An Act to provide for the payment of compensation and rehabilitation grants to displaced persons and for matters connected therewith.
(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);
(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 instalments, 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--
(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 instalments, 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".]--
(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--
(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;
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.
(1) The Central Government may, by notification in the Official Gazette, appoint a chief Settlement Commissioner, a Joint Chief Settlement Commissioner, 1 [and as many Deputy Chief Settlement Commissioners, Settlement Commissioners] Additional Settlement Commissioners, Assistant Settlement Commissioners, Settlement Officers, Assistant Settlement Officers and managing officers as may be necessary for the purpose of performing the functions assigned to them by or under this Act and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.
(2) Subject to the provisions of the Act, the Joint Chief Settlement Commissioner, 2 [all Deputy Chief Settlement Commissioners, Settlement Commissioners] Additional Settlement Commissioners, Assistant Settlement Commissioners, Settlement Officers, Assistant Settlement Officers and managing officers shall perform the functions assigned to them by or under this Act under the general superintendence and control of the Chief Settlement Commissioner.
(3) An application for the payment of compensation under this section shall contain the following particulars, namely :--
(2) Where the displaced person is entitled to receive compensation in respect of any such property as is referred to in sub-section (1), the banking company shall be entitled,--
(a) if the compensation to the displaced person in respect of such property is payable in cash, to receive such amount as bears to the total debt, the same proportion as the compensation payable to the displaced person bears to the value of the verified claim of the displaced person in respect of such property;
(b) if the compensation to the displaced person is payable in the form of transfer of any property from the compensation pool, then subject to a prior charge under sub-section (3) of section 20, to a second charge on such property for the amount which would have been payable to the banking company under clause (a) if the displaced person had been paid compensation in cash;
(c) if the compensation to the displaced person is payable in any other form, to such relief as the Settlement Officer, having regard to the principle specified in clause (a) or clause (b), may determine.
(a) the expression 'banking company' means any of the displaced banks specified in the Schedule and includes any other banking company which, before the fifteenth day of August, 1947 carried on the business of banking, whether wholly or partially in any area now forming part of West Pakistan, and which the Central Government may, having regard to the dislocation of such business on account of the partition of the country, by notification in the Official Gazette, specify in this behalf;
(i) where the banking company has preferred a claim under the Displaced Persons (claims) Act, 1950 (XLIV of 1950) and the claim has been verified, the amount of the verified claim, subject to such adjustment as the Settlement Officer, having regard to the provisions of the Displaced Persons (Debts Adjustment) Act, 1951 (LXX of 1951) applicable to secured debts, may make;
(2) On ascertaining the amount of compensation to which an applicant is entitled under sub-section (1), the Settlement Commissioner shall deduct therefrom the following dues recoverable from the applicant, in the order of priority mentioned below :--
(b) the amount, if any, payable to a banking company under section 6, and the amount, if any, of the prior charge declared under sub-section (3) of section 16 of the Displaced Persons (Debts Adjustment) Act, 1951 (LXX of 1951) in respect of which any communication is
(c) where any communication is received from any tribunal under section 52 of the received from any tribunal under section 52 of that Act; Displaced Persons (Debts Adjustment) Act, 1951 (LXX of 1951) in respect of any unsecured debts, the amount of such debts payable by the applicant in accordance with the provisions of that Act.
(1) A displaced person shall be paid out of the compensation pool the amount of net compensation determined under sub-section (3) of section 7 as being payable to him, and subject to any rules that may be made under this Act, the Settlement Commissioner or any other officer or authority authorised by the Chief Settlement Commissioner in this behalf may make such payment in any one of the following forms or partly in one and partly in any other form, namely :--
(2) For the purpose of payment of compensation under this Act, the Central Government may, by rules, provide for all or any of the following matters, namely :--
(b) the scales according to which, the form and manner in which and the instalments by which, compensation may be paid to different classes of displaced persons;
(1) Where any compensation is payable to any displaced persons in lieu of property abandoned by him in West Pakistan which on the date of his migration from West Pakistan was subject to a mortgage in favour of a person who is not resident in India, the Settlement Commissioner shall, after giving a reasonable notice to the displaced person, determine the principal sum for which the property was so mortgaged and such portion of the principal sum so determined as bears the same proportion as the compensation payable to the displaced person bears to the value of the verified claim of the displaced person in respect of that mortgaged property shall be deductible from the compensation payable in respect of the mortgaged property :
Provided further that where compensation has been paid to any displaced person by sale or any other mode of transfer to him of any property from the compensation pool, the displaced person may, within the aforesaid period of three months or, as the case may be, within the aforesaid prescribed period,--
(b) where the value of the verified claim exceeds twenty thousand rupees, by the Settlement Commissioner :
Where any immovable property has been leased or allotted to a displaced person by the Custodian under the conditions published--
(a) by the notification of the Government of Punjab in the Department of Rehabilitation No.4891-S or 4892-S, dated the 8th July, 1949; or
(b) by the notification of the Government of Patiala and East Punjab States Union in the Department of Rehabilitation No.8R or 9R, dated the 23rd July, 1949, and published in the Official Gazette of that State, dated the 7th August, 1949,
and such property is acquired under the provisions of this Act and forms part of the compensation pool, the displaced person shall, so long as the property remains vested in the Central Government, continue in possession of such property on the same conditions on which he held the property immediately before the date of the acquisition, and the Central Government may, for the purpose of payment of compensation to such displaced person, transfer to him such property on such terms and conditions as may be prescribed.