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Section 14 – The Administration of Evacuee Property (Central) Rules,1950

The Administration of Evacuee Property (Central) Rules,1950

 

 

14. Cancellation or variation of leases and allotments.

 

(1) The Custodian shall not ordinarily vary the terms of a lease subsisting at the time he takes possession of immoveable property or cancel any such lease and evict a person who is lawfully in occupation of such property under a lease granted by the lessor before he became an evacuee and not in anticipation of becoming an evacuee unless the Custodian is satisfied that the lessee has done or omitted to do something which renders him liable to eviction under any law for the time being in force.

 

(2) In case of a lease or allotment granted by the Custodian himself, the Custodian mav evict a person on any ground justifying eviction of a tenant under any law relating to the Control of Rents for the time being in force in the State concerned, or for any violation of the conditions of the lease or the allotment.

 

1[(3) The Custodian may cancel an allotment and evict the allottee if he is satisfied that-

 

(i) The allottee has secured the allotment by misrepresentation or fraud; or

(ii) The allottee is in possession of more than one evacuee property of the same kind, that is to say, more than one residential premises, more than one business premises or more than one industrial premises; or

 

(iii) The allottee is in occupation of accommodation which, in the opinion of the Custodian, is in excess of the requirement of the allottee; or

 

(iv) The allottee or any person, normally residing with him or dependent on him, has built a house or otherwise acquired residential accommodation; or

 

(v) The allottee or any person, normally residing with him or dependent on him, has been granted by the Government a plot of land for constructing a house thereon; or

 

(vi) The allottee has obtained gainful employment in a place other than the place where the evacuee property allotted to him so situate:

 

Provided that no allotment shall be cancelled under this sub-rule I if any house built by the allottee or by any person normally residing with him or dependent on him or any residential accommodation otherwise acquired by the allottee or any such person has been requisitioned by the Government

 

Provided further that the Custodian shall not evict an allottee(a) if the allottee or a person normally residing with him or dependent on him has let out his house or other residential accommodation referred to in Cl. (iv), unless the allottee has been served with a notice for a period of not less than three months ;

 

(b) If the allottee or a person normally residing with him or dependent on him has failed to construct a house on the plot allotted to him, unless the allottee has been served with a notice for a period of not less than six months.]

 

(4) Before cancelling, or varying the terms of a lease or before evicting any lessee the Custodian shall serve the person or the persons concerned with a notice to show cause against the order proposed to be made and shall afford him a reasonable opportunity of being heard.

 

(5) Nothing in this rule shall be deemed to abridge or limit the power of the Custodian to cancel, or vary the terms of a lease relating to evacuee property, or to evict a lessee of such property where he is of the opinion that, for reasons to be recorded in writing it is necessary or expedient to do so for the preservation, or the proper administration or the management of such property or for carrying out any other object of the Act.

 

2[(6) Notwithstanding anything contained in this rule, the Custodian of Evacuee Property in the 3[State of Punjab] shall not exercise the power of cancelling any allotment of rural evacuee property on a quasi-permanent basis, or varying the terms of any such allotment except in the following circumstances:

 

(i) Where the allotment was made although the allottee owned no agricultural land in Pakistan;

 

(ii) Where the allottee has obtained land in excess of the area to which he was entitled under the scheme of allotment of land prevailing at the time of the allotment;

 

4[(iii) Where the allotment is to be cancelled or varied-

 

(a) In accordance with an order made by a competent authority under Sec. 8 of the East Punjab Refugees (Registration of Land Claims), Act, 1948;

 

(b) On account of the failure of the allottee to take possession of the allotted evacuee property within six months of the date of allotment;

 

(c) In consequence of a voluntary surrender of the allotted evacuee property or a voluntary exchange with other available rural evacuee property, or a mutual exchange with such other available property;

 

(d) In accordance with any general or special order of the Central Government:]

 

Provided that where an allotment is cancelled or varied under Cl. (ii), the allottee shall be entitled to retain such portion of the land as is not in excess of the land to which he would have been entitled under the scheme of quasi-permanent allotment of land:]

 

5[Provided further that nothing in this sub-rule shall apply to any application for revision, made under Sec. 26 6[or Sec. 27] of the Act, within the prescribed time against an order passed by a lower authority or before 22nd July, 1952.]

 

1. Subs. by Notification No. S. R.O. 1673, dated 21 st May, 1954.

 

2. Subs. by Notification No. S.R.O. 1290, dated 22nd July, 1952.

 

3. Subs. by Notification No. S.R.O. 667, dated 20th February, 1957.

 

4. Subs. by Notification No. S.R.O. 351, dated 13th February, 1953.

 

5. Added by ibid.

 

6. Ins. by Notification No. S.R.O. 1668. dated 25th August, 1953.

 

 

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The Administration of Evacuee Property (Central) Rules,1950

 

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