THE DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954
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THE DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954
Title : THE DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954
Year : 1954
The Central Government or the Chief Settlement Commissioner may, by order in writing at any time, transfer any case pending before an officer appointed under this Act to another officer and the officer to whom the case is so transferred may, subject to any special direction in the order of transfer, proceed from the stage at which it was so transferred.
(1) Where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified under sub-section (2), which is transferred to another person under the provisions of this Act, then, notwithstanding anything contained in any other law, such person shall, without prejudice to any other right which he may have in the property, be deemed to be a tenant of the transferee on the same terms and conditions as to payment of rent or otherwise on which he held the property immediately before the transfer :
Provided that notwithstanding anything contained in any such terms and conditions, no such person shall be liable to be ejected from the property during such period not exceeding two years as may be prescribed in respect of that class of property, except on any of the following grounds, namely :-
(a) That he has neither paid nor tendered the whole amount of arrears of rent due after the date of the transfer within one month of the date on which a notice of demand has been served on him by the transferee in the manner provided in section 106 of the Transfer of Property Act, 1882 (IV of 1882);
(b) That he has, without obtaining the consent of the transferee in writing-
(i) Sublet or otherwise parted with the possession of the whole or any part of the property, or
(ii) Used the property for a purpose other than the purpose for which he was using it immediately before the transfer;
(c) That he has committed any act which is destructive of, or permanently injurious to, the property.
(2) The Central Government may, from time to time by notification in the Official Gazette, specify the class of persons to whom, and the class of immovable property in the compensation pool, other than agricultural land, in respect of which, the provisions of this section shall apply and in issuing any such notification the Central Government shall have regard to the following matters, that is to say,-
(a) The length of the period for which any such persons may have been in lawful possession of the property;
(b) The difficulty of obtaining alternative accommodation;
(c) The availability of any other suitable residential accommodation for the use of the transferee; and
(d) Such other matters as may be prescribed.
1*[(1)] No person shall be liable to arrest or imprisonment in pursuance of any process issued for the recovery of any sum due under this Act which is recoverable as an arrear of land revenue.
2*[(2)Notwithstanding anything contained in sub- section (1) if the Chief Settlement Commissioner is of opinion that a person is refusing or neglecting, or has refused or neglected, to pay any sum due under this Act, he may, after giving such person an opportunity of being heard, by order in writing stating the grounds therefore, direct that the provisions of sub- section (1) shall not apply to him, and thereupon such person shall cease to be entitled to the exemption conferred by that sub- section.]
(1) The Central Government shall, as soon as may be, constitute a Board to advise the Central Government on matters of policy arising out of the administration of this Act.
(2) The Board shall consist of a Chairman and such number of other members not exceeding six as the Central Government may think fit to appoint and the members (including the Chairman) shall hold office for a period of two years and shall be eligible for reappointment:
Provided that the Chairman or any other member of the Board may resign his office by writing under his hand addressed to the Central Government and shall, on such resignation being accepted by that Government, be deemed to have vacated his office.
(3) The Board may, subject to the previous approval of the Central Government, make by- laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it.
(4) No act done or proceeding taken by the Board shall be questioned on the ground merely of the existence of any vacancy in, or a defect in the constitution of, the Board.
1*[(5) If at any time the Central Government is of opinion that the continued existence of the Board is unnecessary, it may, by notification in the Official Gazette, declare that the Board shall be dissolved with effect from such date as may be specified in the notification and the Board shall be deemed to be dissolved accordingly.]
The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions contained in this Act or of any rules or orders made there under.
The Central Government may at any time call for the record of any proceeding under this Act and may pass such order in relation thereto as in its opinion the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act or the rules made there under.
(1) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government as may be specified in the notification.
(2) Subject to the provisions of this Act and of the rules and orders made there under, the Chief Settlement Commissioner may, by general or special order, delegate all or any of his powers under this Act to the Joint Chief Settlement Commissioner,1*[A Deputy Settlement Commissioner] a Settlement Commissioner, an Additional Settlement Commissioner or an Assistant Settlement Commissioner, subject to such conditions, if any, as may be specified in the order.
(3) Subject to the provisions of this Act and of the rules and orders made there under, a Settlement Commissioner may, by general or special order, delegate all or any of his powers under this Act to an Additional Settlement Commissioner, an Assistant Settlement Commissioner, a Settlement Officer or an Assistant Settlement Officer, subject to such conditions, if any, as may be specified in the order.
(1) Any person who furnishes in his application for payment of compensation any information which he knows, or has reason to believe, to be false or which he does not believe to be true, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.
(2) No court shall take cognizance of any offence punishable under this Act save upon complaint in writing made by an officer authorised by the Chief Settlement Commissioner by general or special order in this behalf.
Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Central Government or any officer or authority appointed under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Every officer appointed under this Act and every member of a managing corporation shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).
No suit or other legal proceeding shall lie against the Central Government or any person appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rulers or orders made there under.
Anything done or any action taken (including any order made) by the Chief Settlement Commissioner, Settlement Commissioners, Additional Settlement Commissioners or Settlement Officers for the purposes of payment of compensation or rehabilitation grants or other grants to displaced persons shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action was taken.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) The form and manner in which and the time within which, an application for payment of compensation may be made and the particulars which it may contain;
(b) The circumstances in which and the conditions subject to which evacuee property may be acquired under this Act;
(c) The scales according to which, the form and manner in which, and the installments by which, compensation may be paid to displaced persons;
(d) The dues which may be deducted from the amount of compensation to which a displaced person is entitled;
(e) The form and manner in which Government bonds may be issued to displaced persons;
(f) The valuation of property, shares and debentures which may be transferred to displaced persons;
(g) The terms and conditions subject to which property may be transferred to a displaced person under section 10;
(h) The circumstances under which, the extent to which and the manner in which, rehabilitation grants and other grants may be paid to a displaced person;
1*[(hh) The manner in which any dispute as to who are the successors- in- interest of any deceased claimant to a rehabilitation grant or other grant, and as to the apportionment of such grant among persons entitled thereto, may be determined;]
(i) The powers, functions and duties of managing officers and managing corporations;
(j) The procedure for the transfer of property out of the compensation pool and the manner of realisation of the sale proceeds or the adjustment of the value of the property transferred against the amount of compensation;
(k) The procedure to be followed by officers appointed under this Act for making enquiries under this Act;
(l) The form and manner in which appeals and applications for review or revision may be preferred or made under this Act and the procedure for hearing such appeals or applications for review or revision;
(m) The powers vested in a civil court which may be exercised by an officer appointed under this Act;
(n) the form and manner in which records and books of accounts may be maintained under this Act;
1*[(nn) The fees payable in respect of appeals, revisions or other applications made under this Act;]
(o) Any other matter which is to be or may be prescribed under this Act.
2*[(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Inserted by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1960, w.e.f. 27-02-1960.
2. Substituted for "(3) All rules made under this section shall be laid for not less than thirty days before Houses of Parliament, as soon as possible, after they are made and shall be subject to such modification as Parliament may make during the said period of thirty days." by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1960, w.e.f 27-02-1960.
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