THE ANDHRA PRADESH ADMINISTRATION OF EVACUEE PROPERTY RULES, 1951

PREAMBLE

In exercise of the powers conferred by Secs.51(1) and 56 (3) of the Administration of Evacuee Property Act, 1950 (Central Act XXXI of 1950) and in supersession of the Madras Administration of Evacuee Property Rules, 1949. His Excellency the Governor of Madras hereby makes the following Rules:

Rule - 1. Short title.--

These rules may be called The Andhra Pradesh Administration of Evacuee Property Rules, 1951.

Rule - 2. Definitions.--

In these rules, unless there is anything repugnant in the subject or context-

(a)      "Custodian-General of Evacuee Property" means the persons appointed as such under Section 5 of the Act;

(b)      "Government" means the Government of Madras;

(c)      "The Act" means the Administration of Evacuee Property Act, 1950 (Central Act XXXI of 1950)

Rule - 3. Conditions of service of the Custodian and other officers.--

The appropriate All-india Service Rules or the General Rules for the Madras State and Subordinate Services, as the case may be, shall apply to the Custodian and other officers appointed under the Act subject to any special contract to the contrary.

Rule - 4. Furnishing of security.--

The Government or the Custodian may require such officers as are entrusted with the receipt, disbursement and custody of money or property under the Act to furnish such security as may be considered adequate.

Rule - 5. Work to be performed by the Custodian and the Deputy and Assistant Custodians.--

(a)      The member of the Board of Revenue, Madras, who is for the time being the Commissioner for Commercial Taxes shall be the Custodian of Evacuee Property in the whole of the State. He shall discharge the duties imposed on the Custodian by or under the Act under the general superintendence and control of the Custodian General of Evacuee property.

(b)      The Collectors of Districts including the City of Madras shall be the Deputy Custodians of Evacuee Property within their respective jurisdictions. The Deputy Custodians shall discharge the duties imposed on them by or under the Act under the general superintendence and control of the Custodian of Evacuee Property, Madras and the Custodian-General of Evacuee Property.

(c)      The Special Deputy Collector appointed in this behalf in the City of Madras and the Revenue Divisional Officers in other districts shall be the Assistant Custodians of Evacuee Property within their jurisdictions. They shall discharge the duties imposed on them by or under the Act under the general superintendence and control of the Deputy Custodians concerned, the Custodian of Evacuee Property, Madras, and the Custodian-General of Evacuee Property.

Rule - 6. Fees payable to the custodian for the management and disposal of any property vested in him and the manner in which such fee shall be paid.--

(a)      A fee equivalent to ten percentum of the gross realisations from any evacuee property shall be collected in cash as the Government's charge for the management of that property. Such fees shall be in addition to the expenses incurred on the maintenance and repairs or other expenditure which may be incurred under the Act in respect of the property. Any special expenditure incurred on behalf of on individual evacuee, e.g., repairs, defence in civil proceedings, storage or auction charges and commission of Rent Collecting Agents (which is comparable to the rebate allowed in Pakistan and some areas in India for prompt payment of rents), will be a further specific charge on the income or capital value of the property of the evacuee, as may be necessary, over and above the ten percentum administration charges.

(b)      When any movable evacuee property is restored under Section 16 of the Act, a fee equivalent to ten percentum of the assessed value of the property shall be collected in case as the Government's charge for its mangement till such restoration and such fee shall be payable over and above other charges which may have been incurred on the maintenance, transport or storage of the property.

Notes.--(1) The fees will be levied from the date on which the properties have been taken over by the Government for management.

(2) The Government of India will contribute the difference between the actual expenditure on the establishment of the Custodian as sanctioned by them and ten percentum of the assessed income from rental of immovable evacuee property as sale proceeds of movable evacuee property in cases where it is not possible for the State Government to recoup the expenditure by appropriating ten percentum of the gross collections from the evacuee properties.