DISPLACED PERSONS (CLAIMS)
SUPPLEMENTARY ACT, 1954 [REPEALED] DISPLACED PERSONS
(CLAIMS) SUPPLEMENTARY ACT, 1954 [Act, No. 12 of 1954] [18th March, 1954] An Act to provide for the disposal of
certain proceedings pending under the Displaced Persons (Claims) Act,
1950 and for matters connected therewith. BE it enacted by Parliament as follows:
- (1)
This
Act may be called the Displaced Persons (Claims) Supplementary Act, 1954. (2)
It
extends to the whole of India except the State of Jammu and Kashmir. In this Act, unless the context
otherwise requires, - (a)
"appointed
day" means the 17th day of May, 1953: (b)
"claim"
means- (i) ???any claim registered under the principal Act
and pending on the appointed day; or (ii) ??any claim submitted to any authority under
the principal Act by any person migrating to India from any tribal area and
pending on the appointed day and includes any application filed on or before
the 12th December, 1952 for setting aside an ex parte order of a Claims Officer
passed under the principal Act and pending on the appointed day if the
application was not, on the date on which it was filed, barred by limitation
under the rules made under the principal Act; (c)
"prescribed"
means prescribed by rules under this Act; (d)
"principal
Act" means the Displaced Persons (Claims) Act, 1950 ; (e)
"tribal
areas" means the tribal areas of hi and Kurram and includes such other
Tribal areas adjoining the North West Frontier Province as may be specified in
this behalf by an order of the Central Government; (f)
"verified
claim" means any claim registered under the principal Act in respect of
which a final order has been passed under the Act; (g)
all
words and expressions used but not defined in this Act and defined in the
principal Act shall have the meanings assigned to them in that Act. (1)
The
Central Government may, by notification in the Official Gazette, appoint a
Chief Settlement Commissioner, a Joint Chief Settlement Commissioner, a Deputy
Chief Settlement Commissioner and as many Settlement Commissioners, Additional
Settlement Commissioners and Settlement Officers as may be necessary for the
purpose of performing the functions assigned to them by or under this Act may,
by general or special order, provide for the distribution or allocation of
worktop be performed by them under this Act. (2)
Subject
to the provisions of this Act, the Joint Chief Settlement Commissioner, the
Deputy Chief Settlement Commissioner and all Settlement Commissioners,
Additional Settlement Commissioners and Settlement Officers shall perform the
functions assigned to them by or under this Act under the general superintendence
and control of the Chief Settlement Commissioner. (1)
Subject
to any rules that may be made under this Act a Settlement Officer shall have
jurisdiction to decide such claims or such classes of claims as may by general
or special order, be transferred to him by the Chief Settlement Commissioner. (2)
A
Settlement Officer shall hold a summary inquiry into the claims transferred to
him and, after taking such evidence and examining such documents as he may
consider necessary pass such orders as he thinks fit in relation to the
verification of the claim and the valuation of such claim. (3)
The
decision of the Settlement Officer shall be final: PROVIDED that the Chief Settlement
Commissioner may call for the record of any case which has been decided by the
Settlement Officer and may make such order in the case as he thinks fit; but no
order varying the decision of the Settlement Officer which prejudicially
affects any person shall be made without giving him an opportunity of being
heard. (1)
Not
withstanding anything contained in the principal Act, the Chief Settlement
Commissioner- (a)
may,
on an application for revision made to him within time by any person aggrieved
by the decision of the Claims Officer, call for the record of the case and make
such order in the case of he thinks fit. (i) ???such application was not barred by
limitation on the appointed day under the rules made under the principal Act
and is filed within one month from the commencement of this Act; or (ii) ??such application had been filed before the
appointed day and was not on the date on which it was filed, barred by
limitation under the rules made under the principal Act; (b)
may,
on his own motion, but subject to any rules that may be made in this behalf,
revise any verified claim and make such order in relation thereto as he thinks
fit. (2)
No
order varying the decision of the Claims Officer or revising any verified claim
which prejudicially affects any person shall be made without giving him an opportunity
of being heard. (1) ??The Chief Settlement Commissioner, the Joint
or Deputy Chief Settlement Commissioner or a Settlement Commissioner, an
Additional Settlement Commissioner or a Settlement Officer shall have the same
powers as are vested in a Civil Court under the Code of Civil Procedure, 1908,
when trying a suit, in respect of the following matters, namely:- (a)
summoning
and enforcing the attendance of any person and examining him on oath; (b)
requiring
the discovery and production of any document: (c)
requisitioning
any public record from any Court or office: (d)
issuing
commissions for the examination of witnesses; (e)
appointing
guardians or next friends of persons who are minors or of unsound mind; (f)
any
other matter which may be prescribed. (2) ??A Settlement Officer may, if he so thinks
fit, and shall, if so required by the Chief Settlement Commissioner, appoint
one or more persons as assessors to advise him in any proceeding before him. The Central Government or the Chief
Settlement Commissioner may, by order in writing at any stage transfer any case
pending before a Settlement Officer to another Settlement Officer and the
Settlement Officer to whom the case is so transferred, may, subject to any
special directions in the order of transfer, proceed from the stage at which it
was transferred. The Chief Settlement Commissioner, the
Joint or Deputy Chief Settlement Commissioner and all Settlement Commissioners,
Additional Settlement Commissioners and Settlement Officers appointed under
this Act shall be deemed to be public servants within the meaning
of section 21 of the Indian Penal Code. No Civil Court shall have jurisdiction
in respect of any matter which the Chief Settlement Commissioner or the
Settlement Officer is empowered by or under this Act to determine, and no
injunction shall be granted by any Court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred by or under
this Act. (1)
The
Central Government may, by genera] or special order, direct that any power
exercisable by it under this Act shall, subject to such conditions, if any as
may be specified in the order, be exercisable also by the Chief Settlement
Commissioner. (2)
Subject
to the provisions of this Act and the rules made there under, the Chief
Settlement Commissioner may delegate all or any of his powers under this Act to
the Joint or Deputy Chief Settlement Commissioner or any Settlement
Commissioner or Additional Settlement Commissioner as may be specified by the
Chief Settlement Commissioner. All proceedings held or decisions made
in relation to the verification of any claim or the valuation of such claim of
any person who has migrated to India from any tribal area purporting to have
been held or made under the principal Act shall, notwithstanding anything
therein contained, be deemed for all purposes to have been validly made under
the principal Act as if that Act were applicable to such persons as it applied
to displaced persons from West Pakistan. (1) ??The Central Government may, by notification
in the Official Gazette, make rules to carry out the purposes of this Act.
Preamble
1 - DISPLACED PERSONS (CLAIMS) SUPPLEMENTARY ACT, 1954PREAMBLE
Section 13 - Repeal of Ordinance 3 of 1954
[Repealed by the Repealing and Amending
Act 1960 (Act 58 of 1960)].
Repealing Act 1 -
DISPLACED PERSONS CLAIMS AND OTHER LAWS REPEAL ACT, 2005
THE DISPLACED PERSONS
CLAIMS AND OTHER LAWS REPEAL ACT,2005
[Act, No. 38 of 2005]
[5th September,2005]
PREAMBLE
An Act to repeal the
Displaced Persons (Claims) Act, 1950 and certain other enactments.
BE it enacted by Parliament in the
Fifty-fifth Year of the Republic of India as follows:--
1. Short Title
This Act may be called the
Displaced Persons Claims and other Laws Repeal Act, 2005.
2. Repeal of enactments
The enactments specified in the
Schedule are hereby repealed.
THE
SCHEDULE
(See
section 2)
REPEAL
OF ENACTMENTS
|
Sl.
No. |
Name
of the Act |
Year |
Act
No. |
|
1. |
The Administration of Evacuee
Property Act |
1950 |
31 |
|
2. |
The Displaced Persons (Claims) Act |
1950 |
44 |
|
3. |
The Evacuee Interest (Separation) Act |
1951 |
64 |
|
4. |
The Displaced Persons (Claims)
Supplementary Act |
1954 |
12 |
|
5. |
The Displaced Persons (Compensation
and Rehabilitation) Act |
1954 |
44 |
Statement of Objects
and Reasons - DISPLACED PERSONS (CLAIMS) SUPPLEMENTARY ACT, 1954
STATEMENT
OF OBJECTS AND REASONS
1.
For
the registration and verification of claims of displaced persons in respect of
immovable property in West Pakistan, the Displaced Persons (Claims) Act, 1950,
was enacted. On the expiry of the Act on the 17th May, 1953, a small number of
claims and some revision petitions were left undisposed of. The Bill enables
disposal of such pending work, and also makes some incidental provisions
regarding revision of orders already passed or which may be passed under the
new law.
2.
A
few hundred claim for immovable property left by persons who migrated from
Tochi, Kurram and certain other tribal areas adjoining the North West Frontier
Province of Pakistan, not admissible under the expired Act, were nevertheless
verified as if the provisions of the Act applied, as these persons migrated in
the same circumstances as those froth the provinces of West Pakistan. The Bill
validates such verification and enables verification of any such claims which
may have remained unverified.