In this Act, unless there is anything repugnant in the subject or context,—
(a) “allotment” means the 1[grant by the Government or the Custodian] or any other person duly authorised by the Custodian in this behalf of a temporary right of use and occupation of any immovable property of an evacuee to any person otherwise than by way of lease ;
2[(aa) “Custodian General” means the Custodian General of evacuee property in the State of Jammu and Kashmir, appointed by the Government under section 3-A ;]
(b) “Custodian” means the Custodian or Custodians for the *State or part thereof and includes any Additional, Deputy or Assistant Custodian of evacuee property appointed for the *State or part thereof ;
(c) “evacuee” means any person,—
(i) 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, leaves or has, on or after the 1st day of March, 1947, left, any place in the *State for any place outside the territories now forming part of India, or
(ii) who is resident in any place now forming part of Pakistan or in any such part of the territory of the 3[Union territory of Jammu and Kashmir] as is under the operational control of the Pakistan Armed Forces, and who for that reason is unable to occupy, supervise or manage in person his property in the *State or whose property in the *State has ceased to be occupied, supervised or managed by any person or is being occupied, supervised or managed by an unauthorised person, or
4[(iii)who has, after the 14th day of August, 1947, acquired by way of allotment or lease or by means of unlawful occupation or other illegal means, any right to, interest in or benefit from any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan or any such part of the territories of the 3[Union territory of Jammu and Kashmir] as is under the operational control of the Pakistan Armed Forces ;]
5[(d) “evacuee property” means any property in which an evacuee has any right or interest (whether personally or has a trustee or as a beneficiary or in any other capacity), and includes any property which has been obtained by any person from an evacuee after the 14th day of August, 1947, by any mode of transfer unless such transfer has been confirmed by the Custodian, but does not include—
(i) any ornaments, any wearing apparel, cooking vessels, or other household effects in the immediate physical possession of an evacuee ;
(ii) any property belonging to a Joint Stock Company, the registered office of which was situated before the 15th day of August, 1947, in any place now forming part of Pakistan or any such part of the territories of the 3[Union territory of Jammu and Kashmir] as is under the operational control of the Pakistan Armed Forces and continues to be so situated after the said date] ;
(e) “Prescribed” means prescribed by rules made under this Act ;
(f) “Property” means property of any kind, and includes any right or interest in such property, but does not include mere right to sue 6[(* * * *)] ;
(g) “unauthorised person” means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the 7[14th day of August], 1947, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian.
(a) “allotment” means the 1[grant by the Government or the Custodian] or any other person duly authorised by the Custodian in this behalf of a temporary right of use and occupation of any immovable property of an evacuee to any person otherwise than by way of lease ;
2[(aa) “Custodian General” means the Custodian General of evacuee property in the State of Jammu and Kashmir, appointed by the Government under section 3-A ;]
(b) “Custodian” means the Custodian or Custodians for the *State or part thereof and includes any Additional, Deputy or Assistant Custodian of evacuee property appointed for the *State or part thereof ;
(c) “evacuee” means any person,—
(i) 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, leaves or has, on or after the 1st day of March, 1947, left, any place in the *State for any place outside the territories now forming part of India, or
(ii) who is resident in any place now forming part of Pakistan or in any such part of the territory of the 3[Union territory of Jammu and Kashmir] as is under the operational control of the Pakistan Armed Forces, and who for that reason is unable to occupy, supervise or manage in person his property in the *State or whose property in the *State has ceased to be occupied, supervised or managed by any person or is being occupied, supervised or managed by an unauthorised person, or
4[(iii)who has, after the 14th day of August, 1947, acquired by way of allotment or lease or by means of unlawful occupation or other illegal means, any right to, interest in or benefit from any property which is treated as evacuee or abandoned property under any law for the time being in force in Pakistan or any such part of the territories of the 3[Union territory of Jammu and Kashmir] as is under the operational control of the Pakistan Armed Forces ;]
5[(d) “evacuee property” means any property in which an evacuee has any right or interest (whether personally or has a trustee or as a beneficiary or in any other capacity), and includes any property which has been obtained by any person from an evacuee after the 14th day of August, 1947, by any mode of transfer unless such transfer has been confirmed by the Custodian, but does not include—
(i) any ornaments, any wearing apparel, cooking vessels, or other household effects in the immediate physical possession of an evacuee ;
(ii) any property belonging to a Joint Stock Company, the registered office of which was situated before the 15th day of August, 1947, in any place now forming part of Pakistan or any such part of the territories of the 3[Union territory of Jammu and Kashmir] as is under the operational control of the Pakistan Armed Forces and continues to be so situated after the said date] ;
(e) “Prescribed” means prescribed by rules made under this Act ;
(f) “Property” means property of any kind, and includes any right or interest in such property, but does not include mere right to sue 6[(* * * *)] ;
(g) “unauthorised person” means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the 7[14th day of August], 1947, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian.
Source footnotes
1. Substituted by Act XXIII of Svt. 2007 for “grant by the Custodian”.2. Clause (aa) interested by Act XXIII of Svt. 2007.
* Now Union territory of Jammu and Kashmir.
3. Substituted for “Jammu and Kashmir State” by S.O. 3808 (E) dated 26.10.2020.
4. Sub-clause (iii) substituted by Act XXIII of Svt. 2007.
5. Clause (d) substituted by Act XXIII of Svt. 2007.
6. Words “or a cash deposit in a Bank” deleted by XXIII of Svt. 2007.
7. Substituted ibid for” 15th day of August”.
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More sections of this act
Section 1 · Short title, extent and commencement.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.Section 6 · Notification of evacuee property.India Code, Government of India. Text fetched 15 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.