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THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Title : THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Year : 1951

THE EVACUEE INTEREST (SEPARATION) ACT, 1951.ACT NO. 64 OF 1951 1*

[31st October, 1951.]


An Act to make special provisions for the separation of the interests of evacuees from those of other persons in property in which such other persons are also interested and for matters connected therewith.

WHEREAS it is expedient to make special provisions for the separation of the interests of evacuees from those of other persons in property in which such other persons are also interested and for matters connected therewith;

AND WHEREAS some of the aforesaid provisions may relate to certain matters in the State List and Parliament is empowered, in pursuance of a Resolution passed under Article 249 of the
Constitution, to make such laws;

BE it therefore enacted by Parliament as follows:-


CHAP

PRELIMINARY


CHAPTER I

PRELIMINARY


1.Short title and extent.


1. Short title and extent. (1) This Act may be called the Evacuee
Interest (Separation) Act, 1951.(2) It extends to the whole of India except 2*[the territories which, immediately before the 1st November, 1956, were comprised in the States] of Assam, West Bengal, Tripura, Manipur and Jammu and
Kashmir.


2.In this Act, unless the context otherwise requires,-


2. In this Act, unless the context otherwise requires,-

(a) "appellate officer" means an officer appointed as such by the State Government under section 13;

(b) "claim" means the assertion by any person, not being an evacuee, of any right, title or interest in any property--

(i) as a co-sharer or partner of an evacuee in the property; or
(ii) as a mortgagee of the interest of an evacuee in the property; or

Supplemented in:-
(a) Am., in Panjab by Punjab Act 15 of 1960.
(b) Kerala in Kerala Act 15 of 1960.
(c) Andhra Pradesh by Andhra Pradesh Act 28 of 1960.
(d) U.P by U.P. Act 5 of 1961.(e) Bihar by Bihar Act 20 of 1960.
(f) Madras by Madras 3 of 1961.(g) Rajasthan by Rajasthan Act 1 of 1961.(h) Mysore by Mysore Act 3 of 1961.----------------------------------------------------------------------
1. The Act has been supplemented in Uttar Pradesh by U.P. Act 13 of
1953 and in Orissa by Orissa Act 11 of 1953 and in the Punjab by
Punjab Act XXI of 1953, Amended in Panjab by Punjab Act 15 of 1960, Kerala in Kerala Act 15 of 1960, Andhra Pradesh by Andhra Pradesh Act
28 of 1960, U.P by U.P. Act 5 of 1961, Bihar by Bihar Act 20 of 1960, Madras by Madras 3 of 1961, Rajasthan by Rajasthan Act 1 of 1961, Mysore by Mysore Act 3 of 1961.2. Subs. by the Adaptation of Laws (No. 4) Order, 1957, for "the
States" (w.e.f. 1-11-1956).

44.(iii) as a mortgagor having mortgaged the property or any interest therein in favour of an evacuee;

and includes any other interest which such person may have jointly with an evacuee and which is notified in this behalf by the Central Government in the Official
Gazette;

(c) "competent officer" means an officer appointed as such by the State Government under section 4;

(d) "composite property" means any property which, or any property in which an interest, has been declared to be evacuee property or has vested in the Custodian under the Administration of Evacuee Property Act, 1950 (31 of
1956), and--

(i) in which the interest of the evacuee consists of an undivided share in the property held by him as a co-sharer or partner of any other person, not being an evacuee; or

(ii) in which the interest of the evacuee is subject to mortgage in any form in favour of a person, not being an evacuee; or

(iii) in which the interest of a person, not being an evacuee, is subject to mortgage in any form in favour of an evacuee; or

(iv) in which an evacuee has such other interest jointly with any other person, not being an evacuee, as may be notified in this behalf by the Central
Government, in the Official Gazette;

(e) "evacuee interest", in relation to a composite property, means the right, title and interest of an evacuee in that property;

(f) "mortgage debt" means any liability in respect of a property due under any form of mortgage (including any usufructuary mortgage or mortgage by conditional sale)
whether such liability is payable presently or in future, or under any decree or order of a Court or otherwise, or whether ascertained or not, which--

(i) in any case where it is incurred by an evacuee, is secured by the mortgage of the interest of the evacuee in the property in favour of a person, not being an evacuee;

45.(ii) in any case where it is incurred by a person not being an evacuee, is secured by the mortgage of the interest of such person in the property in favour of an evacuee;

but does not include any such liability of an evacuee arising out of any transaction entered into after the
14th day of August, 1947 unless such transaction has been confirmed by the Custodian under the
Administration of Evacuee Property Act, 1950 (31 of
1950)

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

(h) "principal money", in relation to a mortgage deed executed by an evacuee, means--

(i) in the case of a mortgage deed which has not been executed by way of renewal of a prior mortgage deed, the sum of money advanced by way of loan at the time of the execution of the mortgage deed;

(ii) in the case of a mortgage deed which has been executed at any time before the 1st day of January,
1940, by way of renewal of a prior mortgage deed, the consideration for which the renewed mortgage deed was executed;

(iii) in the case of a mortgage deed which has been executed at any time after the 1st day of January,
1940, by way of renewal of a prior mortgage deed executed before that date, the sum of money which became due on the 1st day of January, 1940, on account of the money advanced on the prior mortgage deed and interest thereon up to the said date;

(iv) in the case of a mortgage deed which was executed at any time after the 1st day of January,
1940, by way of renewal of a prior mortgage deed which was also executed after that date, the sum of money advanced by way of loan at the time of the execution of the prior mortgage deed;

Explanation.--For the purpose of calculating the principal money in relation to any mortgage deed which has been executed by way of renewal of a prior mortgage deed, any sum of money advanced at the time of such renewal in addition to the sum of money which

46.was due on the prior mortgage deed shall also be taken into account.

(i) all words and expressions used, but not defined in this
Act and defined in the Administration of Evacuee
Property Act, 1950 (31 of 1950), shall have the meanings assigned to them in that Act.


3.Act to override other laws.


3. Act to override other laws. Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.

Last updated on May, 2015
Title : THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Year : 1951



CHAPTER I

PRELIMINARY


1.Short title, extent and commencement.


1. Short title, extent and commencement. (1) This Act may be called the Industries (Development and Regulation) Act, 1951.(2) It extends to the whole of India 2***.

(3) It shall come into force on such date 3* as the Central
Government may, by notification in the Official Gazette, appoint.


2.Declaration as to expediency of control by the Union.


2. Declaration as to expediency of control by the Union. It is hereby declared that it is expedient in the public interest that the
Union should take under its control the industries specified in the
First Schedule.


3.Definitions.


3. Definitions. In this Act, unless the context otherwise requires,--

(a) "Advisory Council" means the Central Advisory Council established under section 5;

4*[(aa) "ancillary industrial undertaking" means an industrial undertaking which, in accordance with the proviso to sub-section (1) of section 11B and the requirements specified under that sub-section, is entitled to be regarded as an ancillary industrial undertaking for the purposes of this Act;]

5*[4[(ab)] "current assets" means bank balances and cash and includes such other assets or reserves as are expected to be realised in cash or sold or consumed within a period of not more than twelve months in the ordinary course of business, such as,

----------------------------------------------------------------------
1. This Act has been extended to Goa, Daman and Diu (with modifications) by Reg. 12 of 1962, s. 3 and Sch., to Dadra and Nagar
Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I and to
Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963, s. 3 and Sch. I.

Extended to and brought into force in the State of Sikkim w.e.f.
5-3-1983: vide Notifn. No. S.O. 163(E), dated 2-3-1983 (with modifications)

2. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1961, s. 2.3. 8th May, 1952, vide Notification No. S.R.O. 811, dated the 8th
May, 1952, see Gazette of India, Extraordinary, Pt. II, Sec. 3, p.
539.15th February, 1962, in respect of the State of Jammu and
Kashmir; vide Notification No. S.O. 458IDRA1162, dated 7th
February, 1962, see Gazette of India, Extraordinary, Pt. II. Sec.
3(ii), p. 385.4. Re-lettered and ins. by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984)
5. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971).

94.stock-in-trade, amounts due from sundry debtors for sale of goods and for services rendered, advance tax payments and bills receivable, but does not include sums credited to a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees, maintained by a company owning an industrial undertaking;

1*[(ac)] "current liabilities" means liabilities which must be met on demand or within a period of twelve months from the date they are incurred; and includes any current liability which is suspended under section
18FB;]

(b) "Development Council" means a Development Council established under section 6;

2*[(bb) "existing industrial undertaking" means--

(a) in the case of an industrial undertaking pertaining to any of the industries specified in the First Schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this Act or for the establishment of which effective steps had been taken before such commencement, and

(b) in the case of an industrial undertaking pertaining to any of the industries added to the
First Schedule by an amendment thereof, an industrial undertaking which is in existence on the coming into force of such amendment or for the establishment of which effective steps had been taken before the coming into force of such amendment;]

(c) "factory" means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on--

(i) with the aid of power, provided that fifty or more workers are working or were working thereon on any day of the preceding twelve months;
or

(ii) without the aid of power, provided that one hundred or more workers are working or were working thereon on any day of the preceding twelve month and provided further that in no part of such premises any manufacturing process is being carried on with the aid of power;

3*[(cc) "High Court" means the High Court having jurisdiction in relation to the place at which the registered office of a company is situate;]
----------------------------------------------------------------------
1. Re-lettered by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984)
2. Ins. by Act 26 of 1953, s. 2.3. Ins. by Act 72 of 1971, s. 2. (w.e.f. 1-11-1971).

95.(d) "industrial undertaking" means any undertaking pertaining to a scheduled industry carried on in one or more factories by any person or authority including
Government;

1*[(dd) "new article", in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this Act, means--

(a) any article which falls under an item in the First Schedule other than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall;

(b) any article which bears a mark as defined in the Trade Marks Act, 1940 2* (5 of 1940), or which is the subject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent.]

(e) "notified order" means an order notified in the Official
Gazette;

(f) "owner", in relation to an industrial undertaking means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking;

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

(h) "Schedule" means a Schedule to this Act;

(i) "scheduled industry" means any of the industries specified in the First Schedule.

3*[(j) "small scale industrial undertaking" means an industrial undertaking which, in accordance with the requirements specified under sub-section (1) of section
11B, is entitled to be regarded as a small scale industrial undertaking for the purposes of this Act;]

4*[3*[(k)] words and expressions used herein but not defined in this Act and defined in the Companies Act, 1956 (1.of 1956), have the meanings respectively assigned to them in that Act.].


4.Saving.


4. [Saving.] Rep. by the Industries (Development and Regulation)
Amendment Act, 1953 (26 of 1953), s. 3.----------------------------------------------------------------------
1. Ins. by Act 26 of 1953, s. 2.2. See now the Trade and Merchandise Marks Act, 1958 (43 of 1958).
3. Re-lettered and ins. by Act 4 of 1984, s. 2 (w.e.f.
12-1-1984).
4. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971).
Last updated on May, 2015

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