The Displaced Persons (Compensation and Rehabilitation) Act,1954
Section 40. Power to make rules
(1) The Central Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form and manner in which and time within which, an application for payment of compensation may be made and the particulars which it may contain;
(b) the circumstances in which and the conditions subject to which evacuee property may be acquired under this Act;
(c) the sales according to which the form and manner in which, and the installments by which compensation may be paid to displaced persons;
(d) the dues which may be deducted from the amount of compensation to which a displaced person is entitled;
(e) the form and manner in which Government bonds may be isued to displaced persons;
(f) the valuation of property, shares and debentures which may be transferred to displaced persons;
(g) the terms and conditions subject to which property may be transferred to a displaced person under section 10;
(h) the circumstances under which, the extent to which and the manner in which, rehabilitation grants and other grants may be paid to a displaced person;
(hh)the manner in which any dispute as to who are the successors in interest of any deceased claimant to a rehabilitation grant or other grant, and as to the apportionment of such grant among persons entitled thereto, may be determined;
(i) the powers, functions and duties of managing officers and managing corporations;
(j) the procedure for the transfer of property out of the compensation pool and the manner of realisation of the sale proceeds or the adjustment of the value of the property transferred against the amount of compensation;
(k) the procedure to be followed by officers appointed under this Act for making enquiries under this Act;
(l) the form and manner in which appeals and applications for review or revision may be preferred or made under this Act and the procedure for hearing such appeals or application for review or revision;
(m)the powers vested in a Civil Court which may be exercised by an officer appointed under this Act;
(n) the form and manner in which records and books of accounts may be maintained under this Act;
(nn)the fees payable in respect of appeals, revisions or other application made under this Act;
(o) any other matter which is to be or may be prescribed under this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case made be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section ” 40-SYNOPSIS
1.Allotment–Allotment of land to persons wh
o have built Khokhas Not mandatory. Gian Singh v. Secretary to Government Punjab, Rehabilitation Department,1983(1) All India Land Laws Reporter 300.
2.Press Note–Order passed contrary to the press note by the Chief Settlement Commissioner No bar Order is valid, Gian Singh v. Secretary to Government Punjab, Rehabilitation Department,1983(1) All India Land Laws Reporter 300
–Sections 40, 9 and 4 Displaced Persons (Compensation and Rehabilitation Rule 1955 Rule 17,18,19,20 and 21 Compensation for claim and the right of a claimant as a legatee under a Will are different Cannot be clubbed together Dispute under Section 9 of the Act, could relate to a right by inheritance to or by succession under a Will of another claimant –Has to be paid separately Rule 18 show different kinds of claims for properties left in Pakistan which can be clubbed together Such reference is to an individuals claim to compensation and not to claims of different person which could by transfer or devolution vest separately in an individual And there is nothing in the Act to prevent a claimant from making a gift or a Will in respect of the amount he may be entitled to get. 1993(2) All India Land Laws Reporter 186