 the administration of evacuee property (amend- ment) bill, 1959(as introduced in lok sabha on 15th december 1959)  the administration of evacuee property (amendment) bill, 1959 (as introduced 'in loic sabra) a billju1ther to amend the administration of evacuee property act, 1950 be it enacted by parliament in the tenth year of the republic of india as follows: -short title 1 this act may be called the administration of evacuee property (amendment) act, 1959 s 2 in section 8 of the administration of evacuee property act, amcndli'cnt 1950 (hereinafter referred to as the principal act), after sub-section of section 8 (2), the following sub-section shall be inserted and shall be deemed always to have been inserted, namely:-10 is 20 "(2a) without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of custodian in any state shall, notwithstanding any defect in, or the invalidity of, such law or any judgment, decree or order of any court, be deemed for all purposes to have validly vested in that person, as if the provisions of such law had been enacted by parliament and such property shall, on the commencement of this act, be deemed to have been evacuee property declared as such within the meaning of this act and accordingly, any order made or other action taken by the custodian or any other authority in relation to such property shall be deemed to have been validly and lawfully made or taken" 3 in section 10 of the principal act in sub-section (2) aft  clause (0), the following clause shall be inserted, namely:-"(p) acquire any property, whether by way of purchase or otherwise: provided that no such acquisition !iihall be made except with 5 the previous approval of the custodian-general" intertiod of 4 after section 10 of the principal act, the following section shall dew aectiod lea be inserted, namely:-"loa (1) where any person is in arrears of rent in respect of any evacuee property vested in the custodian, the custodian 10 may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order power to remyer rent or damages id respect of evacuee property vested in the cultodian (2) where any person is deemed to be holding any evacuee property on behalf of the custodian under sub-section (4) of section 8, the custodian may, having regard to such principles 15 of assessment of rent as may be prescribed, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed (3) where any person is, or has at any time been, in unauthorised possession of any evacuee property vested in the 20 custodian, the custodian 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 property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the 25 order (4) where any person being in possession of any evacuee property vested in the custodian has caused damage to any such property, the custodian may assess the compensation payable on account of the damage so ceused and may, by order, require that 30 person to pay the compensation within such time and in such instalments as may be specified in the order (5) no order shall be made under sub-section (2) or subsection (3) or sub-section (4), until after the issue of a notice in writing to the person concerned calling upon him to show cause 35 within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the custodian" s in section 27 of the principal act, the following shall be inserted at the end, namely:-explanation amendment of lection 5 ~7· "explanation-the power conferred on the custodian-general under this section may be exercised by him in relation to any property, notwiths~nding that such property has been acquired under section 12 of the displaced persons (compensation and rehabilitation) act, 1954" 6 after section 41 of the principal act, the following section shall inaenio~ of  new aectlon be inserted, namely:-4% 10 "42 the custodian may, for the purpose of securing, adminis- power to tering, preserving and managing any evacuee property and gene- ~~:tio n :relly for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this act, require any person to submit to him such accounts, books or other documents or to furnish to him such information relating to any evacuee property as he may reasonably think necessary" 7 in section 48 of the principal act, in sub-section (3), after the afmen~ent  words "is barred" the words, brackets and figures "or was, at the o~~~ commencement of the administration of evacuee property (amend-20 ment) act, 1956, barred", shall be inserted  91 of 19,68 in section 55 of the principal act, after sub-section (1), the ',,\men~medt following sub-section shall be inserted, namely: _ 0 aectlon s5 "(2) any power exercisable by a state government by virtue of a direction under sub-section (1) may, unless otherwise 25 provided in such direction, be exercised also by such officer or authority as the state government may specify in this behalf" 9 in section 56 of the principal act, -amendment of aec:tlon s6 (a) in sub-section (2), after clause (j), the following clause - shall be inserted, namely:-30 "<ij) the manner in which rent of any property or damage for unauthorised possession of any property may be assessed, and the principles which may be taken into account in assessing such rent or damages"; (b) for sub-section (4), the following sub-section shall be 35 substituted, namely:-ii (4) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter 5 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", certain difficulties are being experienced in the working of the administration of evacuee property act, 1950, and they are hindering the early completion of residual work it is proposed to amend the act suitably to remove these difficulties 2 section 8 of the act was intended to provide for automatic vesting of evacuee property in the custodian where such property had vested in any person exerclslng the powers of custodian under any provincial or state law repealed thereby the validity of such repealed provincial or state law has been questioned in certain high courts it is proposed to make the position clear beyond doubt and to validate such vesting 3 at present there is no specific provision in the act empowering the custodian to determine and recover rent or damages from statutory tenants or unauthorised occupants of ev\1cuee property nor for the recovery of compensation in cases where damage is caused to evacuee property by the occupants it is proposed to insert a new section loa to empower the custodian to determine and recover rent and damages in such cases difficulties are also sometimes experienced where evacuee and non-evacuee interests are inter-mixed and the non-evacuee owners are unwilling or not in a position to purchase the evacuee share in such cases, it is necessary to empower the custodian to purchase non-evacuee property out of the cash balances lying with him or in the evacuee pool section 10 is being suitably amended for the purpose 4 under the existing act, a custodian has no powers to call for any returns, accounts or other information this power is necessary in the interest of better administration and management of evacuee property and a new section 42 is sought to be inserted for the purpose 5 instances have come to notice where some properties were wrongly declared to be evacuee property and they were also acquired to afford relief in such genuine and hard cases, it is necessary to empower the custodian-general under section 27 to restore such property to the non-evacuee owner, even in cases where the property has been acquired under the displaced persons (compensation and rehabilitation) act, 1954 section 27 is being suitably amended for i the purpose 6 when the central government delegates any of its powers to a state government, there is no provision in the existing act enabling the state government to re-delegate the power to any officer or authority subordinate to it it is necessary to empower the state government to do so, particularly in relation to management of evacuee trust properties and section 55 is proposed to be amended suitably for the purpose new delhi; mehr chand khanna the 9th december, 1959  memorandum regarding delegated legislationclausp 9 of the bill seeks to amend section 56 of the act so as to enable the central government to make rules in regard to the principles which may be taken into account in assessing rent or damages lnd the manner in which rent or damages may be assessed these are matters of detail and the delegation of legislative power is thus of a normal character  annexure extracts from the administration of evacuee property act, 1950 (no 31 of 1950) - • - powerlof revision of eu,todian-general 27~ (i) the custodian-general may at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding in which any custodian has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit: provided that the custodian-general shall not pass an order under this sub-section prejudicial to any person without giving him a reasonable opportunity of being heard - - - - - recovery of certain luml ii arreara of land revenue 48 - -  - - (3) for the purposes of this section, a sum shall be deemed to be payable to the custodian, notwithstanding that its recovery is barred by the indian limitation act, 1908, or any other law for the time 9 of 1908• being in force relating to limitation of actions - - - - - power to make rulca 56 - - - - - (4) all rules made under sub-sections (1) and (2) after the commencement of the administration of evacuee property (amendment) act, 1953 shall be laid for not less than fourteen days before parha- 11 of 1953 ment as soon as possible after they are made - - - - - a bill funher to amend the administration evacuee property act, 1950 (shri meltr chand khmma minister of rehabilitation and minority affairs) 