18. Enquiries under Sec. 22 in pending cases.
118. Enquiries under Sec. 22 in pending cases.
(1) The provisions of this rule shall apply to proceedings pending under Sec. 22 on the commencement of the Administration of Evacuee Property (Amendment) Act, 1953 (XI of 1953).
(2) In addition to the circumstances mentioned in the explanation to Sec. 22, the following shall be deemed to constitute a preparation for migration to Pakistan:
(i) Disposal of the bulk of ones household effects,
(ii) Disposal of assets essential to ones profession, practice or calling or trade, such as, the disposal of medical books and equipment by a doctor, the disposal of law books by a practising lawyer and the disposal of his stock-in-trade by a trader, and
(iii) Disposal of the tools and instruments by which a person earns his livelihood.
(3) After a notice has been served on a person against whom any proceedings are pending under Sec. 22 on the commencement of the Administration of Evacuee Property (Amendment) Act, 1953 (XI of 1953), if the person fails to appear on the date specified in the notice the Custodian shall proceed to give the findings ex parie.
(4) If the party appears and puts in objections, his objections shall be decided after giving him a reasonable opportunity of adducing evidence in support of his objections. The Custodian may, in his discretion, allow any other party to produce evidence in rebuttal of such evidence and may himself call such evidence as he deems fit.
(5) After hearing all the evidence, the Custodian shall proceed to pronounce his order.]
1. Subs. by ibid.