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Section 2 – The Displaced Persons (Compensation and Rehabilitation) Act,1954

The Displaced Persons (Compensation and Rehabilitation) Act,1954

Section 2. Definitions

In this Act, unless the context otherwise requires:

(a) “compensation pool” means the compensation pool constituted under Section 14;

(b) “displaced person” means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such disturbances in any area now forming part of West Pakistan, has after the first day of March,1947, left, or been displaced from, his place of residence in such area and who has been subsequently residing in India, and includes any person who is resident in any place now forming part of India and who for that reasons is unable or has been rendered unable to manage, supervise or control any immovable property belonging to him in West Pakistan, and also includes the successors-in-interest of any such person;

(c) “evacuee property” means any property which has been declared or is deemed to have been declared as evacuee property under the Administration of Evacuee Property Act,1950 (XXXI of 1950),

(d) “public dues” in relation to a displaced persons, includes

(i) arrears of rent in respect of any property allotted or leased to the displaced person by Central Government or a State Government or the Custodian;

(ii) any amount recoverable, whether in one lump sum or in installments, from the displaced person on account of loans granted to him by the Central Government or a State Government or the Rehabilitation Finance Administration constituted under the Rehabilitation Finance Administration Act,1948 (XII of 1948), and any interest on such loans;

(iii) the amount of purchase money or any part thereof and any interest on such amount or part remaining unpaid and recoverable from the displaced person on account of transfer to him of any property or interest therein by

(a) the Central Government; or

(b) any State Government; or

(c) any body corporate or other authority or person financed by the Central Government or a State Government for the purpose of the acquisition; development or construction of any immovable property for the rehabilitation of displaced persons;

(iii) a)any dues payable, whether in one lump sum or in installments, to a co- operative society, registered as such under any law for the time being in force, by the displaced person on account of loans granted to him by the co-operative society, where such loans have been granted out of funds placed at the disposal of the co-operative society by the Central Government or a State Government and such dues have been declared by the Central Government by notification in the Official Gazette, to be public dues;

(iv) any other dues payable to the Central Government, a State Government, or the Custodian which may be declared by the Central Government, by notification in the Official Gazette, to be public dues recoverable from the displaced persons;

(e)”verified claim” means any claim registered under the Displaced Persons (Claims) Act,1950 (XLV of 1950) in respect of which a final order has been passed under that Act or under the Displaced Persons (Claims) Supplementary Act,1954 (12 of 1954), and includes any claim registered on or before the 31st day of May,1953 under the East Punjab Refugees (Registration of Land) (Claims) Act,1948 (East Punjab Act, XII of 1948) or under the Patiala Refugees (Registration of Land (Claims) ordinance,2004 (Order 10 of 2004 BK) and verified by any authority appointed for the purpose by the Government of Punjab, the Government of Patiala or the Government of Patiala and East
Punjab States Union, as the case may be, which has not been satisfied wholly or partially by the allotment of any evacuee land under the relevant notification specified in Section 10 of this Act, but does not include

(i)any such claim registered in respect of property held in trust for a public purpose of a religious or charitable nature;

(ii) except in the case of a banking company for the purpose of sub clause (I) of clause (b) of sub-section (3) of Section 6, only

(a) any such claim made by or on behalf of any company or association whether incorporated or not;

(b) any such claim made by a mortgagee or other person holding a charge or lien on immovable property belonging to a displaced person in West Pakistan;

(f) “prescribed” means prescribed by rules made under this Act;

(g) “West Pakistan” means the territories of Pakistan excluding the Province of East Bengal and includes the tribal area to Tochi and Kurram and such other tribal areas adjoining the North West Frontier as may be specified in this behalf by order of the Central Government;

(h) all other words and expressions used but not defined in this Act and defined in the Administration of Evacuee Property Act,1950 (XXXI of 1950) have the meanings respectively assigned to them in that Act.

Section 2 : SYNOPSIS

1. Allottee and Lessee

2.Default in repayment of loan

COMMENTARY

1.Allottee and lessee Tenant of Evacuee Property Not covered by the said definition of Allottee and lessee. Mam Chand v. Union of India,1984(2) L.L.R. 531.

2.Default in repayment of loan Loan obtained by the displaced persons under the provisions of Rehabilitation Finance Administration Act,1948 Land Improvement Loans Act,1883 Agriculturist Loans Act,1884 Displaced persons cannot be arrested in case there is default in the repayment of loan. Kartar Singh v. State of Punjab,1983 L L R.326

Sections 2(6),2(10), 5,17 and 37 Loan incurred prior to partition of country from a Bank under overdraft account is a debt within the meaning of Section 2(6) A person is a Displaced Person who may be having two places of residence one in India and one in now known as Pakistan if is unable to manage his property in West Pakistan as per Section 2(2) Section 5 has no application to debt sought to be enforced against a displaced debtor He need not have his status determined Debt incurred in Jammu and Kashmir decreed by Jammu Court Executed by Delhi Court ” Valid. Supp. Vol. 23 All India Land Laws Reporter 116

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