The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 19] NEW DELHI, WEDNESDAY, APRIL 3, 1968/CHAITRA 14, 1890
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW (Legislative Department) New Delhi, the 3rd April, 1968/Chaitra 14, 1890 (Saka)
The following Act of Parliament received the assent of the Presi- dent on the 3rd April, 1968, and is hereby published for general information: —
THE DISPLACED PERSONS (COMPENSATION AND REHABILITATION) AMENDMENT ACT, 1968
(No. 17 OF 1968)
[3rd April, 1968]
An Act further to amend the Displaced Persons (Compensation and Rehabilitation) Act, 1954
BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows: —
154 THS- GAZETTE OF INDIA EXTRA ORDINAKY [PART II—SBC. 1]44 of 1954 • Insertion of new flection 8A,
2. In the Displaced Persons (Compensation and Rehabilitation) Act, 1954, after section 8, the following section shall be, and shall be deemed always to have been, inserted, namely: —
Payment of I'ompcnsa- i ion in cases of mortgaged properties.
"8A. (1) Where any compensation is payable to any dis- placed person in lieu of property abandoned by him in West Pakistan which on the date of his migration from West Pakistan was subject to a mortgage in favour of a person who is not resident in India, the Settlement Commissioner shall, after giving a reasonable notice to the displaced person, determine the principal sum for which the property was so mortgaged and such portion of the principal sum so determined as bears the same proportion as the compensation payable to the displaced person bears to the value of the verified claim of the displaced person in respect of that mortgaged property shall be deductible from the compensation payable in respect of the mortgaged property:
Provided that where compensation has been paid to any displaced person without such deduction having been made, the displaced person shall pay to the Central Government the amount of such deduction within three months of the determi- nation thereof or such longer period as may be prescribed:
Provided further that where compensation has been paid to any displaced person by sale or any other mode of transfer to him of any property from the compensation pool, the displaced person may, within the aforesaid period of three months or, as the case may be, within the aforesaid prescribed period,—
(a) either retain the property on his paying in cash the aforesaid amount, or
(b) surrender a portion of that property of a value equivalent to the amount of such deduction, such value being determined by the Settlement Commissioner in the pres- cribed manner.
(2) If any displaced person fails to pay any amount which is liable to be deducted from his compensation under sub-sec- lion (J), or fails to surrender the property of the value equiva- lent to such amount, such amount may be recovered in the same manner as an arrear of land revenue.".