Topic: Section 56. Power to make rules

(1) The Central Government may, by notification in the official Gazette, make rules1 to carry out the purposes of this Act,

(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:

(a) The terms and conditions of service of the Custodian-General;

(b) The manner in which inquiries under this Act may be held:

2[(bb) The transfer by the Custodian of any case pending before any officer subordinate to him or the withdrawal to himself for disposal of any case so pending or the exercise of any similar powers by the Custodian-General in respect of cases pending before any officer subordinate to him;]

(c) The manner in which evacuee properties which have vested in the Custodian may be notified:

(d) The manner in which possession of any evacuee property may be taken by the Custodian;

(e) The manner in which any person claiming any right to, or interest in, any property which has been notified as evacuee property may have his claim registered and disposed of;

(f) The manner in which any attachment may be made by the Custodian;
(g) The manner in which trust properties, which have vested the Custodian, may be administered or otherwise dealt with,

(h) The circumstances in which, and the conditions subject to which the Custodian may sell any immoveable property vested in him, and the procedure governing the grant of leases and the period for which leases may be granted;

(i) The circumstance in which leases and allotments may be cancelled or terminated or the terms of any lease or agreement varied;

(j) The securities in which the Custodian may invest any moneys held by him;

3[(jj) The manner in which rent of any property or damage for unauthorised possession of any property may be assessed, and the principles which may be taken into account in assessing such rent or damages.]

(k) The manner in which any moneys due to the Custodian may be recovered;

(l) The form and manner in which books of accounts and other records shall be maintained by the Custodian;

(n) The form in which any notice under this Act may be issued, the manner of its service and publication and the form in which any demand may be made by the Custodian;

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(o) The nature of case and the circumstances in which and the conditions subject to which certificates for restoration of property under Sec. 16 maybe issued;

(p) The powers vested in a Civil Court, which may be exercised by the Custodian while holding any inquiry under this Act;

5[(q) The manner in which applications for the previous approval of the Custodian may be made under Sec. 40 and the matters which he shall take into account in granting such approval, and the nature of cases and the circumstances in which the Custodian may confirm or refuse to confirm a transfer under that section;]

(r) The form and manner in which and the time within which appeals and applications for revision may be preferred under Chapter V and the fees payable in respect thereof;

6[(s) The terms and conditions of service of the Custodian and other officers appointed under this Act and for the furnishing of security by them];
(t) The work to be performed by the Custodian, and the Additional, Deputy or Assistant Custodian,

(u) The delegation of powers of the Custodian to the Additional, Deputy or Assistant Custodian;

(v) The fees payable to the Custodian for the management and disposal of any property vested in him and the manner in which such fees shall be paid,

(w) The persons by whom and the time at which books of accounts maintained under this Act may be inspected and audited;

(x) Any other matter which has to be or may be prescribed under this Act.
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8[(4) 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 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 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.]

1. For the Administration of Evacuee Property (Central) Rules, 1950, see Gazette of India, Pt. II, Sec. 3, p. 832.

2. Ins. by Act 11 of 1953, Sec. 16.

3. Ins. by Act 1 of 1960, Sec. 8.

4. Omitted by Act 91 of 1956, Sec. 13, for cl. (o) (w.e.f. 22nd October, 1956).

5. Subs. by Act 11 of 1953, Sec. 16.

6. Subs. by Act 91 of 1956. Sec. 13, for Cl. (s) (w.e.f. 22nd October, 1956).

7. Omitted by Sec. 3, ibid. for sub-section (3) (w.e.f. 22nd October, 1956).

8. Subs. by Act 1 of 1960, Sec. 8.