Amendment status not verified — confirm the current text below against the official source.
Restoration of property. - (1) The Custodian may, on application made to him [in this behalf in writing] by an evacuee or any person claiming to be the heir of [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 : [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 [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 [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 [* * *] 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 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, [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. [(5) For the purposes of this section "Custodian" means the Custodian appointed under section 4 for any province of the State.] [14A. 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 [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 possession 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, if the same value as the evacuee property, or any part thereof, as the case may be; or [(b) to acquire any land allotted to such displaced person in respect of which claim has been established under section 8 or 14 of this Act, by publishing a notification in the Government 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 State Land Acquisition Act, Samvat 1990, when a notification under this section is made, it shall be deemed as if notification under sections 4, 6 and 7 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 hold 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 situated, for determining the question of evaluation of the property granted to the applicant.] [14B. 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 section 9, 9-A, 11, 12, 18, 23, 24 and 31 of the State Land Acquisition Act, Samvat 1990, shall apply.