The JAMMU AND KASHMIR STATE EVACUEES’ (ADMINISTRATION OF PROPERTY) ACT, 2006 (1949 A. D.)

EV ACUEES’ (ADMINISTRATION OF
PROPERTY) ACT, 2006 (1949 A. D.)
(Act No. VI of Samvat 2006)
26 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 27
ACT, 2006 (1949 A. D.)
THE JAMMU AND KASHMIR STATE EV ACUEES’
(ADMINISTRATION OF PROPERTY) ACT, 2006 (1949 A. D.)
(Act No. VI of Samvat 2006)
CONTENTS
Preamble.
SECTION.
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
3. Act to override other laws.
CHAPTER II
Evacuee Property and Vesting Thereof in the Custodian
3-A. Appointment of Custodian General and Deputy Custodian General.
4. Custodians and their rights, powers, duties and liabilities, appointment
of Custodians, etc.
4-A. Appointment of staff.
4-B. Powers of the Minister Incharge to make transfers
5. Vesting of evacuee property in the Custodian.
6. Notification of evacuee property.
7. Power of Custodian to take possession of evacuee property vested in
him.
8. Claim by interested persons.
28 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
SECTION.
9. Powers and duties of the Custodian generally.
9-A. Prohibition of erection or re-erection of buildings without permission
10. Power to vary or cancel leases or allotments of evacuee property.
10-A. Revision of Rent.
11. Payments to Custodian to be valid discharge.
12. Expenditure by Custodian how to be recouped.
13. Maintenance of accounts by Custodian.
14. Restoration of property.
14-A. Transfer of property in lieu of evacuee property.
14-B. Compensation for the land acquired under section 14-A.
14-C. Compensation for the land redeemed.
CHAPTER III
Certain Consequences of Property Vesting in Custodian
15. Exemption from attachment, sale, etc.
16. Occupancy or tenancy right not to be extinguished.
CHAPTER IV
Penalties and Procedure
17. Penalty for failure to surrender possession of evacuee property.
17-A. Penalty for wrongfully paying or receiving rents, etc. in respect of
evacuee property.
17-B. Penalty for concealing evacuee property.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 29
ACT, 2006 (1949 A. D.)
SECTION.
18. Penalty for causing damage to evacuee property.
19. Penalty for false declaration in certain cases.
20. Penalty for offences not expressly provided for.
21. Penalty for abetment.
22. Offences to be cognizable.
23. Cognizance of offences by Courts.
24. Offences to be tried summarily.
CHAPTER V
Miscellaneous
25. Restriction on transfer by evacuee.
25-A. Restriction on transfer of the property.
26. Prohibition of transfer of immovable property generally in certain areas.
27. Custodian’s right to take possession not affected by death of evacuee,
etc.
28. Certain officers to be public servants.
29. Powers of the Custodian while holding inquiry under this Act.
29-A. Power of the Custodian to impose penalties.
30. Appeal, review and revision.
30-A. Powers of revision of the Minister Incharge.
31. Jurisdiction of Civil Courts barred in certain matters.
32. Protection of action taken in goodfaith.
30 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
SECTION
33. Recovery of arrears.
34. Records to be public documents.
35. Notice to the Custodian.
36. Fees payable to the Custodian.
37. Power to exempt.
38. Delegation of Powers.
39. Power to make rules.
40. Repeal and savings.
41. Power of Government to apply Act to other persons.
–––––––
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 31
ACT, 2006 (1949 A. D.)
THE JAMMU AND KASHMIR STATE EVACUEES’
(ADMINISTRATION OF PROPERTY) ACT, SVT. 2006
(1949 A. D.)
(Act No. VI of Svt. 2006)
[Promulgated by Shree Yuvaraj under section 5 of the Jammu and
Kashmir Constitution Act, 1996, and published in the Government Gazette
dated 21st Bhadon, 2006.]
An Act to provide for the administration of Evacuees’ Property in the
Jammu and Kashmir State.
Whereas it is expedient to provide for the administration of
evacuees’ property in the 1[Union territory of Jammu and Kashmir].
Now, therefore, in exercise of the powers reserved under section 5
of the Jammu and Kashmir Constitution Act, 1996, read with the
Proclamation issued by His Highness and published in the extraordinary
issue of the Jammu and Kashmir Government Gazette dated 7th Har, 2006
Yuvaraj Shri Karan Singh Ji Bahadur is pleased to enact as follows :—
CHAPTER I
Preliminary
1. Short title, extent and commencement.—(1) This Act may be
called the Jammu and Kashmir State Evacuees’ (Administration of
Property) Act, 2006.
(2) It extends to the 2[whole of the Union territory of Jammu and
Kashmir].
(3) It shall come into force at once.
2. Definitions.—In this Act, unless there is anything repugnant in the
subject or context,—
(a) “allotment” means the 3[grant by the Government or the
Custodian] or any other person duly authorised by the
1. Substituted for “Jammu and Kashmir State” by S.O. 3808 (E) dated 26.10.2020.
2. Substituted for “whole of the Jammu and Kashmir State” ibid.
3. Substituted by Act XXIII of Svt. 2007 for “grant by the Custodian”.
32 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
Custodian in this behalf of a temporary right of use and
occupation of any immovable property of an evacuee to any
person otherwise than by way of lease ;
1[(aa) “Custodian General” means the Custodian General of evacuee
property in the State of Jammu and Kashmir, appointed by the
Government under section 3-A ;]
(b) “Custodian” means the Custodian or Custodians for the *State
or part thereof and includes any Additional, Deputy or Assistant
Custodian of evacuee property appointed for the *State or part
thereof ;
(c) “evacuee” means any person,—
(i) 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, leaves or has, on or after the 1st day
of March, 1947, left, any place in the *State for any place
outside the territories now forming part of India, or
(ii) who is resident in any place now forming part of Pakistan
or in any such part of the territory of the 2[Union territory
of Jammu and Kashmir] as is under the operational control
of the Pakistan Armed Forces, and who for that reason is
unable to occupy, supervise or manage in person his
property in the *State or whose property in the *State has
ceased to be occupied, supervised or managed by any
person or is being occupied, supervised or managed by an
unauthorised person, or
3[(iii)who has, after the 14th day of August, 1947, acquired by
way of allotment or lease or by means of unlawful
occupation or other illegal means, any right to, interest in
or benefit from any property which is treated as evacuee
or abandoned property under any law for the time being
in force in Pakistan or any such part of the territories of
the 2[Union territory of Jammu and Kashmir] as is under
the operational control of the Pakistan Armed Forces ;]
1. Clause (aa) interested by Act XXIII of Svt. 2007.
* Now Union territory of Jammu and Kashmir.
2. Substituted for “Jammu and Kashmir State” by S.O. 3808 (E) dated 26.10.2020.
3. Sub-clause (iii) substituted by Act XXIII of Svt. 2007.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 33
ACT, 2006 (1949 A. D.)
1[(d)“evacuee property” means any property in which an evacuee
has any right or interest (whether personally or has a trustee or
as a beneficiary or in any other capacity), and includes any
property which has been obtained by any person from an
evacuee after the 14th day of August, 1947, by any mode of
transfer unless such transfer has been confirmed by the
Custodian, but does not include—
(i) any ornaments, any wearing apparel, cooking vessels, or
other household effects in the immediate physical
possession of an evacuee ;
(ii) any property belonging to a Joint Stock Company, the
registered office of which was situated before the 15th day
of August, 1947, in any place now forming part of Pakistan
or any such part of the territories of the 2[Union territory
of Jammu and Kashmir] as is under the operational control
of the Pakistan Armed Forces and continues to be so
situated after the said date ;
(e) “Prescribed” means prescribed by rules made under this Act ;
(f) “ Property” means property of any kind, and includes any right
or interest in such property, but does not include mere
right to sue 3(* * * *) ;
(g) “unauthorised person” means any person (whether duly
empowered in this behalf by the evacuee or otherwise) who,
after the 4[14th day of August], 1947, has been occupying,
supervising or managing the property of an evacuee without the
approval of the Custodian.
3. Act to override other laws. ––5[(1) The provisions of this Act and
of the rules and orders made thereunder shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time
being in force or in any instrument having effect by virtue of any such law.
(2) For the removal of doubts, it is hereby declared that nothing in
any other law controlling the rents of, or evictions from, any property shall
1. Clause (d) substituted by Act XXIII of Svt. 2007.
2. Substituted for “Jammu and Kashmir State” by S.O. 3808 (E) dated 26.10.2020.
3. Words “or a cash deposit in a Bank” deleted by XXIII of Svt. 2007.
4. Substituted ibid for” 15th day of August”.
5. Section 3 re-numbered as sub-section (1) and after sub-section (1) as so re-numbered,
sub-section (2) inserted by Act XXI of 1974. s. 2.
34 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
apply or be deemed ever to have applied to evacuee property.]
CHAPTER II
1[Evacuee Property and Vesting Thereof in the Custodian]
2[(3-A. Appointment of Custodian General and Deputy Custodian
General.—The Government may, by notification in the 3[Official Gazette],
appoint a Custodian General and one or more Deputy Custodians General
as may be necessary for the purpose of discharging the duties imposed upon
the Custodian General and the Deputy Custodians General by or under this
Act.]
4[4. Custodians and their rights, powers, duties and liabilities,
appointment of Custodians, etc.—(1) The Government may, by notification
in the 3[Government Gazette], appoint for the *State or any part thereof one
or more Custodians, and as many Additional, Deputy or Assistant
Custodians of evacuee property as may be necessary for the purpose of
discharging the duties imposed on the Custodians by or under this Act.
(2) Subject to the provisions of this Act, all Custodians, Additional,
Deputy or Assistant Custodians of evacuee property shall discharge the
duties imposed on them by or under this Act under the general
superintendence and control of the Custodian General.
(3) Subject to the provisions of sub-section (2), Additional, Deputy
and Assistant Custodians of evacuee property shall discharge the duties
imposed on them by or under this Act under the general superintendence
and control of the Custodian, but the Government may, by general or
special order, provide for the distribution of work among them.]
5[4-A. Appointment of staff.—(1) The Custodian General may, with
the approval of the Minister Incharge Evacuee Property Department,
appoint such officers and employees as may be required for carrying out
the purposes of this Act.
(2) The method of recruitment and conditions of service of the
officers and employees appointed under sub-section (1), shall be such as
1. Inserted by Act XXIII of svt. 2007 for “15th day of August”.
2. Section 3-A substituted by Act VII of Svt. 2010. (section 3-A was originally inserted by Act
XXIII of Svt. 2007.
3. Substituted for “Government Gazette” by S.O. 3808 (E) dated 26.10.2020.
* Now Union territory of Jammu and Kashmir.
4. Section 4 substituted by Act XXIII of Svt. 2007.
5. Inserted by Act VII of 1980, s. 2.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 35
ACT, 2006 (1949 A. D.)
may be prescribed.
4-B. Powers of the Minister Incharge to make transfers.––
Notwithstanding anything contained in this Act or in any other law for the
time being in force, the Minister Incharge Evacuee Property Department
shall have the power of transferring officers and employees of Evacuee
Property Department, appointed under section 4-A, to a Department of the
Government and vice versa :
Provided that the conditions of service of such officers and employees
are not affected by such transfers.]
5. Vesting of evacuee property in the Custodian.—1[(1) Subject
to the provisions of this Act, all evacuee property situate in the *State shall
be deemed to have vested in the Custodian,—
(a) in case of the property of an evacuee as defined in sub-clause
(i) of clause (c) of section 2, from the date on which he leaves
or left any place in the *State for any place outside the
territories now forming part of India ;
(b) in the case of the property of an evacuee as defined in sub-
clause (ii) of clause (c) of section 2, from the 15th day of
August, 1947 ; and
(c) in the case of any other property, from the date it has been
registered as evacuee property.
(2) Where immediately before the commencement of this Act, any
property in the *State had vested as evacuee property in any person exercising
the powers of a Custodian under any corresponding law in force in the *State
immediately before such commencement, the property shall, on the
commencement of this Act, be deemed to be evacuee property declared as
such within the meaning of this Act and shall be deemed to have vested in
the Custodian appointed under this Act, and shall continue to so vest.]
(3) Where any property belonging to a joint stock company had
vested in any person exercising the powers of a Custodian immediately
before the commencement of this act, then, nothing contained in clause (d)
of section 2 shall affect the operation of sub-section (2), but the
Government may, by notification in the 2[Official Gazette], direct that the
1. Section 5 (1) and (2) substituted by Act XXIII of Svt. 2007.
* Now Union territory of Jammu and Kashmir.
2. Substituted for “Government Gazette” by S.O. 3808 (E) dated 26.10.2020.
36 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
Custodian shall be divested of any such property in such manner and after
such period, as may be specified in the notification.
6. Notification of evacuee property.—(1) The Custodian may, from
time to time, notify, either by publication in the Jammu and Kashmir
1[Official Gazette] or in such other manner as may be prescribed, evacuee
properties which have vested in him under this Act.
(2) Where after the vesting of any evacuee property in the Custodian
any person is in possession of any such property he shall be deemed to be
holding it on behalf of the Custodian and shall, on demand, surrender
possession of it to the Custodian or any person duly authorised by him in
this behalf.
7. Power of Custodian to take possession of evacuee property vested
in him.—If any person in possession of any evacuee property refuses or
fails on demand to surrender possession thereof to the Custodian or to any
person duly authorised by him in this behalf, the Custodian may use such
force as is necessary for taking possession of such property and may, for
this purpose, after giving reasonable warning and facility to any women not
appearing in public to withdraw, remove or break open any lock, bolt or
any door or do any other act necessary for the said purpose.
8. Claim by interested persons.—(1) Any person claiming any right
to, or interest in, any property, which has been notified under section 6 as
evacuee property, or in respect of which a demand requiring surrender of
possession has been made by the Custodian, may prefer a claim to the
Custodian on the ground that,—
(a) the property is not evacuee property ; or
(b) his interest in the property has not been affected by the
provisions of this Act.
(2) Any claim under sub-section (1) shall be preferred by an
application made within thirty days from the date on which the notification
was issued or the demand requiring surrender of possession was made by
the Custodian :
Provided that the Custodian may, for sufficient reasons to be
recorded, entertain the application even if it is made after the expiry of the
aforesaid period :
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 37
ACT, 2006 (1949 A. D.)
1[Provided further that every application under sub-section (2) shall
be accompanied by an affidavit to the effect that the property claimed is
not subjudice before any court of law having jurisdiction.]
(3) On receiving an application under sub-section (2), the Custodian
shall hold a summary inquiry in the prescribed manner, take such evidence
as may be produced and pass an order, stating the reasons therefor, either
rejecting the application or allowing it wholly or in part.
2[(4) For the purposes of this section Custodian means the Custodian
appointed under section 4 for any Province of the *State.]
9. Powers and duties of the Custodian generally.—(1) 3[Subject to the
provisions of any rules that may be made in this behalf by the Government,
the Custodian may] take such measures as he considers necessary or
expedient for the purpose of administering, 4[imposing], preserving and
managing, any evacuee property 5[and generally for the purpose of enabling
him satisfactorily to discharge any of duties imposed on him by or under
this Act] and may, for any such purpose as aforesaid, do all acts and incur
all expenses necessary or incidental thereto.
(2) Without prejudice to the generality of the provisions contained
in sub-section (1) the Custodian may, for any of the purposes aforesaid—
(a) carry on the business of the evacuee ;
(b) appoint a manager for the property of the evacuee or for
carrying on any business or undertaking of the evacuee and
authorise the manager to exercise any of the powers of the
Custodian under this section ;
(c) enter or authorise any other person to enter on any land or
premises to inspect any evacuee property ;
(d) take all such measures as may be necessary to keep any
evacuee property in good repair ;
(e) complete any building which has vested in him and which
requires to be completed ;
1. Inserted by Act XIX of 1987, s.2.
2. Added ibid.
* Now Union territory of Jammu and Kashmir.
3. Substituted by Act XXVI of 1963.
4. Word “imposing” inserted by Act XXXVI of Svt. 2011
5. Substituted by Act XXIII of Svt. 2007 for “which has vested in him”.
38 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
1[(ee) improve with the previous sanction of the Government any
evacuee property ;
Provided that notwithstanding anything contained in this Act, such
property shall not be restored to the evacuee concerned unless he pays the
cost of the improvements made therein after adjusting the amount that has
accrued to him on account of any income on such property :
Provided further that where such property is land, the Government
may grant him land in exchange or price thereof as may be determined by
the Public Works Department and in the event of exchange, the land granted
in exchange to the evacuee will vest in the evacuee and that formerly owned
by the evacuee will vest in the Government.
Explanation.—“Improvement” means any work by which the value
of the property has been and continues to be increased and
includes amongst other things erection of a building,
renewal or reconstruction of any structure or any alteration
therein or addition thereto as is not of the nature of mere
repairs and directly increase its value, the planting of
trees, the reclaiming, clearing, increasing, levelling or
terracing of land or the construction of works for drainage
of land or for protection of property against floods or from
erosion or from damage by water ;]
(f) require any person to furnish such returns, accounts or other
information in relation to evacuee property and to produce
such documents as the Custodian considers necessary for the
discharging of his duties under this Act ;
(g) take such action as may be necessary for the recovery of any
debt due to the evacuee ;
(h) institute, defend or continue any legal proceedings in any Civil
or Revenue Court on behalf of the evacuee or refer any dispute
between the evacuee and any other person to arbitration or
compromise any claims, debts or liabilities on behalf of the
evacuee ;
(i) raise with the previous sanction of the Government on the
security of the evacuee property such loans as may be
necessary ;
1. Clause (ee) inserted by Act XXXVI of Svt. 2011.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 39
ACT, 2006 (1949 A. D.)
(j) incur any expenditure, including the payment of taxes, duties,
cesses and rates to the Government or to any local authority
or of any amounts due to any employee of the evacuee or of
any debt due by the evacuee to any person ;
(k) pay with previous sanction of the Government to the evacuee
or to any member of his family or to any other person as in
the opinion of the Custodian is entitled thereto any sums of
money 1[out of the funds in his possession ;]
(l) allot in accordance with any rules made in this behalf by the
Government or transfer in any manner whatsoever any evacuee
property, notwithstanding anything contained in any law or
agreement to the contrary relating thereto :
Provided that the Custodian shall not 2[sell or transfer any 3[* *]
property] or any business or other undertaking of the evacuee, except with
the previous approval of the 4[Custodian General] ;
5[(ll) allow any displaced person or an authorised allottee to raise
farm-hut on an area not exceeding three marlas on the evacuee
land alloted to him.
Explanation.—For purposes of this clause the words, “Displaced Persons”
and “evacuee land” shall have the same meaning as in
section 2 of the Jammu and Kashmir Displaced persons
(Permanent Settlement)Act, 1971] ;
(m) invest any money held by him in any of the securities approved
by the Government or in the prescribed manner ;
6[(mm) redeem in accordance with law any property held by a person
as mortagee ;
(n) delegate, by general or special order, all or any of his functions
under this Act to such officers or persons as he thinks fit.
1. Added Act XXIII of Svt. 2007.
2. Substituted by Act XXXII of 1974, s.2.
3. Word “immovable” ommitted by Act XXIII of Svt. 2007.
4. Substituted ibid for “Government”.
5. Inserted by Act XV of 1978, s. 2.
6. Inserted by Act XXVII of 1975, s. 2.
40 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
1[9-A. Prohibition of erection or re-erection of buildings without
permission. ––(1) No person possession or occupying any evacuees’
property 2[x x x] whether as an allottee or otherwise, shall erect or re-erect
any building thereon without the sanction in writing of the Custodian.
(2) Where any building is erected or re-erected without the sanction
referred to in sub-section (1) or in contravention of any condition subject
to which such sanction has been granted, such erected or re-erected portion
of the building shall be deemed to be the evacuee property under this Act
and the person erecting, re-erecting, possessing or occupying the property
whether as an allottee or otherwise shall have no right or claim for the
ownership of such erected or re-erected portion or any compensation in lieu
thereof :
Provided that where any person seeks sanction only for repairs of the
building, the Custodian shall accord sanction within one month from the
date of receipt of the application and if the Custodian fails to accord it
within that period, it shall be deemed to have been accorded.
Explanation.––In this section—
(a) “building” means any shop, house, hut, out-house, shed,
superstructure and stable whether used for the purpose of
human habitation or otherwise and whether of masonry, bricks,
wood, metal or any other material whatever and includes a wall
and a well ;
(b) “erect or re-erect” any building includes—
(i) any material alteration or enlargement of any building,
(ii) the conversion by structural alteration into a place for
human habitation of any building not originally constructed
for human habitation,
(iii) the conversion into more than one place for human
habitation of a building originally constructed as one such
place,
(iv) the conversion of two or more places of human habitation
into a greater number of such places,
1. Inserted by Act XXVII of 1975, s. 3.
2. Omitted by Act XI of 1977, s. 2.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 41
ACT, 2006 (1949 A. D.)
(v) such alteration of a building as affects an alteration in its
drainage or sanitary arrangement or effect its stability,
(vi) the addition of any rooms, buildings, out-houses or other
structures to any building,
(vii) reconstruction of a building or a portion thereof by means
of props commonly known as “Pand Pand” in Kashmir
Valley].
10. Power to vary or cancel leases or allotments of evacuee property. ––
(1) Notwithstanding anything contained in any other law for the time being
in force, the Custodian may cancel any allotment or terminate any lease
or amend the terms of any such lease or of any agreement on which any
evacuee property is held or occupied by any person, whether such
allotment, lease or agreement was granted or entered into before or after
the commencement of this Act :
Provided that no allotment shall be cancelled except as provided for
in the rules framed by the Government in this behalf :
1[Provided further that the Custodian shall not amend, vary or alter
any of the terms of an allotment or lease or agreement involving financial
implications except with the previous approval of the Custodian General.]
(2) Where by reason of any action taken under sub-section (1) any
person has ceased to be entitled to possession of any evacuee property, he
shall on demand by the Custodian surrender possession of such property
to the Custodian or any person 2[duly] authorised by him in this behalf.
(3) if any person fails to surrender possession on demand under sub-
section (2), the Custodian may, notwithstanding anything [to the contrary]
contained in any other law for the time being in force, eject such person
and take possession of such property in the manner provided in section 7.
3[10-A. Revision of Rent. ––(1) If at any time the Government is of
the opinion that it is necessary to revise the rates of rent of evacuee
property so as to make the rent reasonable, it may by rules provide guide-
lines and specific norms in that behalf, and the Custodian shall thereupon
revise the rent of the evacuee property generally or specifically, as he
1. Inserted by Act XXVII of 1975, s. 4.
2. Inserted by Act XXIII of Svt. 2007.
1. Section 10-A inserted by Act III of 1977, s. 2.
42 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
deems fit, after providing to the occupant an opportunity of being heard.
(2) Without prejudice to the generality of the foregoing provision the
rent of any evacuee property shall be assessed and fixed in each case on
the basis of capital cost prevalent in the year of construction of such
property in accordance with the rent norms of the Public works Department
so far as may be practicable :
Provided that in the case of any evacuee property constructed on or
before 15th day of August, 1947, the rent shall be fixed in accordance with
the rent norms of the Public Works Department in the said year, so far as
may be practicable.
Explanation.—For purposes of assessment of rent sub-section (2) the
capital cost shall be the cost of constructing evacuee
property and any capital expenditure incurred after such
construction which have added to or add to accommodation
and involve replacement of the existing type of work for
one of a more expensive character.
(3) Where a vacant evacuee land is alloted to a person, ground rent shall
be payable annually for such land at such rates as may be prescribed :
Provided that where structure has been raised on or after 1st day of
January, 1948, or is raised in future on such land a premium shall also be
payable at such rate as may be prescribed.
Explanation.—Different rates of ground rent and of premium may be
prescribed for the propose for different use of land e.g.
residential, commercial or industrial.
(4) Any rent fixed by the Custodian under this section shall be
payable by the person occupying such property notwithstanding anything
contrary contained in any lease, agreement or any other arrangement
relating thereto, as of the rent so revised was fixed in such lease, agreement
or other arrangement, as the case may be, with effect from the date of such
revision.
(5) If any person occupying any evacuee property refuses or fails to
pay rent at the rate fixed under this section, the Custodian shall in the
manner provided in section 7 evict that person from such property and take
possession thereof.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 43
ACT, 2006 (1949 A. D.)
(6) Notwithstanding anything contained in this Act,—
(a) an appeal against the order of the Custodian under sub-section
(1), shall lie to the Custodian General within a period of 30
days from the date of issue of such order;
(b) the Minister Incharge of the Evacuee Property Department
may, at any time, either on his motion or on application made
to him in this behalf, call for the record of any case in which
the Custodian or Custodian General has passed an order and
may pass such order as he thinks fit.
(7) No court shall have jurisdiction to entertain any suit, proceeding
or application or grant stay or injunction in respect of anything done or
proposed to be done under this section.]
11. Payments to Custodian to be valid discharge.—(1) Any amount
due to any evacuee in respect of any property which has vested in the
Custodian or in respect of any transaction entered into by the evacuee shall
be paid to the Custodian by the person liable to pay the same.
(2) Any payment made otherwise than in accordance with sub-section
(1) shall not be deemed to discharge the person paying it from his
obligation 1[to pay the amount due], and shall not affect the right of the
Custodian to enforce such obligation against 1[any] such person.
12. Expenditure by Custodian how to be recouped.—Subject to the
provisions of section 36, any expenditure incurred by the Custodian in the
exercise of any power conferred by this Act, shall, in relation to any
evacuee property in respect of which 1[it] has been incurred, be a charge
on such property and shall have priority over all other charges on the
property, and such expenditure may be met or recouped by the Custodian
out of the income accruing from such property or the sale proceeds thereof.
13. Maintenance of accounts by Custodian.—(1) The Custodian shall
maintain a separate account of the property of each evacuee of which he
has taken possession, and shall cause to be made therein entries of all
receipts and expenditure in respect thereof.
(2) The accounts shall be maintained in such form and in such manner
as may be prescribed.
1. Inserted by Act XXIII of Svt. 2007.
44 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
(3) The 1[Custodian General] shall cause such accounts to be
inspected and audited at such intervals and by such persons as may be
prescribed.
14. Restoration of property.—(1) The Custodian may, on application
made to him 2[in this behalf in writing] by an evacuee or any person
claiming to be the heir of 3[an evacuee], restore, subject to such terms and
conditions as he may think fit to impose, the evacuee property to which
the evacuee or other person would have been entitled if this Act were not
in force :
Provided that the applicant produces in support of his application a
certificate from the Government or from any person authorised by the
Government in this behalf to the effect that the evacuee property may be
so restored if the applicant is otherwise entitled thereto :
4[Provided further that every application under this sub-section shall
be accompanied by an affidavit to the effect that the property claimed is
not sub judice before any court of law having jurisdiction.]
(2) On receipt of 5[an application under sub-section (1), the
Custodian shall cause public notice thereof to be given in the prescribed
manner and after holding a summary inquiry 6[into the claim] in such
manner as may be prescribed, may—
(i) make a formal order declaring that property shall be restored
to the applicant ; or
(ii) reject the application ; or
(iii) refer the application to a Civil Court for the determination of
his claim and title to the property.
(3) Upon the restoration 7[* * *] of the property to the evacuee or
to any of his heirs, the Custodian shall stand absolved of all responsibilities
in respect of the property so restored, but such restoration shall not
prejudice the rights, if any, in respect of the property which any other
1. Substituted by Act XXIII of Svt. 2007 for “Government”.
2. Substituted ibid for “in this behalf”.
3. Substituted ibid for “such evacuee”.
4. Substituted by Act XIX of 1987, s. 3.
5. Substituted by Act XXIII of Svt. 2007 for “any application”.
6. Substituted ibid for “into the claims”
7. Words “of possession” deleted ibid.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 45
ACT, 2006 (1949 A. D.)
person may be entitled to enforce against the person to whom the property
has been so restored :
Provided that no order for restoration shall be made unless provision
has been made in the prescribed manner for the recovery of any amount due
to the Custodian in respect of the property or the management thereof :
Provided further that every lease granted in respect of the property
by or on behalf of the Custodian shall have effect against the person to
whom restoration is made until such lease is determined by lapse of time
or by operation of law.
(4) The Custodian shall, 1[on demand], furnish to the evacuee or to
his heir, as the case may be, a statement containing an abstract of the
account of the income received and expenditure incurred in respect of the
property.
2[(5) For the purposes of this section “Custodian” means the
Custodian appointed under section 4 for any province of the *State.]
3[14-A. Transfer of property in lieu of evacuee property. ––(1) Where
any evacuee or his heir is entitled to the restoration of any evacuee property
on an application made by him in this behalf 3[under section 14 or where
the claim of any person is  established under section 8] and the Government
or any Officer not below the rank of the Financial Commissioner authorised
by the Government in this behalf, is of the opinion that it is not expedient
or practicable to restore the whole or any part of such property to the
applicant by reason of such property or a part thereof being in the
occupation of a displaced person or otherwise, then, notwithstanding
anything contained in this Act, it shall be lawful for the Government—
(a) to transfer to the applicant in lieu of the evacuee property or any
part thereof, any immovable property belonging to the Government
which, as nearly as may be, of the same value as the evacuee
property, or any part thereof, as the case may be ; or
5[(b) to acquire any land alloted to such displaced person in respect
of which claim has been established under section 8 or 14 of
1. Inserted by Act XXIII of Svt. 2007.
2. Added by Act XlX of 1987, s. 3.
* Now Union territory of Jammu and Kashmir.
3. Section 14-A inserted by Act XlV of 1962.
4. Substituted by Act XXXII of 1974, s. 4.
5. Substituted by Act XIX of 1987, s. 4.
46 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
this Act, by publishing a notification in the 1[Official Gazette]
to the effect that the Government has decided to acquire such
land in pursuance of this section ;
(c) subject to the provisions of section 14-B, on and from the date
of publication of the notification under clause (b), the right,
title and interest of any person in the land shall be extinguished
and the land shall vest absolutely in the Government free from
all encumbrances :
Provided that the displaced person shall continue to be in possession
thereof on the same conditions on which he held it immediately before the
date of the said notification :
Provided further that notwithstanding anything contained in the
2[Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013)], when a
notification under this section is made, it shall be deemed as if notifications
under 3[sections 11 and 19] of the said Act have been made].
(2) Where in pursuance of sub-section (1) any evacuee or his heir has
been granted any immovable property belonging to the Government or the
property of any evacuee has been acquired, his right, title and interest in
such evacuee property shall be deemed to have been extinguished and
vested absolutely in the Government free from all encumbrances and the
displaced person to whom such property stands allotted under valid order,
shall continue to be in possession of such property on the same conditions
on which he held the property immediately before it was vested in the
Government.
(3) Where in pursuance of sub-section (1) an evacuee or his heir has
been granted immovable property in lieu of evacuee property and the
evacuee or his heir has any objection to the evaluation of the property
granted to him in lieu of the evacuee property, he may, within 90 days from
the date of such grant, apply to the Government stating the grounds of his
objection and on receipt of such application the Government shall refer the
matter to the District Judge within whose jurisdiction the property is
situate, for determining the question of evaluation of the property granted
to the applicant.]
1. Substituted for “Government Gazette” by S.O. 3808 dated 26.10.2020.
2. Substituted for “State Land Acquisition Act, Samvat 1990” ibid.
3. Substituted for “sections 4, 6 and 7” ibid.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 47
ACT, 2006 (1949 A. D.)
1[14-B. Compensation for the land acquired under section 14-A.––
(1) Whenever a notification is made under section 14-A, there shall be paid
to the rightful claimant compensation and simple interest thereon at the rate
of 4% per annum from the date of issue of notification till the date of
payment.
(2) For purposes of determination of compensation and interest
thereon the provisions of 2[sections 21, 23, 37, 64, 69 and 76 of the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (30 of 2013)], shall apply.
14-C. Compensation for the land redeemed. ––(1) Any property,
mortgaged with an evacuee and declared as evacuee property, alloted to
a displaced person under valid orders, but redeemed by the mortgagor
under any law for the time being in force, shall continue to remain in
possession with such person on the same conditions on which he held it
before the date of redemption.
(2) Where any property mentioned in sub-section (1) is redeemed by
the owner (mortgagor) thereof, it shall be lawful for the Government
notwithstanding anything in this Act, to—
(a) transfer to the owner, in lieu of the property, any immovable
property belonging to the Government having the same value ;
or
(b) acquire such property by publishing a notification in the
3[Official Gazette] to the effect that the Government has
decided to acquire such land in pursuance of this section.
(3) The provisions of section 14-B of this Act shall apply mutatis-
mutandis in relation to payment of compensation and interest thereon.]
CHAPTER III
Certain Consequences of Property Vesting in Custodian
15. Exemption from attachment, sale etc. ––(1) No property which
has vested in the Custodian shall be liable to attachment, distress or sale
1. Section 14-B and 14-C inserted by Act XIX of 1987, s. 5.
2. Substituted for “sections 9, 9-A, 11, 12, 18, 23, 24 and 31 of the State Land Acquisition Act,
Samvat 1990” by S.O. 3808 (E) dated 26.10.2020.
3. Substituted for “Government Gazette” ibid.
48 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
in execution of a degree or 1[order of a Court or of any other authority],
and no injunction in respect of any 2[such property shall be granted by any
Court or other authority.]
(2) Any attachment or injunction subsisting on the commencement of
this Act in respect of any evacuee property which has vested in the
Custodian shall cease to have effect on such commencement, and any
transfer of such property under the orders of a Court or any other authority
made after such date as may be specified in this behalf by the Government
by notification in the 3[Official Gazette], shall be set aside if an application
is made to such Court or authority by or at the instance of the Custodian
within three months from the commencement of this Act.
16. Occupancy or tenancy right not to be extinguished.––
Notwithstanding anything contained in any other law for the time being in
force, the right of occupancy in any land of an evacuee which has vested
in the Custodian shall not be extinguished, nor shall an evacuee or the
Custodian, whether as an occupancy tentant or a tenant for a fixed term
of any land, be liable to be ejected or deemed to have become so liable
on any ground whatsoever for any default of the Custodian.
CHAPTER IV
Penalties and Procedure
17. Penalty for failure to surrender possession of evacuee
property.–– Any person who fails to comply with a notice or demand by
or on behalf of the Custodian under the provisions of this Act to surrender
possession of any evacuee property shall be punishable with  imprisonment
of either description for a term which may extend to six months, or with
fine, or with both.
4[17-A. Penalty for wrongfully paying or receiving rents, etc. in
respect of evacuee property.—Any person who pays to or receives from
any other person any sum of money in respect of any property which he
knows or has reason to believe to be evacuee property or is likely to be
declared to be evacuee property within the meaning of this Act, shall be
punishable with imprisonment for a term which may extend to six months,
or with fine, or with both :
1. Substituted by Act XXIII of Svt. 2007 for “order of a Court or any other authority.”
2. Substituted ibid for “such property can.”
3. Substituted for “Jammu and Kashmir Government Gazette” by S.O. 3808 (E) dated
26.10.2020.
4. Sections 17-A and 17-B inserted by Act XXIII of Svt. 2007.
STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY) 49
ACT, 2006 (1949 A. D.)
Provided that nothing contained in this section shall apply to render
punishable any payment made to or received by the Custodian.
17-B. Penalty for concealing evacuee property.–– Any person who
wilfully conceals any property which he knows or has reason to believe to
be evacuee property shall be punishable with impressment of either
description which may extend to six months, or with fine, or with both.]
18. Penalty for causing damage to evacuee property.–– Any person
who wilfully destroys or causes damage to any evacuee property or
unlawfully converts to his own use shall be punishable with imprisonment
of either description for a term which may extend to three years, or with
fine, or with both.
19. Penalty for false declaration in certain cases.–– Any person
who—
(i) for the purpose of obtaining an allotment or lease of any
evacuee property, makes a declaration or statement which is
false or which he either knows or has reason to believe to be
false or does not believe to be true, or
(ii) furnishes any return, account or information which is
material to any of the purposes of this Act and which is false
or which he either knows or has reason to believe to be false
or does not believe to be true,
shall be punishable with imprisonment which may extend to three years,
or with fine, or with both.
20. Penalty for offences not expressly provided for.–– Whoever
contravenes any provisions of this Act or of any order made thereunder
or any direction given under this Act or obstructs the lawful exercise of
any power conferred by or under this Act shall, if no express provision is
made by this Act for the punishment of such contravention or obstruction,
be punishable with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
21. Penalty for abetment.–– Whoever abets any of the offences
punishable under this Act shall be punishable with the punishment provided
for the offence.
50 STATE EVACUEES’ (ADMINISTRA TION OF PROPERTY)
ACT, 2006 (1949 A. D.)
22. Offences to be cognizable.–– Notwithstanding anything contained
in the 1[Criminal Procedure Code, 1973 (2 of 1974)], all offences under
this Act shall be cognizable.
23. Cognizance of offences by Courts.–– No Court shall take
cognizance of any offence punishable under this Act, save upon complaint
in writing made by a public servant with the previous sanction of the
Government by general or special order in this behalf.
24. Offences to be tried summarily.–– Any Magistrate empowered
to try in a summary way the offences 

Excerpt shown. Open the full act in Lexace.

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