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Section 15A – The Administration of Evacuee Property (Central) Rules,1950

The Administration of Evacuee Property (Central) Rules,1950

 

 

15-A. Procedure for making applications for grant of certificates under Sec. 16.

 

115-A. Procedure for making applications for grant of certificates under Sec. 16.

 

(1) An application for restoration of evacuee property under sub-section (1) of Sec. 16 shall not be entertained unless-

 

(a) Where an order declaring the property to be evacuee property was made before the 21st May, 1954 (hereinafter referred to as the appointed date”)-

 

(i) All appeals and revision-applications permissible under the Act against such order have either become time-barred on the appointed date or have been filed and disposed of before that date, and the application is made within sixty days of such date; or

 

(ii) Where the period of limitation for filing such appeals or revision-applications has not expired on the appointed date, such appeals and revision-applications have been filed and the application is made within sixty days of the final order of the Custodian-General in the case;

 

(b) Where an order declaring the property to be evacuee property is made after the appointed date-

 

(i) All appeals and revision-applications permissible under the Act against such order have been filed and the Custodian General has made a final order in the case: and

 

(ii) The application is made within sixty days of the final order of the Custodian-General;

 

(c) Where any proceedings for declaring the property to be evacuee property are pending on the appointed date and the application is made within sixty days of the final order of the Custodian-General in the case.

 

(2) Notwithstanding anything contained in sub-rule (1), an application 2[* * *] for restoration of evacuee property under sub-section (1) of Sec. 16 by an evacuee who migrated to West Pakistan from the State of Uttar Pradesh during the period between the 1st February, 1950 and 31st May, 1950 and who is permitted to return to India for permanent resettlement, may be entertained if it is made within sixty days of the appointed date or of the date of the return of the evacuee to India, whichever is later.

 

(3) Nothing in this rule shall apply to an application 2[***] for restoration of evacuee property under sub-section (1) of Sec. 16 which is pending on the appointed date.]

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

 

2. The words “for a certificate” omitted by S.R.O. 667, dated 20th February, 1957.

 

 

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The Administration of Evacuee Property (Central) Rules,1950

 

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