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Section 2 – The Transfer of Evacuee Deposits Act,1954

The Transfer of Evacuee Deposits Act,1954

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) “Custodian” means a Custodian of Deposits appointed under section 3 and includes an Assistant Custodian of Deposits;

(b) “Deposit means-

(i) Any movable property in the custody or under the control of any civil or revenue court in respect of any proceedings before it; or

(ii) Any movable property under the superintendence or in the custody of a court of wards under any law for the time being in force, whether such movable property is in the actual custody of the court of wards, or in that of some other authority on its behalf: or

(iii) Any movable property in the custody or under the control of a manager:

And includes any securities, insurance policies and negotiable instruments in the custody or under the control of any such civil or revenue court or under the superintendence or in the custody of such court of wards or in the custody or under the control of such manager.

Explanation 1

‘Securities’ include shares Scrips, stocks, bonds, debentures, debenture stocks or other marketable securities of a like nature in or of any body corporate and also Government securities.

Explanation 11

Where any deposit in the custody or under the control of any civil or revenue court or under the superintendence or in the custody of a court of wards or in the custody or under the control of the manager has vested in the Custodian of Evacuee Property as evacuee property, such deposit shall, for the purposes of this Act, be deemed to be in the custody or under the control of such civil or revenue court or under the superintendence or in the custody of the court of wards or in the custody or under the control of the manager, as the case may be;

(c) “Displaced person” means any person who on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan, has on or after the 1st day of March,1947, left, or been displaced from, his place of residence in such area and who has been subsequently residing in India;

(d) “Evacuee” means any person who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances, has, on or after the 1st day of March,1947, left any place in the territories to which this Act extends who is now residing in any` place forming part of Pakistan;

(e) “Manager” means the manager of an encumbered estate appointed under any law for the time being in force relating to encumbered estates;

(f) “Transferable deposit” means a deposit in which an evacuee has any right or interest, to the extent of that right or interest;

(g) “Prescribed” means prescribed by rules made under this Act.

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The Transfer of Evacuee Deposits Act,1954

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