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

The Administration of Evacuee Property (Central) Rules,1950

 

 

15-B. Classes of persons to whom certificates under Sec. 16 may be granted.

 

1[An order for restoration under Sec. 16 may be made in favour of the following classes of persons, namely:]

 

2[(1) Any person who, since the 1st day of March, 1947, has continued to reside in India and did not at any time migrate to Pakistan and whose property has been declared as evacuee property;

 

(2) (a) Any person who on or after the 1st March, 1947, migrated from India to Pakistan but returned to India before the 18th July, 1948, and has settled therein

 

Provided that such person has not subsequently visited Pakistan except in the circumstances and subject to the conditions specified in Cl. (b) or Cl. (c),

 

(b) Any person who left for Pakistan before 15th October, 1952, on a temporary visit taking with himself a “No objection to return” certificate and-

 

(i) Returned to India on or before 15th October, 1952, under a valid permit issued under Influx from Pakistan (Control) Act, 1949, as then in force, for permanent return to India:

 

Provided that such person has not thereafter made any other journey to Pakistan except in similar circumstances and subject to the same conditions, or in the circumstances and subject to the conditions specified in Cl. (c); or

 

(ii) Has returned or returns, on or after the 15th October, 1952, on the authority of an Indian passport, or repatriation certificate, or emergency certificate, or certificate of identity or, in the case of a seaman, a continuous discharge certificate, issued by a competent authority under any law regulating travel between India and Pakistan:

 

Provided that such person has not thereafter made any other journey except in the circumstances and subject to the conditions specified in Cl. (c);

 

(c) Any person who has left or leaves for Pakistan on or after the 15th October, 1952, on a temporary visit taking with himself an Indian passport or emergency certificate, or certificate of identity or, in the case of a seaman, a continuous discharge certificate issued by a competent authority under any law regulating travel between India and Pakistan and has returned or returns to India during the period for which any such travel document was or is valid;

 

(d) Any person who came from Pakistan to India before the 18th October, 1949 under a valid permit issued under the Influx from Pakistan (Control) Act, 1949, as then in force, for permanent resettlement in India:

 

Provided that-

 

(i) No member of the family of such person wholly dependent upon his earnings for the provision of the ordinary necessaries of life has after his return remained behind in Pakistan with his approval or consent;

 

(ii) Such person has not subsequently left for Pakistan except in the circumstances and subject to the conditions specified in Cl. (b) or Cl. (c); and

 

(iii) No member of the family of such person hereinbefore described has subsequently left for Pakistan with his approval or consent.

 

(3) Meos belonging to Alwar and Bharatpur Districts in the State of Rajasthan, and Gurgaon District in the State of Punjab who migrated to Pakistan but who have returned to India, before the 18th day of October, 1949, for permanent resettlement in India.

 

(4) Evacuees 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 are permitted to return to India for permanent resettlement in accordance with the arrangements agreed upon by the Government of India and the Government of Pakistan.

 

(5) Nationals of any foreign country who are not settled in Pakistan and who have not acquired any right to, or interest in, or benefit from, any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan:

 

Provided nothing in this rule shall apply to any person who has settled in Pakistan and has been visting India merely for the purpose of looking after his property or other interest.]

 

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

 

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

 

 

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The Administration of Evacuee Property (Central) Rules,1950

 

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