The Haryana Evacuee Properties (Management and Disposal) Act, 2008 (7 of 2008)

HARYA...NA GOVT. GAZ. (EXTRA.), APR. 16, 2008 59

(CFrnR. 27, 1930 SAJKA)

HARY AJ.'(AGOVERNMENT

LEGISLATIVE DEPARTMENT

The 16th April, 2008

No. Leg. 8/2008.-The following Act of the Legislature of the State of

Haryana received the assent of the Governor of Haryana on the 8th Aprii, 2008,

and is hereby published for general information :-

HARYANA ACT NO.7 OF 2008

THE HARY ANA EVACUEE PROPERTIES (MANAGEMENT AND

DISPOSAL) ACT, 2008

AN

to provide for management and disposal of evacuee properties in the State of

Haryana andfor the matters connected therewith and incidental thereto.

BE it enacted by the Legislature of the State of Haryana in the Fifty-ninth

Year of the Republic of India as follows:

1. (1) This Act may be called the Haryana Evacuee Properties (Nl<ulagemen

and Disposal) Act, 2008.

(2) It shall be deemed to have come into force with effect from the

6th September, 2005.

(a) "displaced person means any person 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 in any area

now forming part of West Pakistan, has, after the 1st day of March,

1947, left or been displaced from, his place ofresidence in such

area and who has been subsequently residing in India, and

includes any person who is resident of any place now fomung

part of India and who for that reasons is unable or has bP...en rendered

unable to manage, supervise or control any immovable property

belonging to him in West Pakistan, and also includes the

successors-in interest of any such person;

Short title and

co;nmencemellt.

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60 HARY."'-.NA GOVT. GAZ. (EXTRA.), APR. 16, 2008 
(CHTR. 27, 1930 SAKA) 

(b) "evacuee property" means any evacuee property which has been 
received by t,1.eState Government from the Government of India 
in any manner or has become evacuee by operation of any law, 
rules or orders or any other property described as such in the 
revenu~ record. and inciudes the properties mortgaged by . 
erstwhIle MuslIm evacuee owners in favour of locals or 
vice- versa; 

(c) "family" in relation to a person, means the individual, the wife or 
husband, as the case may be, of such individual and the\l:' 
unmarried minor chi ldren; 

Explanation.-For the purpose of this clause, "minor" means a person 
who has not completed the age of eighteen years; 

Cd) "medical authority" for the purposes of this Act shall have the 
same meaning as assigned to it under clause (p) of section 2 of 
the Persons with Di. abilities (Equal Opportunities, Protection of 
Rights and Full Participation) Act, 1995 (1 of 1996); 

(e) "person with disability" means a person suffering from not less 
than forty percent of any disability as certified by a medical 
authority; 

(f) "prescribed" means prescribed by rules made under this Act; 

(g) "public ·dues" mean use and occupation charges in respect of 
any evacuee property which had remained in unauthorized 
possession of a person and includes charges on account of 
damages to the property; 

(h) "Secretary" means the Secretary to Government, Haryana, 
Rehabilitation Department; 

(i) "State Government" means the Government of the State of 
Haryana; 

(j) "Tehsildar" means Tehsildar (Sales) and includes Naib Tehsildar 
(Sales) I Naib Tehsildar (Rehabilitation) appointed under 
sub-section (1) of section 3; 

(x:) "unauthorized occupant" means a person who is in unauthorized 
occupation of any evacuee property-

(i) where he has, whether before or after the commencement 
of this Act, entered into possession thereof otherwise than 
under and in pursuance of any allotment, lease or grant or 
public auction; or orders of any competent authority; or 

(ii) where he, notwitlis-t.anding anything contained in para (i) 
has, whether before or after the commencement of this 



HARYANAGOVT. GAZ. (ExlRA.), APR. 16, 2008 61

(CfrDR. 27, 1930 SAJ(A)

Act, entered into possession thereof in pursuance of an

order obtained by him by means of fraud, mis-

representation or concealment of any material fact; or

(iii) . where he, being an allottee, lessee, grantee or auction

purchaser, has by reasons of the determination or

cancellation of his allotment, lease, grant or auction in

accordance with the terms in that behalf therein contained,

ceased, whether before or after the commencement of this

Act, to be entitled to occupy or hold such evacuee property;

or

(iv) where he has purchased any evacuee property from an

allottee or leg,,] heir of the allottee, as the case may be,

and entered into possession t..'lereof in pursuance to sale

deed of such property and subsequentJy such allotment

has been cancelled; or

(v) where any person authorized to occupy, any evacuee

property has, whether before or after the commencement

of this Act-

(a) sublet, in contravention of the terms of the allotment,

lease, grant or auction without the permission of the

State Government or of any other authority

competent to permit such subletting, the whole or

any pa.t1: of such evacuee property~ or

(b) otherwise acted in contravention of any of the ierms,

express or implied under which he is authorized to

occupy such evacuee property.

Explanation. For the purposes of sub-clause (a), a

person shall not merely by reason of the fact that he has

paid any rent, be deemed to have entered into possession

as allottee, lessee, grantee or auction-purchaser;

(1) "verified claim" means any claim in lieu of the land left by a

displaced person in West PakistaI! in whose favour any order for

allotment of land has been passed by the Chief Settlement •

Commissioner, Haryana or Secretary under the Displaced Persons

(Compensation and Rehabilitation) Act, 1954 (Central Act 44 of

1954), repealed by the Displaced Persons Claims and Other Laws

Repeal Act, 2005 (Central Act 38 of 2(05), and allotment has

not been made.

3. (1) The State Government shall, by notification in the Official

Gazette, appoint a Chief Commissioner (Sales), as many Commissioners (Sales),

and Tebsildars (Sales) or Naib Tehsildars (Sales)/ Naib Tehsildars (Rehabilitation),

Appointment of

Chief Commis-

sioner (Sales) and

other officers.

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Power to transfer

evacuee property.

62 HARY ANA GOVT. GAZ. (EXTRA.), APR. 16, 2008

(CHTR. 27, 1930 SAKA)

as may be necessary for the purpose of performing the functions assigned to them

by or under this Act.

(2) The Chief Commissioner (Sales) shall have general

superintendence and control over the Commissioners (Sales), Tehsildars (Sales)

and Naib Tehsildars (Sales)/Naib Tehsildars (Rehabilitation) in the State and may

issue necessary directions for carrying out the purposes of this Act .

4. (I) The Tehsildar may transfer, except under clause (d) below, on

such terms and conditions as may be prescribed, any evacuee property with the

prior approval of the State Govermnent,-

(a) by allotment to the displaced persons against their verified

claims;

(b) by sale through public auction;

(c) by sale through auction restricted to the members of the

Scheduled Castes and Backward Classes as notified by the

State Government from time to time on such terms and

conditions as may be prescribed;

(d) by sale through. negotiation to any department of

Government of India, State Government, Boards and

Corporations duly constituted under any law, Panchayati

Raj Institutions or other registered bodies and cooperative

societies registered under any general or special law for a

public purpose, at such price, tenilS and conditions, as the

State Government may, determine by general or special

order;

(e) to tbepersons on the basis of his possession under any policy,

scheme or rules;

(f) to any person with disability on such terms and conditions

as may be prescribed:

Provided that except in the case of allotment under clause (a) and ill

the case of a sale under clause (d), the maximum area that may be transferred to any

person, mcluding the area, if any, already owned by him, shall n'3t exceed five

acres:

Provided further that the saJ.e under clause (d) above, shall be done in

accordance with the Ru.les of Business of the Go\'ernment of Haryana, 1977.

However, the conveyance deed for the transfer of the evacuee property under

clause (d) above shall be issued by the concerned Tehsildar:

Provided further that land in rural area and urban area which is free

from encro hment shall be trans-ferred to the concerned Gram Pancbayat and

concerned Municipal Committee re~-pectively on the terms and conditions as the

State Government may by general or special order direct.
. .

(2) Every Tehsildat selling any evacuee property by public auction

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HARYANA GOVT. GAZ. (EXTRA), APR. 16, 2008 63

(CHTR. 27, 1930 SAKA)

or otherwise under sub-section (1), shall be deemed to be a revenue officer

within the meaning of sub-section (4) of section 89 of the Registration Act, 1908

(XVI of 1908).

5. (1) Where a Tehsildar is satisfied that any person is or has at any Power to recover

time been in unauthorized occupation of any evacuee property or caused damages damages.

to evacuee property in any manner, then, without prejudice to any other action

which may be taken against that person, the Tehsildar may, having regard to such

principles of assessment of damages as may be prescribed, assess the damages on

account of the use and occupation of such evacuee property and may, by order,

require that person to pay the damages within such period and in such installments

as may be specified in the order:

Provided that no order which prejudicially affects any person shall be

passed under this section without giving him a reasonable opportunity of being

heard.

(2) In case the affected person fails to pay such assessed damages,

the same shall be recovered as arrears of land revenue.

6. (1) The Tehsildar may cancel any lease or transfer of any evacuee

property with prior approval of State Government in such manner as may be

prescribed:

Power to cancel

lease or transfer of

any evacuee

property and to

Provided that no lease or transfer shall be cancelled, under this sub- take possession.

section without giving a reasonable opportunity of being heard.

(2) Where any person

(a) has ceased to be entitled to the possession of any evacuee

property by reason of any action taken under sub-section

(1); or

(b) is, in the opinion of the Tehsildar, otherwise in

unauthorized possession of any evacuee property,

he shall, after he has been given a reasonable opportunity of showing cause against

his eviction from such evacuee property, surrender possession of the propelty on

demand being made in this behalf by the Tehsildar.

(3) If any person fails to surrender possession of any evacuee property

on demand made under sub-section (2), the Tehsildar may, eject such person and

take possession of such property and may, for such purpose, use or cause to be used

such force as may be necessary.

7. (1) Any person aggrieved by an order of the Tehsildar under this Act Appeal.

may, within a period of thirty days from the date of the order, prefer an appeal to the

Commissioner (Sales), in such form and manner as may be prescribed:

Provided that the Commissioner (Sales) may entertain an appeal after

the expiry of the said period of thirty days, if he is satisfied that the appellant was

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Certain residuary

powers of State

Government.

64 HARY ANA GOVT. GAZ. (EXTRA.), APR. 16, 2008

(CHTR. 27, 1930 SAKA)

prevented by sufficient cause from filing the appeal within the stipulated period,

but no appeal shall be entertained after the period of ninety days from the date of

such order.

(2) The Commissioner (Sales) after hearing the appeal, may confirm,

vary or reverse the order appealed against or pass such order, as he may deem fit.

8. (1) Any person aggrieved by an order of the Commissioner (Sales)

may, within a period of sixty days from the date of the order, prefer a revision to the

Chief Commissioner (Sales) in such form and manner as may be prescribed:

Provided that the Chief Commissioner (Sales) may entertain the revision

after the expiry of the said period of sixty days, if he is satisfied that the applicant

was prevented by sufficient cause from filing the revision within the stipulated

period, but no revision shall be entertained after one hundred and twenty days

from the date of the order of the Commissioner (Sales).

(2) The Chief Commissioner (Sales) may, after hearing the revision,

confirm, vary or reverse the order under revision or pass such order, as he may

deem fit.

9. The State Government may at any time call for the record of any

proceedings under this Act and may pass such order in relation thereto as in its

opinion the circumstances of the case require and as is not inconsistent with any of

the provisions contained in this Act or the rules made thereunder:

Provided that the powers of State Government under this section shall

be exercised by the Secretary:

Provided further that no order which prejudicially affects the interest

of any person shall be passed under this section without giving him a reasonable

opportunity of being heard.

10. Every officer appointed under this Act shall, for the purpose of making

any enquiry or hearing an appeal or revision under this Act, have the same powers

as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 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 of any public record from any court or office;

(e) any other matter which may be prescribed,

and any proceedings before any such officer shall be deemed to be a judicial

proceeding within the meaning of sections 193 and 228 of the Indian Penal Code,



HARYANA GOVT. GAZ. (EXTRA.), APR. 16, 2008 65

(CHTR. 27, 1930 SAKA)

1860 (Act XLV of 1860) and every such officer shall be deemed to be a civil court

within the meaning of sections 345 and 346 of the Code of Criminal Procedure,

1973 (Act 2 of 1974).

11. The State Government may, by an order in writing at any time, transfer

any case pending before an officer appointed under this Act to another officer and

the officer to whom the case is so transferred may, subject to any special direction

in the order of transfer, proceed from the stage at which it was so transferred.

12. The provisions of this Act and the rules made thereunder shall have

effect notwithstanding anything inconsistent therewith contained in any other

law.

Powers to

transfer cases.

Act to over-ride

other laws.

13. (1) Any person who furnishes false, wrong or incorrect information

or document or evidence in whatsoever manner to any officer appointed under this

Act, shall be punishable with imprisonment for a term which may extend upto one

year or with a minimum fme of two thousand rupees which may extend upto five

thousand rupees or with both.

(2) No court shall take cognizance of any offence punishable under

this Act, save upon a complaint in writing made by an officer, authorized by the

Chief Commissioner (Sales) by any general or special order made in this behalf.

14. (1) Save as otherwise expressly provided in this Act, no civil court Bar of

shall have jurisdiction to entertain any suit or proceeding in respect of any matter, jurisdiction.

which the State Government or any officer appointed under this Act is empowered

by or under this Act to determine, and no injunction shall be granted by any court

or authority in respect of any action taken or to be taken in pursuance of any power

conferred by or under this Act.

(2) No civil court shall have jurisdiction to entertain or adjudicate

upon any question whether any immovable property or any right, title or interest

in such immovable property falls or does not fall within the definition of evacuee

property.

15. No suit or other legal proceeding shall lie against the State Government

or any person appointed under this Act in respect of anything which is done in

good faith or intended to be done in pursuance of the provisions of this Act and

any rules or orders made thereunder.

16. No officer or any member of his family or other persons having any

duty to perform in connection with the valuation or sale of any evacuee property,

or having any official connection with the Rehabilitation Department, Haryana,

shall, either directly or indirectly bid for or otherwise acquire or attempt to acquire

any interest in such property.

17. Every officer appointed under this Act shall be deemed to be a public

servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act XLV

of 1860).

Protection of action

taken in good faith.

Certain persons

not eligible to

purchase property.

Officers to be

public servants.

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66 HARY ANA GOVT. 'JAZ. (EXTRA.), APR. 16, 2008

(CHTR. 27,1930 SAKA)

Non-applicability 18. No person shall be declared as occupancy tenant in respect of any

of Punjab Tenancy evacuee property under the Punjab Tenancy Act, 1887 (Act XVI of 1887).
Act, 1887.

Powers to make

rules.
19. (1) The State Government may, by notification in the Official Gazette,

make rules to carry out the purposes of this Act including management and disposal

of evacuee properties and maintenance of records, as may be necessary from time

to time.

(2) Every rule made under this Act shall be laid, as soon as may be,

after it is made, before the House of the State Legislature, while it is in session ..If

the House agrees in making any modification in the rule or the House agrees that

the rule should not be made, the rule shall thereafter have effect only in such

modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything

previously done under that rule.

20. Anything done or any action taken by the Secretary, Special Secretary,

Joint Secretary, Deputy Secretary or Tehsildar by virtue of the powers delegated

by the Central Government under the Displaced Persons (Compensation and

Rehabilitation) Act, 1954 (Act. XLIV of 1954), repealed by the Displaced Persons

Claims and Other Laws Repeal Act, 2005 (Central Act 38 of 2005), shall be deemed

to have been done or taken under the corresponding provisions of this Act as if this

Act were in force on the date on which such thing was done or action taken.

M. S. SULLAR,

Secretary to Government Haryana,

Legislative Department.