Topic: sec 2. Definitions

In this Act, unless the context otherwise requires, -

(a) “Allotment” means the grant by a person duly authorized in this behalf of a right of use of occupation of any immoveable evacuee property to any other person, but does not include a grant by way of lease:

(b) “Custodian-General” means the Custodian-General of Evacuee Property in India appointed by the Central Government under Sec. 5;

(c) “Custodian” means the Custodian for the State, and includes any Additional, Deputy or Assistant Custodian of Evacuee Property appointed in that State:

(d) “Evacuee” means any person, -

(i) Who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances, leaves or has, on or after the 1st day of March, 1947, left, any place in a State for any place outside the territories now forming part of India, or

(ii) Who is resident in any place now forming part of Pakistan and who for that reason is unable to occupy, supervise or manage in person his property in any part of the territories to which this Act extends, or whose property in any part of the said territories has ceased to be occupied, supervised or manage by any person or is being occupied, supervised or managed by an unauthorized person, or

(iii) Who has, after the 14th day of August, 1947, obtained, otherwise than by way of purchase or exchange, any right to, interest in or benefit from any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan, 1[for]

1(iv) Who has, after the 18th day of October, 1949, transferred to Pakistan, without the previous approval of the Custodian, his assets or any part, of his assets situated in any part of the territories to which this Act extends, or

(v) Who has after the 18th day of October, 1949, acquired, if the acquisition has been made in person, by way of purchase or exchange or, if the acquisition has been made by or through a member of his family, in any manner whatsoever, any right to, interest in, or benefit from, any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan.)

2[Explanation I. -For the purposes of sub-clause (iii), the acquisition of any right to, interest in or benefit from any such property as is referred to in that sub-clause by a firm, private limited company or trust of which any person or any member of the family of such person wholly dependent on him for the ordinary necessaries of life is a partner, member or beneficiary, as the case may be, shall be deemed to be an acquisition by that person within the meaning of that sub-clause.

3[Explanation II. - For the purposes of sub-clause (iv), the transfer to Pakistan by any person of any reasonable sum of money in accordance with the rules made in this behalf by the Central Government for the purpose of financing any transaction in the ordinary course of his trade or for the maintenance of any member of the family of such person shall not be deemed to be a transfer of his assets within the meaning of that sub-clause.

Explanation III. -For the purposes of sub-clause (v), the acquisition of any right to, interest in, or benefit from, any such property as is referred to in that sub-clause by a firm, private limited company or trust of which any person is a partner, member or beneficiary, as the case may be, shall be deemed to be an acquisition by that person of such right, interest or benefit within the meaning of that sub-clause;]

(e) 4[* * *]

(f) 5[“Evacuee property” means any property of an evacuee (whether held by him as owner or as a trustee or as a beneficiary or as a tenant or in any other capacity), and includes any property which has been obtained by any person from an evacuee after the 14th day of August, 1947, by any mode of transfer which is not effective by reason of the provisions contained in Sec. 40,] but does not include-

(i) Any ornament and any wearing apparel, cooking vessels or other household effects in the immediate possession of an evacuee,

(ii) Any property belonging to a joint stock company, the registered office of which was situated before the 15th day of August 1947, in any place now forming part of Pakistan and continues to be so situated after the said date;

(g) “Member of the family” means any member of the family of any person who is wholly dependent upon the earnings of such person for the provisions of the ordinary necessaries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns properties or carries on business jointly with such person;

(h) “Prescribed” means prescribed by rule made under this Act;

(i) “Property” means property of any kind, and includes any right or interest in such property;

(j) “Unauthorized person” means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the 14th day of August, 1947, has been occupying, supervising or managing the property of an evacuee without approval of the Custodian.