The Haryana Evacuee Properties (Management and Disposal) Act, 2008 (7 of 2008)

HARYA...NA GOVT. GAZ. (EXTRA.), APR. 16, 2008 59
(CFrnR. 27, 1930 SAJKA)
HARY AJ.'(A GOVERNMENT
LEGISLATIVE DEPARTMENT
The 16th April, 2008
No. Leg. 8/2008.-The following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 8th Aprii, 2008,
and is hereby published for general information :-
HARYANA ACT NO.7 OF 2008
THE HARY ANA EVACUEE PROPERTIES (MANAGEMENT AND
DISPOSAL) ACT, 2008
AN
to provide for management and disposal of evacuee properties in the State of
Haryana andfor the matters connected therewith and incidental thereto.
BE it enacted by the Legislature of the State of Haryana in the Fifty-ninth
Year of the Republic of India as follows:
1. (1) This Act may be called the Haryana Evacuee Properties (Nl<ulagemen
and Disposal) Act, 2008.
(2) It shall be deemed to have come into force with effect from the
6th September, 2005.
(a) "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 West Pakistan, has, after the 1 st day of March,
1947, left or been displaced from, his place ofresidence in such
area and who has been subsequently residing in India, and
includes any person who is resident of any place now fomung
part of India and who for that reasons is unable or has bP...en rendered
unable to manage, supervise or control any immovable property
belonging to him in West Pakistan, and also includes the
successors-in interest of any such person;
Short title and
co;nmencemellt.
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~ 
" 
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60 HARY."'-.NA GOVT. GAZ. (EXTRA.), APR. 16, 2008 
(CHTR. 27, 1930 SAKA) 
(b) "evacuee property" means any evacuee property which has been 
received by t,1.e State Government from the Government of India 
in any manner or has become evacuee by operation of any law, 
rules or orders or any other property described as such in the 
revenu~ record. and inciudes the properties mortgaged by . 
erstwhIle MuslIm evacuee owners in favour of locals or 
vice- versa; 
(c) "family" in relation to a person, means the individual, the wife or 
husband, as the case may be, of such individual and the\l:' 
unmarried minor chi ldren; 
Explanation.-For the purpose of this clause, "minor" means a person 
who has not completed the age of eighteen years; 
Cd) "medical authority" for the purposes of this Act shall have the 
same meaning as assigned to it under clause (p) of section 2 of 
the Persons with Di. abilities (Equal Opportunities, Protection of 
Rights and Full Participation) Act, 1995 (1 of 1996); 
(e) "person with disability" means a person suffering from not less 
than forty percent of any disability as certified by a medical 
authority; 
(f) "prescribed" means prescribed by rules made under this Act; 
(g) "public ·dues" mean use and occupation charges in respect of 
any evacuee property which had remained in unauthorized 
possession of a person and includes charges on account of 
damages to the property; 
(h) "Secretary" means the Secretary to Government, Haryana, 
Rehabilitation Department; 
(i) "State Government" means the Government of the State of 
Haryana; 
(j) "Tehsildar" means Tehsildar (Sales) and includes Naib Tehsildar 
(Sales) I Naib Tehsildar (Rehabilitation) appointed under 
sub-section (1) of section 3; 
(x:) "unauthorized occupant" means a person who is in unauthorized 
occupation of any evacuee property-
(i) where he has, whether before or after the commencement 
of this Act, entered into possession thereof otherwise than 
under and in pursuance of any allotment, lease or grant or 
public auction; or orders of any competent authority; or 
(ii) where he, notwitlis-t.anding anything contained in para (i) 
has, whether before or after the commencement of this 

HARYANA GOVT. GAZ. (ExlRA.), APR. 16, 2008 61
(CfrDR. 27, 1930 SAJ(A)
Act, entered into possession thereof in pursuance of an
order obtained by him by means of fraud, mis-
representation or concealment of any material fact; or
(iii) . where he, being an allottee, lessee, grantee or auction
purchaser, has by reasons of the determination or
cancellation of his allotment, lease, grant or auction in
accordance with the terms in that behalf therein contained,
ceased, whether before or after the commencement of this
Act, to be entitled to occupy or hold such evacuee property;
or
(iv) where he has purchased any evacuee property from an
allottee or leg,,] heir of the allottee, as the case may be,
and entered into possession t..'lereof in pursuance to sale
deed of such property and subsequentJy such allotment
has been cancelled; or
(v) where any person authorized to occupy, any evacuee
property has, whether before or after the commencement
of this Act-
(a) sublet, in contravention of the terms of the allotment,
lease, grant or auction without the permission of the
State Government or of any other authority
competent to permit such subletting, the whole or
any
pa.t1: of such evacuee property~ or
(b) otherwise acted in contravention of any of the ierms,
express or implied under which he is authorized to
occupy such evacuee property.
Explanation. For the purposes of sub-clause (a), a
person shall not merely by reason of the fact that he has
paid any rent, be deemed to have entered into possession
as allottee, lessee, grantee or auction-purchaser;
(1) "verified claim" means any claim in lieu of the land left by a
displaced person in West PakistaI! in whose favour any order for
allotment of land has been passed by the Chief Settlement •
Commissioner, Haryana or Secretary under the Displaced Persons
(Compensation and Rehabilitation) Act, 1954 (Central Act 44 of
1954), repealed by the Displaced Persons Claims and Other Laws
Repeal Act, 2005 (Central Act 38 of 2(05), and allotment has
not been made.
3. (1) The State Government shall, by notification in the Official
Gazette, appoint a Chief Commissioner (Sales), as many Commissioners (Sales),
and Tebsildars (Sales) or Naib Tehsildars (Sales)/ Naib Tehsildars (Rehabilitation),
Appointment of
Chief Commis-
sioner (Sales) and
other officers.
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•Power to transfer
evacuee property.
62 HARY ANA GOVT. GAZ. (EXTRA.), APR. 16, 2008
(CHTR. 27, 1930 SAKA)
as may be necessary for the purpose of performing the functions assigned to them
by or under this Act.
(2) The Chief Commissioner (Sales) shall have general
superintendence and control over the Commissioners (Sales), Tehsildars (Sales)
and Naib Tehsildars (Sales)/Naib Tehsildars (Rehabilitation) in the State and may
issue necessary directions for carrying out the purposes of this Act .
4. (I) The Tehsildar may transfer, except under clause (d) below, on
such terms and conditions as may be prescribed, any evacuee property with the
prior approval of the State Govermnent,-
(a) by allotment to the displaced persons against their verified
claims;
(b) by sale through public auction;
(c) by sale through auction restricted to the members of the
Scheduled Castes and Backward Classes as notified by the
State Government from time to time on such terms and
conditions as may be prescribed;
(d) by sale through. negotiation to any department of
Government of India, State Government, Boards and
Corporations duly constituted under any law, Panchayati
Raj Institutions or other registered bodies and cooperative
societies registered under any general or special law for a
public purpose, at such price, tenilS and conditions, as the
State Government may, determine by general or special
order;
(e) to tbepersons on the basis of his possession under any policy,
scheme or rules;
(f) to any person with disability on such terms and conditions
as may be prescribed:
Provided that except in the case of allotment under clause (a) and ill
the case of a sale under clause (d), the maximum area that may be transferred to any
person, mcluding the area, if any, already owned by him, shall n'3t exceed five
acres:
Provided further that the saJ.e under clause (d) above, shall be done in
accordance with the Ru.les of Business of the Go\'ernment of Haryana, 1977.
However, the conveyance deed for the transfer of the evacuee property under
clause (d) above shall be issued by the concerned Tehsildar:
Provided further that land in rural area and urban area which is free
from encro hment shall be trans-ferred to the concerned Gram Pancbayat and
concerned Municipal Committee re~-pectively on the terms and conditions as the
State Government may by general or special order direct.
. .
(2) Every Tehsildat selling any evacuee property by public auction
' 
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HARYANA GOVT. GAZ. (EXTRA), APR. 16, 2008 63
(CHTR. 27, 1930 SAKA)
or otherwise under sub-section (1), shall be deemed to be a revenue officer
within the meaning of sub-section (4) of section 89 of the Registration Act, 1908
(XVI of 1908).
5. (1) Where a Tehsildar is satisfied that any person is or has at any Power to recover
time been in unauthorized occupation of any evacuee property or caused damages damages.
to evacuee property in any manner, then, without prejudice to any other action
which may be taken against that person, the Tehsildar may, having regard to such
principles of assessment of damages as may be prescribed, assess the damages on
account of the use and occupation of such evacuee property and may, by order,
require that person to pay the damages within such period and in such installments
as may be specified in the order:
Provided that no order which prejudicially affects any person shall be
passed under this section without giving him a reasonable opportunity of being
heard.
(2) In case the affected person fails to pay such assessed damages,
the same shall be recovered as arrears of land revenue.
6. (1) The Tehsildar may cancel any lease or transfer of any evacuee
property with prior approval of State Government in such manner as may be
prescribed:
Power to cancel
lease or transfer of
any evacuee
property and to
Provided that no lease or transfer shall be cancelled, under this sub- take possession.
section without giving a reasonable opportunity of being heard.
(2) Where any person
(a) has ceased to be entitled to the possession of any evacuee
property by reason of any action taken under sub-section
(1); or
(b) is, in the opinion of the Tehsildar, otherwise in
unauthorized possession of any evacuee property,
he shall, after he has been given a reasonable opportunity of showing cause against
his eviction from such evacuee property, surrender possession of the propelty on
demand being made in this behalf by the Tehsildar.
(3) If any person fails to surrender possession of any evacuee property
on demand made under sub-section (2), the Tehsildar may, eject such person and
take possession of such property and may, for such purpose, use or cause to be used
such force as may be necessary.
7. (1) Any person aggrieved by an order of the Tehsildar under this Act Appeal.
may, within a period of thirty days from the date of the order, prefer an appeal to the
Commissioner (Sales), in such form and manner as may be prescribed:
Provided that the Commissioner (Sales) may entertain an appeal after
the expiry of the said period of thirty days, if he is satisfied that the appellant was
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Certain residuary
powers of State
Government.
64 HARY ANA GOVT. GAZ. (EXTRA.), APR. 16, 2008
(CHTR. 27, 1930 SAKA)
prevented by sufficient cause from filing the appeal within the stipulated period,
but no appeal shall be entertained after the period of ninety days from the date of
such order.
(2) The Commissioner (Sales) after hearing the appeal, may confirm,
vary or reverse the order appealed against or pass such order, as he may deem fit.
8. (1) Any person aggrieved by an order of the Commissioner (Sales)
may, within a period of sixty days from the date of the order, prefer a revision to the
Chief Commissioner (Sales) in such form and manner as may be prescribed:
Provided that the Chief Commissioner (Sales) may entertain the revision
after the expiry of the said period of sixty days, if he is satisfied that the applicant
was prevented by sufficient cause from filing the revision within the stipulated
period, but no revision shall be entertained after one hundred and twenty days
from the date of the order of the Commissioner (Sales).
(2) The Chief Commissioner (Sales) may, after hearing the revision,
confirm, vary or reverse the order under revision or pass such order, as he may
deem fit.
9. The State Government may at any time call for the record of any
proceedings under this Act and may pass such order in relation thereto as in its
opinion the circumstances of the case require and as is not inconsistent with any of
the provisions contained in this Act or the rules made thereunder:
Provided that the powers of State Government under this section shall
be exercised by the Secretary:
Provided further that no order which prejudicially affects the interest
of any person shall be passed under this section without giving him a reasonable
opportunity of being heard.
10. Every officer appointed under this Act shall, for the purpose of making
any enquiry or hearing an appeal or revision under this Act, have the same powers
as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908),
when trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) requisitioning of any public record from any court or office;
(e) any other matter which may be prescribed,
and any proceedings before any such officer shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of the Indian Penal Code,

HARYANA GOVT. GAZ. (EXTRA.), APR. 16, 2008 65
(CHTR. 27, 1930 SAKA)
1860 (Act XL V of 1860) and every such officer shall be deemed to be a civil court
within the meaning of sections 345 and 346 of the Code of Criminal Procedure,
1973 (Act 2 of 1974).
11. The State Government may, by an order in writing at any time, transfer
any case pending before an officer appointed under this Act to another officer and
the officer to whom the case is so transferred may, subject to any special direction
in the order of transfer, proceed from the stage at which it was so transferred.
12. The provisions of this Act and the rules made thereunder shall have
effect notwithstanding anything inconsistent therewith contained in any other
law.
Powers to
transfer cases.
Act to over-ride
other laws.
13. (1) Any person who furnishes false, wrong or incorrect information
or document or evidence in whatsoever manner to any officer appointed under this
Act, shall be punishable with imprisonment for a term which may extend upto one
year or with a minimum fme of two thousand rupees which may extend upto five
thousand rupees or with both.
(2) No court shall take cognizance of any offence punishable under
this Act, save upon a complaint in writing made by an officer, authorized by the
Chief Commissioner (Sales) by any general or special order made in this behalf.
14. (1) Save as otherwise expressly provided in this Act, no civil court Bar of
shall have jurisdiction to entertain any suit or proceeding in respect of any matter, jurisdiction.
which the State Government or any officer appointed under this Act is empowered
by or under this Act to determine, and no injunction shall be granted by any court
or authority in respect of any action taken or to be taken in pursuance of any power
conferred by or under this Act.
(2) No civil court shall have jurisdiction to entertain or adjudicate
upon any question whether any immovable property or any right, title or interest
in such immovable property falls or does not fall within the definition of evacuee
property.
15. No suit or other legal proceeding shall lie against the State Government
or any person appointed under this Act in respect of anything which is done in
good faith or intended to be done in pursuance of the provisions of this Act and
any rules or orders made thereunder.
16. No officer or any member of his family or other persons having any
duty to perform in connection with the valuation or sale of any evacuee property,
or having any official connection with the Rehabilitation Department, Haryana,
shall, either directly or indirectly bid for or otherwise acquire or attempt to acquire
any interest in such property.
17. Every officer appointed under this Act shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act XL V
of 1860).
Protection of action
taken in good faith.
Certain persons
not eligible to
purchase property.
Officers to be
public servants.
' 

66 HARY ANA GOVT. 'JAZ. (EXTRA.), APR. 16, 2008
(CHTR. 27,1930 SAKA)
Non-applicability 18. No person shall be declared as occupancy tenant in respect of any
of Punjab Tenancy evacuee property under the Punjab Tenancy Act, 1887 (Act XVI of 1887).
Act, 1887.
Powers to make
rules.
19. (1) The State Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act including management and disposal
of evacuee properties and maintenance of records, as may be necessary from time
to time.
(2) Every rule made under this Act shall be laid, as soon as may be,
after it is made, before the House of the State Legislature, while it is in session ..If
the House agrees in making any modification in the rule or the House agrees that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
20. Anything done or any action taken by the Secretary, Special Secretary,
Joint Secretary, Deputy Secretary or Tehsildar by virtue of the powers delegated
by the Central Government under the Displaced Persons (Compensation and
Rehabilitation) Act, 1954 (Act. XLIV of 1954), repealed by the Displaced Persons
Claims and Other Laws Repeal Act, 2005 (Central Act 38 of 2005), shall be deemed
to have been done or taken under the corresponding provisions of this Act as if this
Act were in force on the date on which such thing was done or action taken.
M. S. SULLAR,
Secretary to Government Haryana,
Legislative Department.

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