb ot any lease or agreement v&ried

(t) the securities in v, hich the Custodian may invest any moneys held by him;

(;) the manner in which airy moneys due to the Custodian may be recovered;

(k) the form and manner in which books o£ accounts and other records shall be maintained by the Custodian;

(I) the form in which anry notice under this Ordinance rany be issued, the manner of its service and publication tmd the form in whieh any demand may be made by the Custodian;

(m) the nature ot ca&ea nncl the circumstances in which and the conditions subject to which certificates for restoration of propeily under seotion 16 may be issued;

(n) the nature of cases and the circumstances in which the Cu&todian may refer an applicant under section 16 to a civil Court;

(o) the powers vested in a civil Court which may be exercised by the CuBtodian while holding am inquiry under this Ordinance:

(p) the nature of cases and the circumstances in which the Custodian may confirm or refuse to confirm a transfer under section 38;

(q) the form and manner in wlnoh and the Lime within which appeals and applications for revision mny be preferred under Chapter V and the fees payable in respect thereat;

(r) any other matter which has to be or may be prescribed under this Ordinanoe.

(3) The Provincial Government may, by notification in the official Gazette, make rules providing for all or any of the following matters, namely:

(a) the terms and conditions of service of the Custodian and other officers appointed under this Ordinance and for the furnishing of security by them;

(6) the work to be performed by the Custodian and the Additional, Deputy and Assistant Custodians;

(c) the delegation of powers of the Custodian to the Additional, Deputy or Assistant Custodian;

(d) the lees payable to the Custodian for the management and disposal of any property vested in him and the manner in whioh such iees shall be paid;

(e) the persons by whom and the times at which books of account maintained undur this Ordinance may be inspected and audited.

64. Temporary amendment pi aectlon 51 ol the Indian Income Tax Act, 1922 During the continuance of this Ordinanoe, sub-section (3) of section 54 of the Indian Income-tax Act, 1922 (XI of 1022) shall have effect as if after clause (o) {Hereof, the following clause had been inserted, namely:

*'(p) of any such particulars to the Custodian of Evacuee Property appointed under the Administration of Evacuee Property Ordinance, 1G49, for the purpose of enabling him to disoharge the duties imposed upon him by or under the said Ordinance".

55. Kepeailg and saving.—(1) The Administration of Evacuee 3 roperty Ordinance, ¥)4<) (XII of 1949), as I i force in the Chief Commissioners' Provinces and the Province oi -Vfadras and (he United Provinces, is hereby repealed

(2) If, immediately before the commencement of this Ordinance, there in ia force in any lJrovmce other than uuy oi the Provinces specified in sub-section (1) or in any Acceding Stale any law corresponding to the Administration of iSvacuee Property Ordinance, 1949, thai law also bholl stand lepeaJed.

(?) N'ohu'thstanding the repeal by this Ordinance of the Administration of Evacuee Property Ordinnnce, 1940, or o± any coi responding lnw, anything done or any ac'iou taken .n the exercise ot tiny pev u eonJerierl by that Ordinance or law shui' Op ( oeiaed to have been done oi tnl i JI i "S the exrrcise of the powers conferred b> this Ordinance, and any penalty in 'ii.i'd OT pioet edin# Cotmiienced u n d er t h at O r d i n a n ce or l nw s - h n li b " ' l ^ r a i ed 1 i 'K ,. p e iu ty l a o u i nd or p r o-

the day or, vliioh cncJi thiny v ns 1 'ne. action I iLuii, penaHy incurred oi pro- ceochi'o conu>)Hii('cd

C RAJAGOPALACHARI,

Governor-Gen( ral.

K. Y B H A N D A R K A B,

7(^;f &'(V!/ fo //;c 6'or/. o/ India,

PrnusBKi) By TITK MAN-AOBB OF PCMTCATIONS, DKLHI, INDIA,

PBINTTD BY TETF MAWAOEJI. CTOVFRNMENT O) INDIA P R E R I, N EW DELHI, INDIA.

Coudition* 41. (1) Every mining lease shall includn the following condi-

tions:—

(i) The lessee shall pay royalty on minerals dewpatcbed from the leased ore.i nt the rates specified in the First Schedule to thebu Rules.

(ii) II any mineral not specified in the lease is discovered in

the leased urea he shall not -win and dispose of Buch mineral without obtaining a lease therefor. If he fails to apply for such lea&e within twelve months from the discovery of the mineral the Provincial Government may give a leuse in respect of such mineral to uuy other person.

(lli) The lessee shall also pay, for every year, except the first year of the leuse, such yearly dead rent within the limits specified in the Third Schedule to these liules, as may bo fixed by the Provincial Government in the lease; and if the lease permits the working of more than one minernl in the same area, the Provincial Government may charge separate dead rent in respect of each mineral:

Provided that the lesees shall ho liable to pay the dead-rent

or royaHy in rewpect of each mineral, whichever bo higher in amount, but not both.

(iv) The lessee shall also poy, for the surface area used by him for the purposes of the mine, suiface rent at such rate, not exceeding the land revenue and cesses assess- able on the land, as mny be specified by the Provincial Government in the leuse.

(v) Unless th" 1'rovineitil Government for pood canst) permits otherwise, the Ic-^ee shall commence opevut'ons within one yt av fiom the date of execution o< tbf" IHRSH nnd sha'l then ufd'f < in v thi in on in ,i pi o per, skilful and workmanlike manner

Sxylanai'ton.—I\>r Lho puipo&os of ibis clause, operations p^nM include 1'in ercvtioii of machumv, l,iy;n£; of a tram- way or constniet'.on of a io,ul in connection with the mine.

{vi) The lessee shill, at hit own expense, erect and at all Ihncu maintain and keep in Rood iep urs boundarv marks nurt pidars ncce&Btiry to indicnte the dcTnnicatiun shown i" the plon annexed to hi-; iefls"-

(vii) Tho lessee shall not enrry on, ra allow to be er.vrlefl on, any tnining operations ct unv ]joint within a distance of 50 yards from any milway line, except, with tho written permission of tho Railway Administration concerned, or from any reservoir, canal or other public works, or build- ings, except with the previous permission of t.hf Pro- vincial Government. The Railway Adimmsirtifion or the Provincial Government may, in granting svn-h permission, impose such conditions as it may deem fit.

(viif) The lessee shall Keen eurect accounts showing ihe quan- tity and oth-ir particulars of all minerals obtained n.nd despatched fiom the mine, tho number of peisons em- ployed therein, aud complete plans of tho mine, and

shall allow any officer authorised by the Ceniral or the Provincial u i\ eminent u llmj behalt to examine at any time nny iK'Couiitb, piano and iceords maintained by him and shall tarnish the Central or the Provincial Govern- ment with such information and returns us it may prescribe.

(ix) The lessee shrill keep aocinnte records ol all trenches, pits and drillings made by him in the course of operations carried on by him under the lease, and shall allow any officer authorized by the Provincial or the Central Gov- ernment to inspect the same. Such records shall contain the following particulars: —

(a) The subsoil nnd strata through which such Frenches, pita

or drilling's pass;

(b) Any mineral encountered;

(o) Such otbor matter as the Central or the Provincial Gov-

ernment may from time to time require.

(x) The lessee shall strengthen und support, to (ho sutisfaotion of the Tl'iilwny Administration concerned, or the Provin- cial Government, HS the case may be anv p.wt nf the mine winch m its opinion requires pnch =rrcrgthening or support for the safety of any Enihvnj, reservoir, canal, road or any o'hor pub'ic works or structures.

(ii) Th > lePRee sh.i'l allow any officer authorised hi the Central or the Provincial Government to enter iipon any build* ing, e\civf)Lf); or Umd ctanprised in the lease for the purpose of in'peeling the flame.

fxii) The lesKci' sh-ili, without delay, report to the Provincial Government the discovery, in tho area comprised in his leuee, of any mineral not Bpeoified in the lease.

(xiii) The Proviurinl Government shall at all times have tho light aS pre-onjition of tho minerals won from the land in lespect of which the lense haw been granted:

Provided (hat the ftiii rn rket price, prevailing' at the time of pre- emption, shall bo pud to tho lessee ior all such minerals.

(xiv) Tf thf* lessee, or his transferee or assignee does not allow endy or inspection under clauses (viii), fix) or (xi), the Provincial Government may cancel tho louse jnil forfeit in whole or part the deposit made by the lessee under rule 86.

(xv) In case of bronch by the lessee or hi" transferee or assignee of any of the <'onr!itions specified in olau"js (i), (ii), (lii), (iv), (v), (vi), (vii) (viii), (ix) and (x) of this rule the Pro- vincial Government shall give notice in writing fo the lessee asking him to lemedy the breach within thirty days from the dato of tho notice, und if the breach is not remedied within such poriod, the Provincial Government may deter- mine the lease.

(xvi) [n case of breii h by tlu leHsw or bin irnini'uri>c oi HHtugnee of any other condition of this lease, the Provincial Govern- ment may require the lessee to pay a penalty not exceed- ing an amount equivalent to Lwice the amount of the annual dead rent

^2) A mining lease may contain such other conditions, as the Provincial Government may doom necessary, in regard to the follow- i n g—

(i) Timo limit, mode and place of payment of rents and

royalties;

(ii) Compensation for damage ia ihe land covered by the lease;

(iii) Felling of trees;

(iv) Restriction of surface operr Lions in any area prohibited by

any authority;

(v) Notice by lcsLeo for fltiriaco occupation; fvi; Picvidinc; of proper weighing machines;

(viO Fiio'liticrt to be riven by the L sseo for working other

minerals in the leased area or adjacent arena,

(viii) Entering and working in ;i reserved or protected forest;

(ix) Securing pits and ohnflw;

(x) Reporting o{ accidents;

(xi) Indemnity io novernment ugniiibt claims of thi>*d parties;

(xii) Delivery of pos4r"won o\ei* lands and min^s on the

surrender, expiration or d^Urminition of tbe lease;

(xiii) Fi'mfeitui-c ol property left, after determination of lease; (MV) Power to t ike pc^ie^^'o-i of pUjt, tritchinory, piemises

and jnJiit'S in t'i" event of win oi emui^ency.

(H) A iMining lea^"- THIJ foitti'ni any other special condition, sub-

jeot to Iho pnor approval of I he Central Government.

42. Subject to the conditions mentioned in rule 41, the lessee shall Rights leiwo".

have the Iitrlit, for bin puiposo of his mining operations, to—

(1) "nrl\ mine--.,

(2) 'inilc pits and bluif1" and eonytrnct buildings und roads;

{!>) LvrcL ]'l(int oud nmchimry,

(i) qn.ury n"id obtain budding and road materials and make

hnclu;

(o) use water iind tike timber;

(0) uae laud for stacking purposes;

(7) do any oilier thing specified in the lease.

Right to

loam.

43, The lessee may determine the lease at any time by giving not ICSB than twelve mouth';' notice in wribing to tho Provincial Govern merit.

OHAPTEE V

Grant oi mineral concesaionH by private persons

44. The provisions of this Chapter shall apply to mineral con-

cessions granted by private persons.

Applicabi- lity of thb Chapter,

Certificate of approval eaaontiaL 45. No prospecting license or mining leaso shall be grunted except to a peison holding a eertificitc of approval from the Pro- vincial Government liming -jurisdiction over (he land in respect of which the concession is required:

Provided that, in the case of an individu;il who is not an Indian citizen, the prior approvul of the Central Government shall also be i equired:

Provided further that no prospecting license or mining lease for any mineral specified in Schedule IV shall be granted except with the prior approwil of the Central Government.

40, A prospecting license granted by a private person shall ba Conditions of pronpoe-

subject to the following conditions:—

(i) The period shall not exceed 2 years.

(ii) The licensee shall p-uy for each year or portion of a year such fee, between two annas and one rupee per acre, as way be agreed upon between the parties.

(iii) In the case of minerals other than gold, silver, precious stones or mica, the license shall not confer upon tli*¹ licensee a right to win or carry away the minerals for commercial purposes:

Provided that hs may carry away—

(a) any quantity within the limits specified in the Second HcheduJe without any payment; uud

(b) any quantity exceeding such limits, which is incidental to prospecting on payment ot royalty at the rates specified m tho l^irst Schedule.

(iv) In the case of gold, diver, precious stones or mica the licensee may carry uway any quantity won during the fuurKiJ of prrjs;'edirg on ^ujment of royalty specified in tho First fck'!:edule,

(\) Such other conditions as may he agreed upon between tho purtios.

47, A mining le.^se granted by a private pe.son shall be subject to the following condition-,.—

Conditions {n a mining l*aee.

(i) The period shall not exceed 20 years, but the lease phall be renewable, at iho option of Iho lessee, for one period not exceeding the duration of tlie original lease.

(ji) Tho area shall not exceed 4 sq. miles. (iii) No private p e mn shall grant more than one lenso to one person for on? mineral or associated group of minerals,

(iv) The length of nu area leased shall not exceed four times its breadth,

(v) The provisions o{ clauses (i), (ii}, (iii), (iv), (v\ (vii), (viii), (ix), (x), (xi) and (xv) of sub-rule (1) of rule 41 shall, apply t<' riuch lc ^e with the niod'fir'ftt'oii that in eluuses (ii), (iii), (iv), (v) and (xv) for the words "Provincial Government' the word "lessor" shall be substituted.

TranffeT or

tMtignmenh,

48. No prospecting license or mining lease to which the provisions of this Chapter apply shall be transferred except to a person holding a certificate of approval from the Provincial Government having jurisdiction over the laud in rt-spect of which such concession is g™"t e d'

. ..

. ..

Prohibition of premium.

49. No grantor of a prospecting license or a mailing lease stmii chargs any premium, in addition to or in lieu of the prospecting fee, surface rent, dead rent or royalty specified in such lioenne or \eane.

All'lllfll TO- ^u^T)H and Etatemonta.

50. Every private person granting a prospecting license or a mining lease elmll furnish annually to the Provincial Government such returns and statements, within such period, us may be speci- fied by it.

61 If any private person grnnts A prospecting license or mining

Punftlty.

leasu in contravention ,>£ nny oi the provisions oE this Clnpter or accepts any premium in contravention of rule 49, he shall be punish- able vith imprisonment v Iiich may exU'nd to 6 months, or with, fine which limy extend lo Its. 1,0()0 or both.

CHAPTER VI

Revision

62. Any person aggrieved by an order of a Provincial

Government—

Application for review.

(i) refusing to grant a certificate of approval, prospecting

license or mining lease;

(ii) cancelling a prospecting license or mining lease; (iii) refusing to permit transfer of a prospecting license under

l'ulo 23 (iv) or n mining leaye under rule 61

may, within two months of tlio dnto of such order, apply to the Central Government for reviewing the same

63. An application for revision under rule 52 shall be accom-

parked by a fee of Jts. 20.

Application fee.

ROTUW.

64, Upon receipt of such application, tho Central Government may, if it thinks fit, call for the relevant records and other informa- tion from the Provincial Government, and after considering any explanation that may be offered by tho Provincial Government, cancel the order of the Provincial Government or revise it in such manner os the Central Government niny deem just and proper.

Finality of order.

65. The order of the Central Government under rule 64 nnd subject only to such order, any order of a Provincial Go\e nment under these rules, shall be final.

CHAPTER VII

Miscellaneous

66. Any person holding a certificate of approval may, without

obtaining u prospecting license, apply for a minu.g lease.

Direct npp. liojtion for mining le&so. Application of tho'e rnlos t > all 67. Where a prospecting license or a mining lease granted before $he commencement ol these rules is renewed nfter such commence- ment, these rules shu.ll apply in relation to such renewal as *hey npply in relation to ihe . enewal of a prospecting licenso or a mining lease granted after such commencement.

Annual retun> of lir eriBw wad 68. An annual return of till prospecting licenses and mining leases grunted in a Province shnll he supplied by (lie Provincial Government to tho Director, Indi.m Bureau of Mines, in sueh firm as rnriy be specified by him not later than tho month of June fallow- ing the jcar to whicli the return lelates.

Forward ing of oupie* of (•port*.

59. The Provincial Government shall send copies of ill reports .veeived by it under rule 25 and clause (xii) of sub-rule (1) of rule 41 to W*u Director, Jndian Bureau of Mines.

SCHEDULE I

ROYALTY

(See rules 23, 41, 46 and 47)

1.

Ooal—

Five per cent, of f.o.r. statutory prioe- subject to a minimum of As. 8 per ton.

2. Mica—

. Ee. 1 per md.

(a) Crude mica . . ..

. Es. 2/8'- per md.

(6) Trimmed mica, clear . . .

. Es. 2/- per md.

(e) Trimmed mica, spotted

. As. 2 per md.

(d) Waste and scrap mica .

• 5 pev cent, of the value.

G o ld or S i l v er . . . ..

3.

I r on o r e—

4.

. A_^ 8 nrvr ton. . Ro i per ton.

(a) TTsed for extraction of fon (b) Used for other puipoaoj

. 20 per cent, of tha value.

Precious Stonea •

6.

Manganese ore—

6.

(a) High grade (45 par cent. Mn. and over) . Five pT" cant of tho •?>¹3 vi n at fio pit'a mouth, suLjoJt to a minimum of Flo 1 por loa.

(6) Low grade (below 45 per cent. Mn.) . Fi. o p"'• cent of tho salo vilm fit tho pit'^ month, subject to a mini-nurn of At 8 por ton.

Chromite—

7.

(a) 45 per ooat. t'r3 03 and above

. Fix™ n v <• >'if oF+'i"' rV 3 v^'i: • i⁴/ t hi pit's rnon h, [U ii'>niM oi Its. 1/8/-

1 ) CI i > x >.

K"iUi'', U lj ^u tv- J r L'.lUiI! 1 1.1 j \ j. 12

p >r t" l

. I iv D i' c~ it of tho iio •<-'i¹'if .'t tVi pit's 8.

mi u K, L'.Li.Nji t,"¹ a rr.i ^ li'L-a of At>. 4 j ?• ton.

. V iv • p "" c o n t. of t U r" s i lo \ J ' I IO At t he p i t 's 9.

MAXIMUM QUAXTiTiifls OT OKTCB AND mNnnAia RTIMOVAHIJI FTCEM OF BOYAI/TT

(iS'e rules 2J ut d 46)

2 tona.

Class 1.

Class 2

Auriferous rook imd ftrovel continuing no \isiblo Hold Mefallilorou9 orea meant foi o iiidinf aluminium iron

10 tons.

and manganese

Class 3

5 tona.

M o t a l l i f i r om oiea m e a nt for r-vtm t i n' c lii n o n y, uinoiue, b i ^ i r u t l i, c h i o n n u i i i, nop] < r, l o a d, m k n ], t i n, tibaniLim, lu ngHt en a nd / mo

Class 4

MeiallifcioiH or"M m e a nt for u \ l i u i i ns o n d m u i m, c o b a l t,

2 tons

mm n i^ , itioijbfloi u m, s d v t n, t l u d l in a nd v a n m i i um

P o r n p o n nd orf^ rai|nin iv t he AioLnh <"f c]nni 4 HI Hinaller

Claue f>

6 tona.

q u a n t i t i es l l i nn t h o fo of t l a sJ .1 . ..

2 owts.

C o n c e n t u U e¹! of tlid on s n m i m f u o l pd m cluSbCi 8 to f>

Class 0

ti owts.

M i m r aU of tlio " I P IP r n r t h "" (fioi p . .. .

Class 7

G y j j h n m, n o ii p Mi i • ", L> J C II on j -1 n l( n " \ u tl b a u x i te U f c ei f or

Class S

6 tons.

piirjjobiH ot) ti 111! n fiji niinium urtl n g

"Rni^le , bilnmon, born*., coiutdiim, fimoi-y, fcl'iprr and

Class 9

4 too.

floillhj tXT . , •

lTo w t.

ARbeMcFt, g r n p l i i t o, l m r ji m i ll n nl it (i H n iln'i . . •

CltlHH 10

ClHBH 1] SilliTnnr l i e, k y i i u i⁰ Ttu' tu l ie COIJJ j i t mt s ^ t i t i t o, v o i m i-

6 *--OUH

( u h t o , 1 ii i l uv , i iiu m nn 1 i IJ i ' „ n i n t f i u o ls ,

fit HI OU] J, III

Dl AT) "RFN C

p er a o re ±'^ "^"-"

Coal • . . • " • • • It t in n rn f oi ( ^ t u a c' i in r f i nn • . • Tl \ u \ i tr L i i x li 1 1 ni (i ' i mi I IM . . . . . • LTi -V . - G o l d, s i h i i, , i\ in n m id i C ii l i i m i LU an J I 1 ^i n un U H OJ

1. 2. S. 4. B.

10 A ll o t h rr m i n c n i' : , . , . . . . .•

A

RCIf, Dl IA1 IV

Si n ii ii i) H IM L \T S

(,9ce r n / ts 1 5, 'id aitj 47)

C o n l; f \ | i s u T n, v i m i n i in oi = •, b I l , ^ * n o n i fp n n rl o H i er t i t m i um

u r a i m im oi , (< I w 1 i i JI u d Z^i i JIM C LUI ot tlio " l i ne

e t i r l b s" g i o u p, and z m n i i.

B. B PAYMASTEB,

Jomt Scur^By to the Govcrnraent of India.

MINISTRY Oy OOMMUNIOATIONS

New Delhi, the lQth October, 1049

Notification under Section 1 ol the Indian Wirelesa Telegraphy (Amendment)

Act 1949 (Act XXXI ol 1943)

No. T-2/180/48.—Tn exercise o£ the powers conferred by aub-Bection (2) of Section 1 of tile hulmn Wireless 'IVlegruph (Amendment) Act, "MMO (XXXI o( 1949) the Centuil Governujont in plsa&ed to ajjpoint the 22nd October 1949 as the dute on which the SLikl Act dli.nl coniu into force.

V. K. It. MENON, Secy.

PUBLIHUCn BY I H ^ H ^ t t in ' '/ t'^BI'CATlDMX, DKLHt, INDIA,

PRINTED BY THE M_*NAGLB,^^BFV.RNUBNT or INDIA PMISS, N EW U t u u, INDIA,