Amendment status not verified — confirm the current text below against the official source.
Manner of enquiry under Section 5.— (1) Where the Custodian is satisfied from the information in his possession or otherwise that any property or an interest therein is prima facie evacuee property, he shall cause a notice served in Form No. 1 on the person claiming title to be such property or interest and on any other person or persons whom he considers to be interested in the property. (2) The notice shall, as far as practicably, mention the grounds on which the property is sought to be declared as evacuee property and shall specify the provision of the Act under which the person claiming any title to or interest in, such property is alleged to be an evacuee. 1Rule 3 is deleted vide Amendment Rules, 1980, published in Official Gazette, Series I No. 31 dated 30-10-1980. The deleted rule 3 is as follows: “The Custodian shall be a person qualified in law and having experience as a Judicial Officer or as an officer in the Central or any State Government, having experience of rehabilitation work for at least five years.” Manual of Goa Laws (Vol. I) – 52 – Administration of Evacuee Property Act & Rules (3) The notice shall be served personally; but if that is not practicable, the service may be effected in any manner provided in Rule 24. (4) Where a notice has been duly served, and the party called upon to show cause why the property should not be declared as evacuee property, fails to appear on the date fixed for hearing, the Custodian may proceed to hear the matter ex-parte and pass such order on the material before him as he deems fit. (5) Where such party appears and contests the notice, he shall forthwith file a written statement verified in the same manner as a pleading under the Code of Civil Procedure, 1908 stating the reasons why he should not be deemed to be an evacuee and why the property or his interest therein should not be declared as an evacuee property. Any person or persons claiming to be interested in the enquiry or in the property being declared as evacuee property may file a reply to such written statement. The Custodian shall then, either on the same day or any subsequent day to which the hearing may be adjourned, proceed to hear the evidence, if any, which the party claiming to be interested as mentioned above may adduce. (6) After the whole evidence has been duly recorded in a summary manner, the Custodian shall proceed to pronounce his order. The order shall state the points for determination, and the findings thereon with brief reasons.