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THE DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954

Title : THE DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954

Year : 1954

[Act, No. 44 of 1954]
[9th October, 1954]


PREAMBLE

An Act to provide for the payment of compensation and rehabilitation grants to displaced persons and for matters connected therewith.

BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:-



This Act may be called the Displaced Persons (Compensation and Rehabilitation) Act, 1954.



In this Act, unless the context otherwise requires,-

(a) "Compensation pool" means the compensation pool constituted under section 14;

(b) "Displaced person" means any person who, an 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 first day of March, 1947, left, or been displaced from, his place of residence in such area and who has been subsequently residing in India, and includes any person who is resident in any place now forming part of India and who for that reason is unable or has been 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;

(c) "Evacuee property" means any property which has been declared or is deemed to have been declared as evacuee property under the Administration of Evacuee Property Act, 1950 (XXXI of 1950);

(d) "Public dues" in relation to a displaced person, includes-

(i) Arrears of rent in respect of any property allotted or leased to the displaced person by the Central Government or a State Government or the Custodian;

(ii) Any amount recoverable, whether in one lump sum or in installments, from the displaced person on account of loans granted to him by the Central Government or a State Government or the Rehabilitation Finance Administration constituted under the Rehabilitation Finance Administration Act, 1948 (XII of 1948), and any interest on such loans;

(iii) The amount of purchase money or any part thereof and any interest on such amount or part remaining unpaid and recoverable from the displaced person on account of transfer to him 1*["of any property or interest therein by-

(a) The Central Government; or

(b) Any State Government; or

(c) Any body corporate or other authority or person financed by the Central Government or a State Government for the purpose of the acquisition, development or construction of any immovable property for the rehabilitation of displaced persons;";]

2*["(iiia) Any dues payable, whether in one lump sum or in installments, to a co-operative society, registered as such under any law for the time being in force, by the displaced person on account of loans granted to him by the co-operative society, where such loans have been granted out of funds placed at the disposal of the co-operative society by the Central Government or a State Government and such dues have been declared by the Central Government, by notification in the Official Gazette, to be public dues;";]

(iv) Any other dues payable to the Central Government, a State Government or the Custodian which may be declared by the Central Government, by notification in the Official Gazette, to be public dues recoverable from the displaced person;

(e) "Verified claim" means any claim registered under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950) in respect of which a final order has been passed under that Act or under the Displaced Persons (Claims) Supplementary Act, 1954 (12 of 1954) 3 ["and includes any claim registered on or before the 31st day of May, 1953, under the 4 [East Punjab Refugees (Registration of Land Claims Act, 1948] Act, 1948 (East Punjab Act 12 of 1948), or under the Patiala Refugees (Registration of Land Claims) Ordinance, 2004 (Ord.10 of 2004 BK), and verified by any authority appointed for the purpose by the Government of Punjab, the Government of Patiala or the Government of Patiala and East Punjab States Union, as the case may be, which has not been satisfied wholly or partially by the allotment of any evacuee land under the relevant notification specified in section 10 of this Act, but does not include".]-

(i) Any such claim registered in respect of property held in trust for a public purpose of a religious or charitable nature;

(ii) Except in the case of a banking company for the purpose of sub-clause (I) of clause (b) of sub-section (3) of section 6, only-

(a) Any such claim made by or on behalf of any company or association, whether incorporated or not;

(b) Any such claim made by a mortgagee or other person holding a charge or lien on immovable property belonging to a displaced person in West Pakistan;

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

(g) "West Pakistan" means the territories of Pakistan excluding the Province of East Bengal and includes the tribal areas of Tochi and Kurram and such other tribal areas adjoining the North-West Frontier Province as may be specified in this behalf by order of the Central Government;

(h) All other words and expressions used but not defined in this Act and defined in the Administration of Evacuee Property Act, 1950 (XXXI of 1950) have the meanings respectively assigned to them in that Act.

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1. Substituted for "by the Central Government or a State Government of any property or any interest there" by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1956, w.e.f 22-10-1956.

2. Inserted by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1960, w.e.f. 27-02-1960.

3. Substituted for "but does not include" by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1956, w.e.f 22-10-1956.

4. Substituted for "East Punjab Refugees (Registration of Claims) Act, 1948" by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1956, w.e.f 22-10-1956.

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Last updated on August, 2016

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