{ "id": 16284, "slug": "goa-daman-and-diu-administration-of-evacuee-property-act-1964", "title": "The Goa, Daman and Diu Administration of Evacuee Property Act, 1964", "short_title": "The Goa, Daman and Diu Administration of Evacuee Property Act, 1964", "act_number": "(No. 6 of 1964)", "act_year": 1964, "act_type": "STATE", "location": "Goa", "law_status": "unknown", "enactment_date": null, "description": "The Goa, Daman and Diu Administration of Evacuee Property Act, 1964", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "[(a) \"agriculture\" includes horticulture and raising of food crops, grass and garden produce but does not include allied pursuits.\n(aa) \"allied pursuits\" means rearing or maintaining plough bulls, breeding of livestock, dairy farming, poultry farming, grazing on grounds reserved for the purpose and such other pursuits connected with agriculture, as may be prescribed;]\n[(\"aaa) \"Custodian\" means the Custodian appointed or deemed to be appointed under section 4, and includes any Deputy or Assistant Custodian of evacuee property;]\n(b) \"evacuee\" means any person [...]\n(i) who, on account of liberation of Goa, Daman and Diu, leaves or has, on or after the relevant date, left Goa, Daman and Diu for any place outside India; or\n(ii) who has after the relevant date transferred to any place outside India, without the previous approval of the Custodian, his assets or any part of his assets situated in Goa, Daman and Diu; or\n(iii) who, during any time before or after the relevant date, has been residing in any place outside India, and who for that reason was or is unable to occupy, supervise or manage in person his property in Goa, Daman and Diu, or whose property has ceased to be occupied, supervised or managed by any person, or is being occupied, supervised or managed by an unauthorised person:\nExplanation I :\nExplanation II :\n[(c) \"evacuee property\" means any property [of an evacuee (whether held by him as owner, or as a trustee or as a beneficiary, or as a tenant or in any other capacity),] and includes any property-\n(i) which has been obtained by any person from an evacuee after the relevant date, by any mode of transfer unless such transfer has been confirmed by the Custodian; or\n(ii) which belongs to an intending evacuee and in respect of which a declaration is made under section 21.]\n(d) \"Goa, Daman and Diu\" means the Union territory of Goa, Daman and Diu;\n(e) \"Government\" means the Government of Goa, Daman and Diu;\n(f) \"intending evacuee\" means any Portuguese national in Goa, Daman and Diu against whom any intention to settle in any place outside India is established from his conduct or from documentary evidence and who is declared as an intending evacuee under section 18;\n[(ff) \"lease\" means a transfer of a right to enjoy land, made orally or in writing, by the evacuee for a specified, or unspecified period, and in consideration of rent;]\n(g) \"member of the family\" of any person means any member of that family who is wholly dependent upon the earning of such person for the provision of the ordinary necessaries of life or who shares with such person in the ordinary expenses of the household to which they jointly belong or who owns property or carries on business jointly with such person;\n[(gg) \"mundkar\" means a mundkar as defined under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act 1 of 1976);]\n(h) \"Official Gazette\" means the Goa, Daman and Diu Government Gazette;\n[(hh) \"person\" includes-\n(i) an individual,\n(ii) a Hindu undivided family,\n(iii) a company,\n(iv) a firm,\n(v) an association of persons or a body of individuals, whether incorporated or not,\n(vi) a local authority, and\n(vii) every artificial juridical person, not falling within any of the preceding sub-clauses;]\n(i) \"prescribed\" means prescribed by rules made under this Act;\n(j) \"property\" means property of any kind and includes any right or interest in such property;\n(k) \"relevant date\" means the sixth day of December, 1961;\n[(kk) \"rent\" means any consideration in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;\n(kkk) \"tenancy\" means the relationship existing between the tenant and the Custodian;\n(kkkk) \"tenant\" means a person who on or after the date of commencement of the Goa Administration of Evacuee Property (Amendment) Act, 1989, hold land and cultivates it personally ['but does not include a successful bidder'] for the purpose of plucking the fruits only;]\n(l) \"unauthorised person\" means any person (whether duly empowered in this behalf by the evacuee or otherwise) who, after the relevant date, has been occupying, supervising or managing the property of an evacuee without the approval of the Custodian [\"but does not include a Mundkar or tenant or deemed purchaser.\"] .\n\"(m) The words, terms and definitions not defined under the Act shall have the same meaning assigned to them under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (Act of 1976).\"\n[3. Act to override other laws.\n[1]\n[2]\n(i) every person who is in occupation, as on the 30th day of June, 2000, of any dwelling house situated on the evacuee property vested in the Custodian under the principal Act.-\n(a) shall be deemed to be a Mundkar of his dwelling house;\n(b) shall be entitled for certificates of purchase in respect of the dwelling house on payment of the price determined in accordance with the provision of the Goa, Daman and Diu Mundkars (Protection of Rights) Act, 1975 (Act No.1 of 1976); and\n(c) shall also be deemed as purchaser of the purposes of the Act; and\n(ii) every person evicted from his dwelling house situated on the evacuee property vested in the Custodian under the principal Act on and from the date of coming into force of this Act and up to the 30th day of June, 2000, shall be entitled to restoration of his dwelling house if he makes an application to the Mamlatdar within one year from the date of coming into force of this Act:\nChapter II\nEvacuee Property and vesting thereof in the Custodian", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "4", "title": "4. Appointment of Custodian, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "5", "title": "5. Declaration as evacuee property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "6", "title": "6. Vesting of evacuee property in the Custodian.", "chapter": null, "content": "(a) in the case of property of an evacuee as defined in sub-clause (i) of [clause (b)] of section 2, from the date on which he leaves or has left any place in Goa, Daman and Diu for any place outside India;\n[(b) in the case of property of an evacuee as defined in sub-clause (ii) of [clause (b)] of section 2, from the date of such transfer] ; and\n(c) in the case of [property of an evacuee] as defined in sub-clause (iii) of [clause (b)] of section 2, from the relevant date.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "7", "title": "7. Power of Custodian to take possession of evacuee property vested in him.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "8", "title": "8. Powers and duties of the Custodian generally.", "chapter": null, "content": "(a) appoint a manager for the property of the evacuee or for carrying on any business or under taking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section;\n(b) enter, or authorise any other person to enter any land or premises to inspect any evacuee property;\n(c) take all such measures as may be necessary to keep any evacuee property in good repair;\n(d) complete any building which has vested in him and which requires to be completed;\n(e) require any person, notwithstanding anything to the contrary contained in any other law for the time being in force relating to the disclosure of any information by a public servant or any other person, to furnish such returns, accounts or other information in relation to any property and to produce such documents in his possession as the Custodian considers necessary for the discharge of his duties under this Act;\n(f) require any banking company to furnish such information as the Custodian may require with respect to remittances made after the relevant date to any such area outside India as may be specified by the Custodian, either generally, or with reference to any person or class of persons;\n(g) take such action as may be necessary for the recovery of any debt due to the evacuee;\n(h) institute, defend or continue any legal proceeding in any civil or revenue court on behalf of the evacuee or refer any dispute between the evacuee and any other person to arbitration or compromise any claims, debts or liabilities on behalf of the evacuee;\n(i) incur any expenditure, including expenditure on the payment of taxes, duties, cesses and rates to Government or to any local authority or of any amounts due to any employee of the evacuee or of any debt due by the evacuee to any person;\n(j) pay to the evacuee, or to any member of his family or to such other person as in the opinion of the Custodian is entitled thereto, any sum of money out of the funds in his possession;\n(k) transfer in any manner whatsoever any evacuee property notwithstanding anything to the contrary contained in any law or agreement relating thereto:\n(l) acquire any non-evacuee interest in evacuee property, whether by way of purchase or otherwise:-\n[(ll) dispose of the claim of co-sharer or partner in any property by purchase of non-evacuee share or by sale of evacuee share, either to the co-sharer or to any other person, or by selling the entire property and distributing the sale proceeds to the claimant according to his share, or by partitioning the property, or take all such measures as he may consider necessary for the purpose of separating the interests of the evacuee from those of the claimants:\n(m) delegate, by general or special order, all or any of his functions under this Act to such officers or persons as may be prescribed.\n[(n) invest any money held by him in such securities as may be prescribed:]", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "9", "title": "9. Power to recover rent or damages in respect of evacuee property vested in the Custodian.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "10", "title": "10. Custodian's right in respect of leases, allotments of possession of evacuee property.", "chapter": null, "content": "(a) has sublet, assigned or otherwise parted with the possession of the whole or any part of the property leased to him; or\n(b) has used or is using such property for a purpose other than that for which it was leased to him; or\n(c) has failed to pay rent in accordance with the terms of the lease.", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "11", "title": "11. Special provisions with respect to transfer of tenancy rights of evacuees.", "chapter": null, "content": "(a) the lease granted by the Custodian shall be deemed to have effect as if granted by the lessor under whom the property was held immediately before the Custodian assumed possession or control thereof and shall continue to have such effect until it is determined by lapse of time or by operation of law;\n(b) all sums realised by the Custodian in respect of the said lease before the date of the declaration referred to in sub-section (1) shall, subject to the deduction of fees, if any, payable to the Custodian, become payable to the lessor against whom the lease has no effect.\n(a) be deemed to empower the Custodian to grant, without the consent in writing of the original lessor or his successor in interest-\n(i) where the original lease is for a specified period, any lease for a period extending beyond the date on which the original lease would have expired; or\n(ii) where the original lease is from year to year or month to month or on any other similar tenure, any lease on a tenure different from that of the original lease.\n(b) render the Custodian liable to any person for any sum in excess of the sum payable to the lessor under clause (b) of sub-section (2); or\n(c) prejudice any rights of the lessor or the lessee, to which he may be entitled under any other law for the time being in force, consistently with the terms and conditions, if any, of the lease granted by the Custodian.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "12", "title": "12. Payments to Custodian to be valid discharge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "13", "title": "13. Recouping of expenditure by Custodian.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "14", "title": "14. Maintenance of accounts by Custodian.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "15", "title": "15. Restoration of evacuee property.", "chapter": null, "content": "(a) if satisfied -\n(i) that the conditions prescribed by rules made in this behalf have been satisfied,\n(ii) that the evacuee property is the property of the applicant, and\n(iii) that it is just or proper that the evacuee property should be restored to him, make an order restoring the property to the applicant, or\n(b) if not so satisfied, reject the application:\n(c) if there is any doubt with respect to the title of the applicant to the property, refer him to a Civil Court for the determination of his title:\nChapter III\nCertain Consequences of Property Vesting in Custodian", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "16", "title": "16. Exemption of evacuee property from process of Court, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "17", "title": "17. Occupancy or tenancy rights not to be extinguished.", "chapter": null, "content": "(a) the evacuee committed after he became an evacuee or within a period of one year immediately preceding the date of his becoming an evacuee; or\n(b) the Custodian.\nChapter IV\nProperty of intending evacuees", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "18", "title": "18. Declaration of a person as intending evacuee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "19", "title": "19. Consequences of declaration that a person is an intending evacuee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "20", "title": "20. Powers of Custodian generally in respect of property of intending evacuees.", "chapter": null, "content": "(a) by order in writing, require any such person to furnish such returns, accounts or other information in relation to any such property and to produce such documents in his possession as the Custodian may require;\n(b) inspect the books of account or other documents maintained by or in the possession of such person;\n(c) pass such orders or direct such action to be taken in relation to any such property as may be considered by him to be necessary;\n(d) by order in writing, prohibit the transfer of any sum of money belonging to any such person or permit such transfer subject to such conditions and restrictions as the Custodian may think fit to impose.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "21", "title": "21. Declaration of property of intending evacuee as evacuee property in certain cases.", "chapter": null, "content": "Chapter V\nAppeals\n[22. Appeals.\n[22A. Appointment of Tribunal.\nChapter VI\nPenalties and Procedure", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "23", "title": "23. Penalty for failure to surrender possession of evacuee property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "24", "title": "24. Penalty for wrongfully paying or receiving rents, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "25", "title": "25. Penalty for concealing evacuee property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "26", "title": "26. Penalty for causing damage to evacuee property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "27", "title": "27. Penalty for false declaration in certain cases.", "chapter": null, "content": "(i) for the purpose of obtaining an allotment or lease of any evacuee property, makes a declaration or statement which is false or which he either knows or has reason to believe to be false, or does not believe to be true, or\n(ii) furnishes any return, account or information which is material to any of the purposes of this Act and which is false or which he either knows or has reason to believe to be false or does not believe to be true, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "28", "title": "28. Penalty for offences not expressly provided for.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "29", "title": "29. Penalty for offences committed by companies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "30", "title": "30. Penalty for abetment.", "chapter": null, "content": "Chapter VII\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "31", "title": "31. Validity of transfers respecting property subsequently declared to be evacuee property.", "chapter": null, "content": "(a) the transaction has not been entered into in good faith or for valuable consideration; or\n(b) the transaction is prohibited under any law for the time being in force; or\n(c) the transaction ought not to be confirmed for any other reason.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "32", "title": "32. Transactions relating to evacuee property void in certain circumstances.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "33", "title": "33. Submission of information to Custodian in respect of evacuee property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "34", "title": "34. Vesting of property in Custodian not affected by the death of evacuee, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "35", "title": "35. Certain officers to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "36", "title": "36. Powers of the Custodian while holding enquiry.", "chapter": null, "content": "(a) enforcing the attendance of any person and examining him on oath;\n(b) compelling the discovery and production of document;\n(c) any prescribed matter; and the enquiry by the Custodian shall be deemed to be a Judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Custodian shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "37", "title": "37. Jurisdiction of Civil Courts barred in certain cases.", "chapter": null, "content": "(a) to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not evacuee property; or\n(b) to question the legality of any action taken by Government [or the tribunal] or the Custodian under this Act; or\n(c) in respect of any matter which Government [or the tribunal] or the Custodian is empowered by or under this Act to determine.", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "38", "title": "38. Protection of action taken in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "39", "title": "39. Recovery of certain sums due.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "40", "title": "40. Record to be public documents.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "41", "title": "41. Notice of suits to the Custodian.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "42", "title": "42. Fees payable to the Custodian.", "chapter": null, "content": "[43. Procedure for prosecution.", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "44", "title": "44. Power of Government to take action with regard to evacuee property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "45", "title": "45. Power to exempt.", "chapter": null, "content": "(ii) Every such order shall be published in the Official Gazette.", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "46", "title": "46. Power to make rules.", "chapter": null, "content": "(a) the manner in which inquiries under this Act may be held;\n(b) the manner in which evacuee properties which have vested in the Custodian may be notified;\n(c) the manner in which possession of any evacuee property may be taken by the Custodian;\n(d) the manner in which any person claiming any right to, or interest in, any property which has been notified as evacuee property may have his claim registered and disposed of;\n(e) the manner in which, any attachment may be made by the Custodian;\n(f) the circumstances in which, and the conditions subject to which, the Custodian may sell any immovable property vested in him, and the procedure governing the grant of leases and the period for which leases may be granted;\n(g) the circumstances in which leases and allotments may be cancelled or terminated or the terms of any lease or agreement varied;\n(h) the manner in which rent of any property or damage for unauthorised possession of any property may be assessed, and the principles which may be taken into account in assessing such rent or damages;\n(i) the manner in which any moneys due to the Custodian may be recovered;\n(j) the form and manner in which books of accounts and other records shall be maintained by the Custodian;\n(k) the form in which any notice under this Act may be issued, the manner of its service and publication and the form in which any demand may be made by the Custodian;\n(l) the nature of cases and the circumstances in which and the conditions subject to which property may be restored under section [\"15\"] .\n(m) the powers vested in a Civil Court which may be exercised by the Custodian while holding any inquiry under this Act;\n(n) the manner in which applications for the previous approval of the Custodian may be made under section 31 and the matter which he shall take into account in granting such approval, and the nature of cases and the circumstances in which the Custodian may confirm or refuse to confirm a transfer under that section;\n(o) the form and manner in which and the time within which appeals may be preferred and the fees payable in respect thereof;\n[(p) the furnishing of security by the Custodian and other officers appointed under the Act ] ;\n(q) the fees payable to the Custodian for the management and disposal of any property vested in him and the manner in which such fees shall be paid, credited or accounted for;\n(r) the person by whom and the time at which books of accounts maintained under this Act may be inspected and audited;\n[(rr) the securities in which the Custodian may invest any moneys held by him;]\n(s) any other matter which has to be or may be prescribed under this Act.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "47", "title": "47. Repeal and Savings.", "chapter": null, "content": "[47A. Power to remove difficulties.", "footnote": "", "is_definition": false, "sort_order": 43 } ], "metadata": { "Act ID": "goa246", "Act Number": "(No. 6 of 1964)", "Enactment Date": "", "Act Year": "1964", "Short Title": "The Goa, Daman and Diu Administration of Evacuee Property Act, 1964", "Type": "STATE", "Location": "Goa" }, "updated_at": "2026-09-29 21:52:45" }