Bare ActsThe Goa, Daman and Diu Administration of Evacuee Property Act, 1964

Section 36

Sale of movable or immovable property

Amendment status not verified — confirm the current text below against the official source.

Sale of movable or immovable property.— The Custodian shall dispose of all movable or immovable property which he is empowered to under the Act, by public auction subject to the rules in force, in that behalf in this Union Territory, unless otherwise directed by the Government. 13 These words have been substituted for the words “any Nationalised Bank” vide (Amendment) Rules, 1980, published in the Official Gazette, Series I No. 27 dated 3-10-1980. Manual of Goa Laws (Vol. I) – 66 – Administration of Evacuee Property Act & Rules APPENDIX A FORM No. 1 [See Rule 4(1)] Office of the Custodian of Evacuees’ Property — Notice Dated 196 To Shri … … … Whereas there is credible information in possession of the Custodian that you are an evacuee under clause (b) of Section 2 of the Goa, Daman and Diu Administration of Evacuee Property Act on account of the grounds mentioned below; And whereas it is desirable to hear you in person; Now, therefore, you are hereby called upon to show cause (with all material evidence on which you wish to rely) why orders should not be passed declaring you an evacuee and all your property as evacuee property under the provisions of the said Act. The hearing of our case is fixed before the undersigned in Room No…. on .... 196 at….. Grounds: Acquisition of any right to, interest in or benefit from any evacuee or abandoned property, otherwise than by way of purchase or exchange. Deputy Assistant Custodian —— FORM No. 2 [See Rule 5(2)] Office of the Custodian of Evacuees’ Property Notification Dated 196 .... In pursuance of sub-section (4) of Section 5 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964, the Custodian is pleased to notify for general information the list of the evacuee properties specified in the schedule annexed hereto, which have vested in him. Manual of Goa Laws (Vol. I) – 67 – Administration of Evacuee Property Act & Rules SCHEDULE Serial No. Description Locality Custodian of Evacuees’ Property. _____ FORM No. 3 [See Rule 6(1) Office of the Custodian of Evacuees’ Property Notice under sub-section (3) of Sec. 6 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 Whereas the undermentioned property has vested in the Custodian under Sec. 6 of the Goa, Daman and Diu Administration of the Evacuee Property Act, 1964, I hereby demand that the possession of the said property be surrendered by you to me or to.... authorised by me, by ....failing which you will be evicted from the undermentioned premises, with such force as may be necessary for the purpose. Serial No. Description Locality Custodian of Evacuees’ Property. Dated: To…………………… ………………….…… _____ FORM No. 4 [See Rule 7(1)] Office of the Custodian of Evacuees’ Property — Warrant of Eviction W Warrant of Eviction under Sec. 7 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 Whereas a notice in writing dated…. in which a demand to surrender the possession of undermentioned property was made to..... And whereas he has refused or failed to vacate the said property. Manual of Goa Laws (Vol. I) – 68 – Administration of Evacuee Property Act & Rules Now, therefore, in exercise of the powers vested in me by Section 7 of the said Act, I hereby order that ….. be evicted forthwith from the said property and the same be taken into possession. I also order the use of such force as may be necessary for the propose of eviction and for taking the property into possession. Given under my hand and seal this.... day of .... 196… Serial No. Description Locality Custodian of Evacuees’ Property. —— THE FORM OF THE BOND — FORM No. 5 (See Rule 9) Office of the Custodian of Evacuees’ Property Know all men by these presents that we… (Supurdar) and (Surety) do hereby bind ourselves and each of us, our and each of our heirs, executors and administrators to pay to the President of India on demand the sum of Rs…. Dated this……. day of ….. 196 .... Whereas the above-bounded (Supurdar) has been entrusted by the Custodian of Evacuee Property (hereinafter called the Custodian) with the custody of the property mentioned in the schedule hereunder written. Now the condition of the above-written bond is such that if the above-bounded (Supurdar) shall duly hand over to the Custodian whenever demanded by him, the property, mentioned in the Schedule hereunder written in good order and condition and shall duly account for any loss which the owner of the property may suffer by reason of any default or neglect on his part and shall, until delivery to the Custodian as aforesaid property maintain and take care of the said property and shall obey all orders of the Custodian in respect thereof then and in such case the above-written obligation shall be void and of no effect; otherwise it shall be and remain in full force and virtue. The Schedule referred to... (Supurdar) in the presence of .... Signed and delivered by the above-bounded (Surety) in the presence of... Two witnesses. Manual of Goa Laws (Vol. I) – 69 – Administration of Evacuee Property Act & Rules FORM No. 6 (See Rule 11) Office of the Custodian of Evacuees’ Property Dated /196... Inventory List of properties recovered on.... for the House/Factory/Shop/Garden of ... at.... No. ....Mohalla... . City …. Serial No. Name of properties Description Witnesses: (1) (2) Signature of official recovering the property. Counter-signature of Assistant Deputy Custodian. _____ FORM No. 7 (See Rule 16) ,,Office of the Custodian of Evacuees’ Property Notice Dated....196.... To Shri …. …. …. Whereas there is reliable information in possession of the Custodian that you are an intending evacuee under clause (f) of section 2 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 on account of the grounds mentioned below; And whereas it is desirable to hear you in person; Manual of Goa Laws (Vol. I) – 70 – Administration of Evacuee Property Act & Rules Now, therefore, you are called upon to show cause (with all the material evidence on which you wish to rely) — why orders should not be passed declaring you an intending evacuee under the provisions of the said Act. The hearing of the case is fixed before the undersigned in his office at ... on... Grounds:- You are intending to settle in a place outside India. Deputy Assistant Custodian ———— FORM No. 8 [See Rule 18(4)] Office of the Custodian of Evacuees’ Property To …. …. Whereas the transferor/transferee ... has presented an application dated… to the Custodian for confirmation of the transfer as specified below. You are hereby required to be present on… at… in the office of the Custodian. You may also bring any papers in your possession relevant to the inquiry. Custodian of Evacuees’ Property. PARTICULARS OF TRANSFER FORM No. 9 FORM No. 9 [See Rule 21(2)] [See Rule 21(2)] Custodian of Evacuees’ Custodian of Evacuee Property Property Receipt for payment to Government Dated ….196 …. Dated ... 196 ... Book No. Receipt No…. Book No.... Receipt No… Place Received from Rs….. Rupees Rs…… Rupees On account of …. On account of …. Signature of cashier/official Signature of cashier/official granting receipt. granting receipt. Manual of Goa Laws (Vol. I) – 71 – Administration of Evacuee Property Act & Rules FORM No. 10 [See Rule 21(2)] Office of the Custodian of Evacuees’ Property Book No….. Receipt No…. Place ... Dated... Received from ... Rs…. (Rupees ...) in cash/by cheque on account of rent/lease fee/lease money in respect of ... for … @ Rs.... Previous Receipt No.... Signature Designation ____ FORM No. 11 [See Rule 27 (a)] Register of Immovable Property Sr. No. Locality Municipal House No. Ration House No. Designation of property by name, if any, and by type of building for instance residential bungalow, shop, cinema, theatre, mosque, factory, etc. Name and address of owner Accommodation available, No. and size of rooms, store rooms, verandah, kitchen, bath- room, court yard etc. Present condition of the building 1 2 3 4 5 6 7 8 Site rent, if any, payable by owner of the building Class of accommodation Whether Electricity or water laid on Present occupant (Name and Father’s name or Head of family) Authority of occupation, if any (allotment or confirmation letter with No. and date 9 10 11 12 13 Date of occupation No. of his family members and their Ration Card Nos. their names, ages and relationship to the head Description of present occupation i. e. Business services or other avocation His income from immovable property before he left the territory Name of F.I. who suryeyed Name of Officer who checked 14 15 16 17 18 19 Restoration No. and date of tenancy deed executed Municipal Assessment Assessed Rent (per mensem) Date of application Restored on Remarks 20 21 22 23 24 25 Manual of Goa Laws (Vol. I) – 72 – Administration of Evacuee Property Act & Rules FORM No. 12 [See Rule 27(b)] Register of inventories of Movable Property of….. Address .. Locality ... Value as per report of Deputy Custodian Rs. P. Condition in which taken over Initials Reference to order, if restored or rent on hire or otherwise Reference to Sl. No. in the sale list 1 2 3 4 5 Sale proceeds received No. and date of challan No. and date of receipt Amount Rs. P. Initials Remarks 6 7 8 9 10 ______ FORM No. 13 (See Rule 27-b) Malkhana Labels Name of estate … Date..................... of................... Possession………… Serial No. Register of Valuables .. —— FORM No. 14 (See Rule 27-C) Register of Valuables Serial No. Name of estate Index Register Reference to Register of Movable Property Full particulars of property Date of possession Initial of the incharge Date of disposal How disposed of (in case of sale quota No. and date of receipt) Initials of Incharge Remarks Manual of Goa Laws (Vol. I) – 73 – Administration of Evacuee Property Act & Rules FORM No. 15 [See Rule 32 (1)] Index Register

Section 36 – The Goa, Daman and Diu Administration of Evacuee Property Act, 1964 | DailyLaw.ai