 the displaced persons (compensation and rehabili- tation) second amendment bill, 1959(as introduced in lok sabha on 15m december, 1959)  bill, 1959 (as introduced in lok sabra,5 44 of 1954 10 amendment of section 3 20 a bill further to amend the displaced penons (compensatio-n and rehabilitation) act, 1954 be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the displaced persons (compensation short title and rehabilitation) second amendment act, 1959  amendment z in section 2 of the displaced persons (compensabon and reha- ot section 2 biiitation) act, 1954 (hereinafter referred to as the principal act), in clause (d), after sub-clause (iii), the following sub-clause shall be inserted, namely:-"(iiia) ~my dues payable, whether in one lump sum or in instalments, to a co-operative society, registered as such under any law for the time being in force, by the displaced person on account of loans granted to him by the co-operative society, where such loans have been granted out of funds placed at the disposal of the co-operative society by the central government or a state government and such dues have been declared by the central government, by notification in the official gazette, to be public dues;" 3 in section 3 of the principal act,-(i) in sub-section (1), for the words "a deputy chief settlemeni commissiojl("r and as many sehlement commissioners", the 'words "and as mnny deputy chief settlement commissioners, settlement commissicmers" shall be substituted; (ii) in sub-section (2), for the words, "the deputy chief settlement commissioner and all settlement commissioners", the words "all deputy chief settlement commissioners, settlement commissioners" shall be substituted ~en~ment 4 in section 19 of the principal act, after sub-section (3), the 5 o 8ecbon 19 following sub-sections shall be inserted, namely:-"(4) where a managing officer or a managing corporation is satisfied that any person, whether by way of allotment or lease, is, or has at any time been, in possession of any evacuee property acquired under this act to which he was not entitled, or which 10 was in excess of that to which he was entitled, under the law under which such allotment or lease was made or granted, then, without prejudice to any other action which may be taken against that person, the managing officer or the managing corporation may, having regard to such principles of assessment of rent as is may be specified in this behalf by the central government, by order, assess the rent payable in respect of such property and that person shall be liabje to pay the rent so assessed for the period for which the property remains or has remained in his possession: r  provided that no such order shall be made without giving to 20 the person concerned a reasonable opportunity of being heard (5) where any person is, or has at any time been, in unauthorised possession of any evacuee property acquired under this act, the managing officer or the managing corporation may, having regard to such principles of assessment of damages as may 25 be specified in this behalf by the centml government, 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 order: 30 provided that no such order shall be made without giving to the person concerned a reasonable opportunity of being heard" ~en4ment 5 in section 20 of the principal act, after sub-section (1), the of secbod 20 following sub-section shall be inserted, namely:-"(la) for the purpose of transferring any property out of 3s the compensation pool under sub-section (i), it shall be lawfuj for the managing officer or the managing corporation to transfer the same to a displaced person jointly with any other person or an association of displaced persons or otherwise" s after section 20a of the principal act, the following section inaertion of new section shall be inserted, namely:-2ob s 31 of 19so 64 of i9si 10 "20b (1) where any person is entitled to the restoration of restrictions   on restoraany property by virtue of an order made by the custodian- tion of general under section 27 of the administration of evacuee pro- certain perty act, 1950, or by the competent officer under the evacuee property interest separation act, 1951, and the central government is of opinion that it is not expedient or practicable to restore the whole or any part of such property to that person by reason of the property or part thereof being in occupation of a displaced person or otherwise, then, notwithstanding anything contained in the said acts or this act, it shall be lawful for the central government-(a) to transfer to that person in lieu of the property to be restored or any part thereof, any immovable property in 15 the compensation pool or any part thereof, being in the opinion of the central government as nearly as may be of the same value as the property to be restored or, as the case may be, any part thereof, or (b) to pay to that person such amount in cash from the 20 compensation pool in lieu of the property to be restored or part thereof, as the central government having regard to the wlue of the property to be restored or part thereof, may in the circumstances deem fit (2) where in pursuance of sub-section (1) any person has 2s been granted any immovable property from the compensation pool or has been paid any amount in cash from the compensation pool, his right, title and interest in the property to be restored shall be deemed to have been extinguished" 7 in section 21 of the principal act, in sub-section (3), after the amendment 30 words "is barred", the words, brackets and figures "or was, at the ofsection 21 commencement of the displaced persons (compensation and reha-86 of 1956 bilitation) amendment act, 1956, barred" shall be inserted 8 in section 26 of the principal act, after sub-section (1), amendment the following sub-section shall be inserted, namely: -of section 26 35 "(1a) every officer appointed under this act may, for the purpose of making an inquiry under this act and generally 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 40 furnish to him such information relating to any evacuee property \lcquired under this act as he may reasonably think necessary" ~ ,t j id section 31 of the principal act, after subllection (4), the of iiicdoa 31• following sub-section shall be inserted, namely:-"(5) if at any time the central government is of opinion that the continued existence of the board is unnecessary, it may, by notification in the official gazette, declare that the board shall 5 be dissolved with effect from such date as may be specified in the notification and the board shall be deemed to be dissolved accordingly" :r=e~~ 14 in section 34 of the principal act, in subpsection (2), for the words "the deputy chief settlement commissioner", the words "a 10 deputy chief settlement commissioner" shall be substituted amendment of kctiod 40 11 in section 40 of the principal act,-(a) in sub-section (2),-(i) after clause (h), the following clause shall be inserted, namely:-is "(hh) the manner in which any dispute as to who are the successors-in-interest of any deceased claimant to a rehabilitation grant or other grant, and as to the apportionment of such grant among persons entitled thereto, may be determined"; 20 (ii) after clause (n), the following clause shall be inserted, namely:-"(nn) the fees payable in respect of appeals, revisions or other applications made under this actj" j (b) for sub-section (3), the following sub-section shall be 25 substituted, namely:-"(3) 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 30 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 have effect only in such modified form or be of no 3s 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" 12 (1) any fees in respect of appeals, revisions or other appli- validation of cations which, before the commencement of this act, have been ~~:n wed levied under the displaced persons (compensation and rehabilitation) act, 1954, shall be deemed to have been validly levied, as if s this act and the amendments made thereby were in force when such fees had been levied (2) no order made, no action taken and nothing done before the commencement of this act by any person exercising the powers of a deputy chief settlement commissioner shall be invalid or shall be 10 deemed ever to have been invalid merely by reason of any defect in, or invalidity of, the appointment of such person and such appointment shall be deemed to have been validly made, as if this ad and the amendments made thereby were in force on the date of such appointment certain difficulties are being experienced in the administration of the displaced persons (compensation and rehabilitation) act, 1954, and they are hindering the smooth working of the compensation scheme and its early completion it is proposed to amend the act suitably to remove these difficulties 2 a large amount of money has been advanced by the central government and state governments to displaced persons through co-operative societies it is considered necessary that these loans should be treated as public dues within the meaning of section 2 (d) of the act so that they may be adjusted against the compensation payable to such persons it is proposed to amend the defiuition of "public dues" suitably for the purpose there have been cases where displaced persons have obtained allotment of excess land by fraudulent means, mis-representation or otherwise it is but proper that these displaced persons should pay rent at an enhanced rate for such excess land, but there is no provision in the existing act for the recovery of such rent there is also no specific provision for the recovery of damages from unauthorised occupants of evacuee property acquired under the act it is proposed to amend section 19 for these purposes 3 instances have come to notice where some properties were wrongly declared to be evacuee property and they were also acquired in such cases, the custodian-general is empowered under section 27 of the administration of evacuee property act, 1950, to restore such property to the non-evacuee owner similarly, a competent officer has also power under the ev'lcuee interest separation act, 1951, to declare a share in a property to be non-evacuee after the whole of it has been declared to be evacuee property and has been acquired it is not sometimes possible to restore the original property to the non-evacuee owner because of its transfer to a displaced person to overcome this difficulty, it is proposed to insert a new section 20b on the lines of section 20a there is no provision in the existing act for the dissolution of the advisory board which has been constituted under section 31 it is considered necessary to empower the central government to dissolve the board when it considers that the continuance of the board is no longer necessary section 31 is proposed to be amended accordingly 4 the present bill also seeks to make some other minor amendments for the removal of certain doubts and difficulties which have arisen in the working of the act mehr chand khanna new delhi; the 9th december, 1959  financial memorandumclause 3 of the bill provides for appointment of more than one deputy chief settlement commissioner in section 3 of the existing act, reference has been made to a deputy chief settlement commissioner in actual practice, three deputy chief settlement commissioners have had to be appointed to cope with the work the extra expenditure which the government had incurred up to the 30th november, 1959 on two additional posts of deputy chief settlement commissioners came to approximately rs 75,000 the recurring expenditure on these two posts would be approximately rs 30,000 per annum  memorandum regarding delegated legislationunder clause 4 of the bill which seeks to amend section 19 of the act, the central government has been empowered to specify the principles of assessment of rent and damages which will be taken into consideration by the managing officer or the managing corporation for such assessment clause 11 of the bill seeks to amend section 40 of the act in order to enable the central government to make rules for the levy of fees in respect of appeals, revisions and other applications these are matters of detail and the delegation of legislative power is thus of a normal character  bilitation) aa:r, 1954 (no 44 of 1954) chapter ii payment of compensation and rehabilitation grants to displaced persons~po~tmcdt 3 (1) the central government may, by notification in the set~~~!nt official gazette, appoint a chief settlement commissioner, a joint 9>mmis-chief settlement commissioner, a deputy chief settlement com-11000r, etc missioner and as many settlement commissioners, additional settlement commissioners, assistant settlement commissioners, settlement officers, assistant settlement officers and managing officers as may be necessary for the purpose of performing the functions assigned to them by or under this act and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this act (2) subject to the provisions of this act, the joint chief settlement commissioner, the deputy chief settlement commissioner and all settlement commissioners, additional settlement commissioners, assistant settlement commissioners, settlement officers, assistant settlement officers and managing officer shall perform the functions assigned to them by or under this act under the general superintendence and control of the chief settlement commissioner - - - 21 - - - recovery of cenainluml  aueano! land reve-due (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 9 of 1908 time being in force, relating to limitation of actions delegation of powers 34 - - - (2) subject to the provisions of this act and of the rules and orders made thereunder, the chief settlement commissioner may, by general or special order, delegate all or any of his powers under this act to the joint chief settlement commissioner, the deputy chief settlement commissioner, a settlement commissioner, an additional settlement commissioner or an assistant settlement commissioner, subject to such conditions, if any, as may be specified in the order - - - power to makerulea 40 - - - (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- - - (3) all rules made under this section shall be laid for not less than thirty days before both houses of parliament, as soon as possible after they are made, and shall be subject to such modifications as parliament may make during the said period of thirty days  - -  a bill further to amend the displaced persons (compensation and rehabilitation) act, 1954 the president has, in pursuance i)f clauses (i) and (3) of article 117 of the con~titution of india, recommended to lok sabha the introduction and consideratimi ofthc bill m n kaul, secretary (shri mehr chand khanna, minister of rehabilitation and minority affairs) 