Revenue Department - Evacuee Property  

DESCRIPTION:

                                 The Administration of Evacuee Property Act of 1950
                                 The Evacuee Interest (Separation) Act of 1950
                                 The displaced persons (compensation & Rehabilitation) Act of 1954

The following important Acts enacted to deal with the administration allotment and disposal of Evacuee Properties/acquired under Central Pool properties.

I. The Administration of Evacuee Property Act of 1950 (Act No.31 of 1950)

II. The Evacuee Interest (Separation) Act of 1950 (Act No. LXIV of 1951).

III. The displaced persons (compensation & Rehabilitation) Act of 1954 (Act No.44 of   1954).

* * * *

All the above three Acts are Central Acts and deal with the transfer of residuary Evacuee Property work tofe State Government in the year 1980, the Central Government used to deal with Evacuee Properties directly bough the local officers namely the Collectors and Tahsildars.

THE ADMINISTRATION OF EVACUEE PROPERTY ACT 1950 (ACT NO. 31 OF 1950).

This is an Act enacted to provide for the Administration of Evacuee Property and for certain matters connected therewith.

Before enactment of this Act, there were various ordinances existing to deal with the subject.

On the representation of the various provincial Governments the Constituents Assembly of India passed an Act, called the Government of India (Third Amendment Act IV of 1949) which was passed on 24.8.1949. As a result of the said amendment, the Governor General Promulgated and ordinance in 1949 which came into force with effect from J 8. ] 0. ] 949, repealing all previous Provincial Acts and Ordinances and extended to all Provinces of India except Assam and West Bengal, and the said Ordinance was replaced by the present Act i.e., Administration of Evacuee Property Act 1950 which came into force on 17.4.1950. The Act extents to the whole of India except the States of Assam, West Bengal, Tripura, Manipur, Jammu and Kashmir.

Subsequently this Act was further amended by the Amendment Act LXVI of ] 950, XXII of 1951 and XI of 1953 which cameinto force on7.12.1950, 28.4.1951 and 9.4.1953.

Before transfer of residuary Evacuee Property work to State Government, the Central Government used lo deal with fhe Evacuee Properties directly through the Local officers i.e,., Collector & Jahsildars. Even now the Custodian General under fhe Act is an Officer of Central Government.

After transfer of residuary evacuee property work, the following Officers of the State Government have been nominated under the above enactment.

1. Commissioner of Land Administration

Deputy Custodian General of Evacuee Property of the State

Govt. of India Notification No. l(10)Spl.Cenil/80 88-ll(B)dt. 2.9. 1986.

2. Commissioner of Land Administration

Powers of Custodian General U/s 24,17,10(2)(D) of Administration of Evacuee Property Act under Rule 80-a of AEP Rules 1950.

Govt. of India notification No. l(10)Spl. Cell 80-88 Il(b)dt.2.9.1g86.

3. Secy. To CCLA

Custodian of Evacuee Property for the State

Govt.of India Notification No.l(10)Spl.Cell/80-SS ll(a)dt. 2.9.1 986.

4. Joint Collector of the District.

Deputy Custodian within the District.

Govt.of India Notification No.l(10)Spl.Cell 80SS-ll(ii), Dt. 23.6. 1980.

5. Sub Collector (or) Revenue Divisional Officer.

Asst. Custodian in the respective division.

Govt.of India Notification No.l(l)Spl.Cell80-SS II (i),Dt. 23.6.1 980.

This Act deals with the declaration of properties belonging to the evacue who left for Pakistan prior to 1st March, 1947 or who acquired any interest in the properties in Pakistan after 14.8.1947 or who transferred their assets or properties after 18.10.1949 without prior approval of the Government of India or who after 18.10.1949 acquired any property or interest, right etc., in any property treated as Evacuee Property in Pakistan. Declaration of the persons migrated to Pakistan as Evacuees and their properties as Evacuee Properties was done by the Collectors of the respective districts during the year 1950-51. The Asst. Custodian, Deputy Custodian, Custodian, Deputy Custodian General and Custodian General function under this Act. Their functions are of quasi-judicial nature.

This Act mainly deals with securing, administering preserving and managing the evacuee properties.

Any person aggrieved by an order made U/s 7, Section 40 or Section 48 may prefer an appeal to the Custodian General / Chief Commissioner of Land Admn., U/s 24(b) of AEP Act.

The Custodian General may at any time either on his own motion or an application made to him in their 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 propriety of any such order and may pass such order in relation there to as he thinks fit U/s 27 of the AEP Act 1950.

2. THE EVACUEE INTEREST (SEPARATION) ACT 1951 IACT NO. LXIV OF 1951).

This Act lays down the procedure relating to Separation of Evacue Interest in composite properties. A composite property is that property wherein evacue has a share alongwith others who are not evacues. The functions under this Act are all judicial and the Revenue Officers in the State have no powers under this Act. However, the Act contemplates to appoint a Competent Officer and an Appellate Officer to deal with these cases U/s 4 and 13 of the Act.

The Government vide G.O.Ms.No. 945, dt. 4.7.1983 appointed S/Sri N.Rajanna and R.A. Hiraman Singh as Competent Officer and Appellate Officer respectively. Competent Officer worked for the period from 26.5.1983 to 31.12.1985 and the Appellate Officer from 11.8.83 to 30.9.1984. Subsequently, the State Govt., have appointed the Vfh Addl. Judge of City Civil Court as Competent Officer & Retired Judge of City Civil Court as a Appellate Officer vide G.O.Ms.No.1973 Revenue (P) Dept., Dt. 22.09.1981 to deal with these cases.

3. DISPLACED PERSONS (COMPENSATION AND REHABILITATION) (ACT 1954 NO. 44 OF 1954).

This act provides for appointment of various authorities in the Settlement Organization, constitution of

 

Compensation Pool, payment of compensation and Rehabilitation grants to the Displaced Persons and disposal of pool properties. This act also provides for appeals Revisions and other related matters, Rules under this Act were issued by the Government of India i.e., Displaced Persons (C&R) Rules, 1955. Under this Act and Rules action has lo be taken for the Settlement of verified claims of the displaced persons and disposal of pool properties now transferred to the state Government by the Government of India. The Tahsildar will be the Managing Officer who is mainly responsible for the management of the property.

The following State Officers have been nominated to discharge their duties under this Act.

1.Secretary to Government, Revenue Department

Powers of the Chief Settlement Commissioner U/s 33 of the Act.

Govt. of India Notification No. 1(10) Spl. Cenll/80 SS-II(VIII) dt. 23.6.1 980.

2. Chief Commissioner of Land Administration.

Powers of the Chief Settlement Commn. U/s 23, 24 and 28 of the Act

Govt. of India notification No.l(10)Spl.Cell80-SS II (VII) dt.23.6.80

I. Chief Commissioner of Land Administration

Settlement Commissioner for entire State.

Govt. of India Notification No.l(10) Spl. Cell/80-SS II(VI) df. 23.6.80.

4. Joint Collector of the District.

Settlement Commissioner (Within the District)

Govt. of India Notification No. 1(10) Spl. Cell 80-SS-IKV), Dt. 23.6. 1950.

5. Tahsildars (Mandal Revenue Officers)

Managing Officers within the District.

Govt.of India Notification No. 1(10) Spl. Cell 80-SS-ll(iv), Dt. 23.6.1 980.

GOVERNMENT LEVEL:

1. Certain residuary powers of Central Govt., have been delegated to the State Govt., U/s 33 of the Displaced persons (Compensation & Rehabilitation) act 1954 at item (1). According to the delegation of powers, the state may at any time exercise powers to call for the record of any proceeding under this Act and may pass such order in relation thefe to as in its opinion the circumstances of the case require and as is not in consistent with any of the provisions contained in this Act or the rules made there under.

2. CCLA LEVEL:

i) The Chief Commissioner of Land Administration / Custodian General may exercise powers in regard to the transfer to the applicant in lieu of the evacuee property or any part thereof, any immovable property in the compensation pool or any part thereof, being in the opinion of the Central Govt., as nearly as may be of the same value as the Evacuee Property or as the case may be any part thereof (or) to pay to the applicant such amount or part thereof as the Central Govt., having regard to the value of the Evacuee Property or part thereof may in the Circumstances deem fit U/s 20-A(a&b) of the Displaced Persons (Compensation & Rehabilitation) Act 1954.

ii) The CCLA / Custodian General may exercise powers under section 22,23,24 of the D.P (C&R) Act 1954 under the following synopsis, after the expiry of (30) days.

1.

Cancellation of Sale Certificate.

Ul 23of D.P(C&R) Act 1954.

2.

Indecisive Auction.

 

3.

Defective Auction.

 

1 . Allotment

Ul 24of D.P(C&R) Act 1954.

2. Allotment of Excess area

3. Bonafide purchasers

4. Cancellation of allotment

5. Cancellation of permanent rights

6. Cancellation of sale

7. Contrary view

8. Challenge of allotment

9. Exercise of Revisiona! powers

1 0. Exercise of Suo, moto powers

1 1 . Limitation

12. Permanent rights

13. Power of cancellation

14. Power of CSC

1 5. Words at any time

ii) The CCLA/Custodian General / Govt., may exercise powers by order in writing at any time transfer any case pending before an Officer appointed under this Act to another Officer and the Officer to whom the case is so transferred may subject to any special direction in the order of transfer, proceed from the State at which it was so transferred U/s 28 of the DP (C&A) Act 1954.

As soon as the transfer of residuary Evacuee Property work to the State Govt., in the year 1980, the then Commissioner, Survey settlement & Land Records, A.P. Hyderabad issued (5) Circular Instructions vide Circular No. EPI/161/80, Dt. 6.11.1981 to all the Collectors / Custodians in the State for their guidance and following the instructions scrupulously in dealing with the E.P. cases.

The gists of the circular instructions are narrated as under.

Circular- 1

Description of the AEP Act 1950 / Evacuee Interest (Separation) Act 1950/ Displaced Persons (Compensation & Rehabilitation) Act 1954 Delegation of powers to the various Officers to deal with the E.P. Cases Communication of Head of Account for both receipts & expenditure incurred in Evacuee Property.

Circular- II

Instructions issued to all the Collectors in the State to furnish the Gazette copies in the Evacuee Properties are declared and published in their jurisdiction, with reference to the enue records.

Circular- III

Instructions issued to all the Collectors in the State towards expenditure of incidental charges requires (or maintenance and disposal of Evacuee Properties and Communication of Major Head to ensure remittance of rental lease /sale proceeds on account of all Evacuee Properties.

Circular- IV

Instructions issued to all the Collectors in the State to negotiate with the Govt., Departments and Statutory, Local Bodies, Educational Institutions, wherever they occupied the E.P. lands for its disposal.

Circular - V

Guidelines were issued to all the Collectors in the State to dispose of the Evacuee Property lands to the local ryots or non-evacuee shareholders incase of composite properties or un-authorized people/ tenants etc., and put to public auction.

The Evacuee Properties are existing in the following districts in the State.

  1. Hyderabad
  2. 2. Rangareddy
  3. 3.Nalgonda
  4. Khammam
  5. 5.Nizamabud
  6. Karimnagar
  7. Warangal
  8. Adilabad
  9. Medak
  10. Mahaboobnagar
  11. Krishna
  12. Kurnool
  13. Guntur
  14. Prakasham
  15. West Godavari

The properties existing in the Andhra Areas have been disposed off long back and at present the Evacuee Properties cases are existing only in Telangana Area and the Evacuee Property cases are being reviewed in every month by the CCLA.