East Punjab Refugees (Registration of Claims) Act, 1948

1944: East Pb. Act VII] REFUGEES (REGISTRATION 159 o OF CLAIMS) 

EAST PUNJAB REFUGEES (REGISTRATION OF 
CLAIMS) ACT,(I948. 
TABLE QF CONTENTS 

Sections. 

1. Short title and extent. 

2. Interpretation. 

3. Appointment of Registrar and other officers. 

4. Registration of Refugee Claims. 
5. Powers. 

6. Records under this Act to be public documents. 

7. Act not to be questioned. 

8. Offences. 

; 9. Procedure 
10. Jurisdiction. 

11. Limitation. 

12. Power to make rules. 

13. Repeal.



1948: East Pb. Act VITL]  ReruGeEs (ReGisTRATION 1 61 
OF CLAIMS) 

'EAST PUNJAB REFUGEES (REGISTRATI 
CLAIMS) ACT, 145, O OF 

East Punjab Act No. VIII of 1948, 

[Received the assent of His Excellency the Governor on the 
1st April, 1948, and was first published in the East Pun- 
jf&?fvermmm Gazette (Extraordinary) of April 3, 

1 z 3 y 

Year | No. Short title Whether repealed or otherwise 
affected by legislation 

1948 vor East Punjab Refugees | Amended in part by the Adaptation 
(Registration of of Laws Order, 1950. 
Claims) Act, 1948 Amended in part by the Aadptation 

Ltz_nivgs(‘l‘hird Amendment) Order 
o 1. 
Amendcd by Punjab Act 25 of 1964.* 
Amended by the Punjab Reorganisation 
(Chandigarh) (Adaptation of Laws 
on State and Concurrent Subjects) 
Order, 1968. 

1. () This Act may be called the East Punjab Re- short title and 

fugees (Registration of Claims) Act, 1948. extent. 

(2) Tt extends to the whole of 3[Union territory of 

Chandigarh]. i 

2. In this Act, unless there is anything repugnant i jaterpretation. 

the subject or context,— 

“claim” means a statement of loss or damage 

@ s(l;lffered by a refugee since the first day of 

March, 1947, in respect of property within the 

territory now comprised in * ¥kax ¥ 

Pakistan; 

(b) “prescribed” means prescribed by rules under 

this Act; 

Gazette 
j d Reasons, see East Punjab Government te 

(Exrra;f.?;rnifi.tfmfgfis";fi:’fg? ;a?or proceedings in Assembly, see East Punjab Legis 

lative Assembly Debates, Volume II, 1948, pages 681—83. 

“For Statemsnt of Objests and Reasons, sec Punjab Government Gazette 
s - —37. 

(Extraordinary), 1964, pages 935 . L . 

3Substituted for the word “Punjab” by ‘geb?i'gz)‘bg[%‘frg%‘é;f'on (Chandigark) 
(Adaptation of Laws on State and Concurrent SUSJ> » 

“The words “the Dominion of” omitted by the Adaptation of Laws  (Third 

Amendment) Order, 1951.



L e 

Appointment 
Registrar and other 
Officers. 

162 REFUGEES (REGISTRATION [1948: East Pb. Act Vi 
OF CLAINS) 

(¢) “property” includes any right or .intereSt in 
moveable or immoveable property, inany shop 
or business establishment or any factory o 
workshop or undertaking or in any debt o 
actionable claim other than a mere right to Sue; 

(d) “refugee” means a person demiciled or ordi- 
narily resident in, or owing _ broperty in, or 
who carried on business within, the territories 
now comprised in* ¥ *1 * ¥ * Pakistan and 
who has, since the first day of March, 1947, left 
or been made to leave his place of residence or 
has abandoned or been made to abandon his 
property or business in the said territories on 
account of civil disturbances or the fear of such 
disturbances or the partition of the country: 
and 

(e) “Registrar” means the Officer appointed by 
the Government for the purpose of registering claims of refugees, and includes a Deputy Registrar of Refugee Claims, and an Assistant Registrar of Refugee Claims. 

3. The ?[Central Government] may, for the collection of information relating to the claims of refugees, appoint a Registrar of Refugee Claims for the *[State] and, ejther by name or designation, one or more Deputy Registrars of Refugee Claims and Assistant Registrars  of Refugee Claims for such local areag as may be specified and may specify the authority to which they may be subject. _ 
L Ame;‘l"jt::emc;rgsn;;lrl‘:ellgsafiinion of” omitted by the Adaptation of Laws (Third *Substituted for the words ‘‘State  Government*’ tion (Chandigarh) (Adaptation of Laws on State an, 1968. 

3Substituted for the worg ‘‘Province” by the Adaptation of Laws Order, 1950. 

by the Punjab Reorganisa- 
d Concurrent Subject Order 

s |



REFUGEES (REGISTRATION [1948: I 
OF CLAIMS) [ ast Pb. Act VIII 163 

4. (I) A refugee may submit to the Regi . t 
prescribed form and supported by an affidasigtlsal;?; Slr,llitc};? 

tmrrtl fq; t}}e {elglztr3t1<1))nkof his claim in respect of his pro 
perty m  ° akistan, lost or ¢ rhel 

or of which he has been deprivesd:Or abandoned by him 

I"rovided that a refugee who has previousl i 
a claim uqder this Acfi or under the E%st Punjgbslgzglgtgzg 
(Registration of Claims) Ordinance No. V of 1948 to any 
other authority in * * * 1% * * Indja competent to 
register such claim shall not submit his claim to the 
Registrar unless he withdraws such previous claim. 

. () The Registrar shall register the claim and main- 
tain such records thereof as may be prescribed : 

Provided that the registration of a claim shall not 
confer on a relugee any right to demand compensation or 
relief from the Government nor shall any liability devolve 
cl)n the Government to compensate him in respect of such 

o0ss. 

Registration of 
refugee Claims. 

5. The Registrar shall have all the powers of a Civil powers. 

Court for the purposes of receiving evidence, attesting 

affidavits, administering oaths, enforcing attendance of wit- 

nesses and compelling the discovery and production of 

documents, and shall be deemed to be a Court within the 

meaning of sections 480 and 482 of the Code of Criminal 

Procedure, Act V of 1898. 

6. All records prepared or registers maintained under Records under this 

this Act or the rules made thereunder shall be deemed to be 

public documents within the meaning of the Indian Evi- 

dence Act (I of 1872) and shall be presumed to be true un- 

til the contrary is proved. 

Act to be public 
documents. 

7. No suit or prosecution or other legal proceedings Act not to be 

shall lie against the ?[Central Government] or the Registrar 

or any person acting under his directions in respect of anyE 

thing done or purporting to have been done in pursuance o 

the provisions of this Act. 

questioned. 

8. Whoever intentionally makes to the Registrar 2 Offences. 

false statement in respect of his claims, shall be deemed to 

have confmitted an ofli)'ence under this Act and shall be liable 

+d by the Adaptation of Laws (Third 

1The words *“The Dominicn of”” cmitt 

Amendment) Order, 1951. oo 
> ” iab Reorganisation 

2Substits for the words “State Government by the Punjal 68 

‘Ch“"fli:m‘h) ‘E:ga;tralio% of Laws on State and Concurrent Subjects) Order, 19



N 
164 REFUGEES (REGISTRATION [1948 : East Ph. A Viq OF CLAIMS) 

to rigorous imprisonment for a term which may extend tq two years or with fine or with both. 

Procedure. 9. No prosccution for any offence punishable under this Act shall be instituted cxcept on a complaint in Writing made by the Registrdr with the previous sanction of the "[Central Government]. 

Jurisdiction, 10. All offences under this_ Act sahll be triable by a *[Judicial Magistratc] of the First Class in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898). 

Limitation, 11. () The ![Central Govermnent] may, by notifi- cation in the officia] Gazette, fix a date being not less than thirty days from the date of the notification as the last date by which applicationg under section 4 shall be received by the Registrar. 

(2) The [Centa] Government] may extend this date from time to time, 
Power to make . 12. (I) The 1[Central Government] ma tion make such 3ryleg 4s appear to it to expedient for putting into effect the provisi 

¥ by notifica- 
be necessary or 
ons of this Act, (2) Without prejudice to t conferred by sub-section (D), th 

Act 
urposes of this 

presgfia?:nforms of applicationg and the mode of thejr 

(d) the forms and the manner ip which the registers 
and other records shall be Maintained ; 

3Substituted for the words 
. Egs 

(Chandigarh) (Adpatation of Laws on State anq Coneurféé?"s};%‘}éiz) %fiu. Igzgm 
8istrate’ by Punjap Act XXV of 1964. i (A) J48-Reh-6402, dated 19th May 1948, pp, 417—423. 'Jab Government Gazette (Extraordinary), dated 241h May



1948 : East Pb. Act VIII] REFUGEES (REGISTRATION 165 
OF CLAIMS) 

(e) the distribution or allocation of the work to be 
erformed by the Registrar, the Deputy Regi 

I?Assistant Registrars, ;and S SRS Aud the 

(f) the supply of copies of the record: intai 
under this Act and the fees leviable therefor,  maintained 

13. The East Punjab Refugess (Registration of Repeal. 
Claims) Ordinance No. V of 1948 is hereby repealed, and 
any rules made or notifications issued, anything done, any 
action taken in exercise of any powers conferred by or 
under the said Ordinance, shall be deemed to have been 
made, issued, done or taken in exercise of the powers con- 

ferred by or under this Act as if this Act had come into 

force on the 27th day of January, 1948.