8. Vesting of evacuee property in the Custodian.
(1) Any property declared to be evacuee property under Sec. 7 shall be deemed to have vested in the Custodian for the State, –
(a) In the case of the property of an evacuee as defined in sub-clause (i) of Cl. (d) of Sec. 2, from the date on which he leaves or left any place in a State for any place outside the territories now forming part of India;
(b) In the case of the property of an evacuee as defined in sub-clause (ii) of Cl. (d) of Sec. 2, from the 15th day of August, 1947 and
(c) In the case of any other property; from the date of the notice given under sub-section (1) of Sec. 7 in respect thereof (2) Where immediately before the commencement of this Act any property in a State had vested as evacuee property in any person exercising the power of Custodian under any law repealed hereby, the property shall, on the commencement of this Act, be deemed to be evacuee property declared as such within the meaning of this Act and shall be deemed to have vested in the Custodian appointed or deemed to have been appointed for the State under this Act, and shall continue to so vest:
Provided that where at the commencement of this Act there is pending before the High Court, the Custodian or any other authority for or in any State any proceeding under Sec. 8 or Sec. 30 of the Administration of Evacuee Property Ordinance, 1949 (12 of 1949), or under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 1949 (27 of 1949), then notwithstanding anything contained in this Act or in any other law for the time being in force, such proceeding shall be disposed of as if the definitions of “evacuee property” and “evacuee” contained in Sec. 2 of this Act had become applicable thereto,
1[(2-A) Without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of Custodian in any State shall, notwithstanding any defect in, or the invalidity of, such law or any judgment, decree of any Court, be deemed for all purposes to have validly vested in that person, as if the provisions of such law had been enacted by Parliament and such property shall, on the commencement of this Act, be deemed to have been evacuee property declared as such within the meaning of this Act and accordingly, any order made or other action taken by the Custodian or any other authority in relation to such property shall be deemed to have validly and lawfully made or taken.]
(3) Where any property in a State belonging to a joint stock company had vested in any person exercising the powers of a Custodian under any law previously in force, then nothing contained in Cl. (f) of Sec. 2 shall affect the operation of sub-section (2), but the 2[Central Government] may, by notification in the official Gazette, direct that the Custodian shall be divested of any such property in such manner and after such period as may be specified in the notification.
(4) Where after any evacuee property has vested in the Custodian any person is in possession thereof, he shall be deemed to be holding on behalf of the Custodian and shall on demand surrender possession of it to the Custodian or to any other person duly authorized by him in this behalf.
1. Ins. by Act 1 of 1960, Sec. 2 (with retrospective effect).
2. Subs. by Act 91 of 1956. Sec. 3, for “State Government” (w.e.f. 22nd October, 1956).