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Section 9 – The Administration of Evacuee Property (Central) Rules,1950

The Administration of Evacuee Property (Central) Rules,1950

 

 

9. Procedure under Sec. 9.

 

(i) Where a notice has been duly served on the occupant or holder of the property under rule 8 and the possession is not delivered as required, the officer who issued the notice or any other officer not below the rank of a Deputy Custodian, may issue a warrant of eviction or seizure in Form No. 4 One copy of the warrant shall be forwarded to the officer-in-charge of police station within the territorial limits of which the property concerned is for the time being to be found or such other officer as may be in charge of carrying out evictions or seizures, who shall forthwith take steps to effect the evictions or seizures with the use of such force as may be neccessary.1

 

(ii) Every police officer to whom a warrant of eviction or seizure is sent for execution shall submit a weekly report to the Deputy Superintendent of Police having jurisdiction and a copy thereof to the Custodian giving details of number of warrants entrusted to as well as executed by him together with such other particulars as may be necessary.

 

(iii) A register of warrants shall be maintained by the Custodian and such register shall contain the following particulars

 

(a) Name of owner.

 

(b) Description of property.

 

(c) Name of the person against whom the warrant is to be executed.

 

(d) Date of issue and service of surrender notice.

 

(e) The final result.

 

(iv) The Custodian, the Additional Custodian or the Authorized Deputy Custodian of his own motion or on the motion of the party aggrieved, may stay any eviction proceeding pending disposal of the appeal against the order declaring the property to be evacuee property.

 

1. Bai Marium v. Assistant Custodian, Evacuee Property, A.I.R. 1952 Sau. 1 at p. 2.

 

 

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The Administration of Evacuee Property (Central) Rules,1950

 

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