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Section 4 – The Transfer of Evacuee Deposits Act,1954

The Transfer of Evacuee Deposits Act,1954

Section 4. Transfer of deposits in mass migration area

(1) Where a civil or revenue court or a court of wards situated in a mass migration area or the manager exercising jurisdiction in any such area is satisfied,-

(a) In the case of a civil or revenue court other than a civil court exercising jurisdiction under the Guardians and Wards Act,1890 (VIII of 1890) or the manager, that all the parties interested in a deposit are Muslims;

(b) In the case of a civil court exercising jurisdiction under the Guardians and Wards Act,1890 (VIII of 1890), that both the guardian and the minor interested in a deposit Muslims;

(c) In the case of a court of wards having under its superintendence or custody a deposit, that the ward is a Muslim;

The civil or revenue court or the court of wards or the manager, as the case may be, shall, as soon as may be after the commencement of this Act, transfer the deposit along with the records relating thereto, to such authorised officer or authority in Pakistan as the Central Government may, be general or special order, specify in this behalf:

Provided that where, in the opinion of any such civil or revenue court or the court of wards or the manager, any of the persons interested in a deposit is not an evacuee, the deposit shall not be transferred to Pakistan under this section.

(2) Every civil or revenue court and every court of wards and the manager shall, as soon as may be, send to the custodian in such form as may be prescribed, particulars of all deposits transferred to Pakistan under sub-section (1)

Explanation

In this section, the expression ‘mass migration area’ means the territories comprised in the following States or areas, namely:-

(i) The State of Punjab;

(ii) The State of Patiala and East Punjab States Union;

(iii) The State of Ajmer;

(iv) The State of Delhi;

(v) The State of Himachal Pradesh;

(vi) The districts of Alwar Bharartpur and Bikaner in the State of Rajasthan, and the districts of Saharanpur, Dehra Dun, Meerut and Muzaffarnagar in the State of Uttar Pradesh.

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The Transfer of Evacuee Deposits Act,1954

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