JKSE Act 9

Section 9 · Powers and duties of the Custodian generally

(1)

[Subject to the provisions of any rules that may be made in this behalf by the Government, the Custodian may] [Substituted by Act XXVI of 1963.] take such measures as he considers necessary or expedient for the purposes of administering, [imposing] [Word 'imposing' inserted by Act XXXVI of Svt. 2011], preserving and managing, any evacuee property [and generally for the purpose of enabling him satisfactorily to discharge any of duties imposed on him by or under this Act] [Substituted by Act XXIII of Svt. 2007 for 'which has vested in him'.] and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto.

(2)

Without prejudice to the generality of the provisions contained in sub-section (1) the Custodian may, for any of the purposes aforesaid-

(a)

carry on the business of the evacuee;

(b)

appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section;

(c)

enter or authorise any other person to enter on any land or premises to in aspect any evacuee property;

(d)

take all such measures as may be necessary to keep any evacuee property in good repair;

(e)

complete any building which has vested in him requires to be completed;

(ee)[ improve with the previous sanction of the Government any evacuee property; [Clause (ee) inserted by Act XXXVI of Svt. 2011.]

Provided that notwithstanding contained in this Act, such property shall not be restored to the evacuee concerned unless he pays the cost of the improvements made therein after adjusting the amount that has accrued to him on account of any income on such property.Provided further that where such property is land, the government may grant him land in exchange or price thereof as may be determined by the public works Department and in the event of exchange, the land granted in exchange to the evacuee will vest in the evacuee and that formerly owned by the evacuee will vest in the Government.Explanation. - "Improvement" means any work by which the value of the property has been and continues to be increased and includes amongst other things erection of a building, renewal or reconstruction of any structure or any alteration therein or addition thereto as is not of the nature of mere repairs and directly increase its value, the planting of trees, the reclaiming, clearing, increasing, levelling or terracing of land or the construction of works for drainage of land or for protection of property against floods or from erosion or from damage by water;]

(f)

require any person to furnish such returns, accounts or other information is relation to evacuee property and to produce such documents as the Custodian considers necessary for the discharging of his duties under this Act;

(g)

take such action as may be necessary for the recovery of any debt due to the evacuee; 572

(h)

institute, defend or continue any legal proceedings 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;

(i)

raise with the previous sanction of the Government on the security of the evacuee property such loans as may be necessary;

(j)

incur any expenditure, including the payment of taxes, duties, ceases and rates to the 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;

(k)

pay with previous sanction of the Government to the evacuee or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto any sums of money [out of the funds in his possession;] [Added Act XXIII of Svt. 2007.]

(l)

allot in accordance with any rules made in this behalf by the Government or transfer in any manner whatsoever any evacuee property, notwithstanding anything contained in any law or agreement to the contrary relating thereto :

Provided that the Custodian shall not [sell or transfer any [* *] [Substituted by Act XXXII of 1974. section 2.] property] or any business or other undertaking of the evacuee, except with the previous approval of the [Custodian General; ] [Substituted by Act XXIII of Svt. 2007. for 'Government'.]

(ll)

[ allow any displaced person or an authorised allottee to raise farm-hut on an area not exceeding three marlas on the evacuee land allotted to him. [Inserted by Act XV of 1978. section 2.]

Explanation. - For purposes of this clause the words, "displaced persons" and "evacuee land" shall have the same meaning as in section 2 of the Jammu and Kashmir Displaced persons (Permanent Settlement) Act, 1971;]

(m)

invest any money held by him in any of the securities approved by the Government or in the prescribed manner;

(mm)[ redeem in accordance with law any property held by a person as mortagee;] [Inserted by Act XXVII of 1975, section 2.]

(n)

delegate, by general or special order, all or any of his functions under this Act to such officers or persons as he thinks fit.

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