(1) No property which has vested in the Custodian shall be liable to attachment, distress or sale in execution of a degree or 1[order of a Court or of any other authority], and no injunction in respect of any 2[such property shall be granted by any Court or other authority.]
(2) Any attachment or injunction subsisting on the commencement of this Act in respect of any evacuee property which has vested in the Custodian shall cease to have effect on such commencement, and any transfer of such property under the orders of a Court or any other authority made after such date as may be specified in this behalf by the Government by notification in the 3[Official Gazette], shall be set aside if an application is made to such Court or authority by or at the instance of the Custodian within three months from the commencement of this Act.
(2) Any attachment or injunction subsisting on the commencement of this Act in respect of any evacuee property which has vested in the Custodian shall cease to have effect on such commencement, and any transfer of such property under the orders of a Court or any other authority made after such date as may be specified in this behalf by the Government by notification in the 3[Official Gazette], shall be set aside if an application is made to such Court or authority by or at the instance of the Custodian within three months from the commencement of this Act.
Source footnotes
1. Substituted by Act XXIII of Svt. 2007 for “order of a Court or any other authority.”2. Substituted ibid for “such property can.”
3. Substituted for “Jammu and Kashmir Government Gazette” by S.O. 3808 (E) dated 26.10.2020.
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Next · Section 16Occupancy or tenancy right not to be extinguished. →All sections / सभी धाराएँTHE JAMMU AND KASHMIR STATE EVACUEES’ (ADMINISTRATION OF PROPERTY) ACT, 2006 (1949 A. D.) →
More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Act to override other laws.Section 3-A · Appointment of Custodian General and Deputy Custodian General.Section 4 · Custodians and their rights, powers, duties and liabilities, appointment of Custodians, etc.Section 4-A · Appointment of staff.Section 4-B · Powers of the Minister Incharge to make transfers.Section 5 · Vesting of evacuee property in the Custodian.India Code, Government of India. Text fetched 15 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.