General2006Jammu and Kashmir Act

The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006

The Jammu and Kashmir State Evacuees’ (Administration of Property) Act, 2006, establishes a legal framework to manage, preserve, and administer immovable and movable property left behind by individuals who migrated from the region during the partition of India in 1947. The Act vests such "evacuee property" in a government-appointed official known as the Custodian. This official is empowered to take possession of, manage, lease, or allot these properties. The law provides mechanisms for the original owners to claim restoration of their property, regulates the rights of current occupants, and sets strict penalties for unauthorized occupation, damage, or concealment of these assets.

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Section 1Short title, extent and commencement.
Section 2Definitions.
Section 3Act to override other laws.
Section 3-AAppointment of Custodian General and Deputy Custodian General.
Section 4Custodians and their rights, powers, duties and liabilities, appointment of Custodians, etc.
Section 4-AAppointment of staff.
Section 4-BPowers of the Minister Incharge to make transfers.
Section 5Vesting of evacuee property in the Custodian.
Section 6Notification of evacuee property.
Section 7Power of Custodian to take possession of evacuee property vested in him.
Section 8Claim by interested persons.
Section 9Powers and duties of the Custodian generally.
Section 9-AProhibition of erection or re-erection of buildings without permission
Section 10Power to vary or cancel leases or allotments of evacuee property.
Section 10-ARevision of Rent.
Section 11Payments to Custodian to be valid discharge.
Section 12Expenditure by Custodian how to be recouped.
Section 13Maintenance of accounts by Custodian.
Section 14Restoration of property.
Section 14-ATransfer of property in lieu of evacuee property.
Section 14-BCompensation for the land acquired under section 14-A.
Section 14-CCompensation for the land redeemed.
Section 15Exemption from attachment, sale, etc.
Section 16Occupancy or tenancy right not to be extinguished.
Section 17Penalty for failure to surrender possession of evacuee property.
Section 17-APenalty for wrongfully paying or receiving rents, etc. in respect of evacuee property.
Section 17-BPenalty for concealing evacuee property.
Section 18Penalty for causing damage to evacuee property.
Section 19Penalty for false declaration in certain cases.
Section 20Penalty for offences not expressly provided for.
Section 21Penalty for abetment.
Section 22Offences to be cognizable.
Section 23Cognizance of offences by Courts.
Section 24Offences to be tried summarily.
Section 25Restriction on transfer by evacuee.
Section 25-ARestriction on transfer of the property.
Section 26Prohibition of transfer of immovable property generally in certain areas.
Section 27Custodian’s right to take possession not affected by death of evacuee, etc.
Section 28Certain officers to be public servants.
Section 29Powers of the Custodian while holding inquiry under this Act.
Section 29-APower of the Custodian to impose penalties.
Section 30Appeal, review and revision.
Section 30-APowers of revision of the Minister Incharge.
Section 31Jurisdiction of Civil Courts barred in certain matters.
Section 32Protection of action taken in goodfaith.
Section 33Recovery of arrears.
Section 34Records to be public documents.
Section 35Notice to the Custodian.
Section 36Fees payable to the Custodian.
Section 37Power to exempt.
Section 38Delegation of Powers.
Section 39Power to make rules.
Section 40Repeal and savings.
Section 41Power of Government to apply Act to other persons.

The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006

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The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006

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