Maintenance
of Accounts and
Records
109. Payment of compensation—(1) The payment of compensation shall be made by the Pay and Accounts Officer Ministry of Rehabilitation. The Regional Settlement Commissioner or a gazetted officer authorised by him in this behalf shall submit to Pay and Accounts Officer, bill for individual claimants. The Pay and Accounts Officer after pre-check of each bill, shall issue demand draft or cheques, as the case may be in respect of individual claimants and send them to the Regional Settlement Commissioner or the authorised officer, as the case may be, for delivery to them.
(2) The detailed Performa account of the transactions relating to the compensation pool including transaction on account of evacuee property transferred in kind shall be maintained by the Pay and Accounts Officer, Ministry of Rehabilitation. The account shall show separately the transactions on account of payment of compensation and the Rehabilitation Grants.
(3) In regular Government account the payment of major head 85-D compensation to Displaced Persons under the minor detailed indicated below:
Minor Head Detailed
Gross Payments Value of Government property transferred Loans etc. Adjusted as compensation. Other payments.
Deduct Amount financed Amount financed from sale proceeds etc. of
From the Revenue evacuee property transferred from Revenue.
(Amount of net capital outlay met from Revenue)
110. Cash receipt on account of sale proceeds etc. of acquired evacuee properties forming part of the compensation pool—The sale proceeds etc. realised in cash, in respect of evacuee properties forming part of the Compensation pool shall be credited to the Head ‘XLVI Miscellaneous Receipt of Account on Displaced Persons Receipts forming part of the compensation pool- Receipts on account of acquired evacuee property.
111. Expenses on account of the Management and sale of acquired Evacuee property—Expenses incidental to the management and sale of acquired evacuee properties (including auction fees) forming part of the compensation pool, shall be debited to the account head: -
“57-Miscellaneous-Expenditure on Displaced Persons—Expenditure on management, sale etc. of acquired evacuee property.”
112. Receipts on account of the sale proceeds etc. of Government built properties forming part of compensation pool—All receipts relating to the Government built properties forming part of compensation pool shall be credited to the head of the account corresponding to the one from which expenditure on such property was originally met viz-
(1) XLVI—Miscellaneous—Receipts on account of Displaced Persons—Receipt forming part of the compensation pool—Receipts on account of sale etc. Government property.
(In respect of properties the cost of which was debited to “57 – Miscellaneous”).
(2) 81—Capital Account of Civil Works outside the Revenue account—Deduct Receipts and Recoveries on Capital Account—Recoveries on account of sale etc. of Government built properties forming part of compensation pool.
(In respect of properties the cost of which was debited to 81 Capital Account of Civil Works outside the Revenue Account).
(3) O—Loans and Advances by the Central Government (in respect of properties the cost of which was met by State Government and other authorities from loans from the Central Government. (See rule (2) of Rule 114 below).
113. Expenses incidental to the sale of Government built properties. Expenses incidental to the sale of Government properties (including auction fees) forming part of compensation pool, shall be debited to the account head :-
“57—Miscellaneous—Expenditure on Displaced Persons—Expenditure on management, sale, etc. of Government built property”.
114. Accounting of deductions made from compensation—(1) (a) The cash balance of the Custodian transferred to the compensation pool in terms of clause (b) of sub-Section (1) of Section 14 of the Act shall be credited to the head XLVI-Miscellaneous—Receipt on account of Displaced Persons—Receipt forming part of the compensation pool under distinct detailed head—Cash balance of the Custodian transferred to the compensation pool. Amounts deducted from the compensation bill on account of rent, etc. (excluding sale proceeds) of evacuee property including acquired evacuee property, shall also be credited to the same head of account under a separate detailed head, viz- Receipts on account of rents etc., of Evacuee property.
(b) At the end of each financial year an amount equal to the total amount credited to the head XLVI Miscellaneous—Receipts on account of Displaced Persons—Receipts forming part of Compensation pool’ (Rules 110, 114 (1) (a) above) shall be transferred to the capital head—85-D Compensation to Displaced Persons—by debit to the head ‘57-Miscellaneous—Expenditure on Displaced Persons—Transfer of sale proceeds etc., of evacuee property to Capital Account outside the Revenue Account.’
(2) The amount due from the displaced persons on account of loans granted to them and deducted out of the compensation, shall be credited to the head:-
O—Loans and Advances by the Central Government :
(1) Advances to State Government,
(2) R.F.A. Loans.
(3) Other Bodies
(3) The amounts recovered from the displaced persons on account of loans granted by the State Governments and the Rehabilitation Finance Administration out of funds placed at their disposal by the Central Government from the compensation paid to them, shall be remitted by the Pay and Accounts Officer Ministry of Rehabilitation by cheques or demand draft to the respective State Accountant General in the case of loans granted by the Rehabilitation Finance Administration for credit under O-Loans and payment Advances by the Central Government. The credits by the State Accountant General shall be adjusted in the Central Section of their Accounts. The cheques or demand draft shall be supported by statement showing the details of recoveries. The State Accountant General ascertain from the State Government the particular loans from the Central Government against which the recoveries are to be adjusted. The Rehabilitation Finance Administration also shall furnish to the Accountant General, Central Revenues, this information in respect of loans granted by them. The State Accountant General and the Rehabilitation Finance Administration shall make the requisite adjustment in the State Section of their accounts and the Rehabilitation Finance Administration accounts respectively, so that the debit balances against the individual loanees and the credit balances in respect of the loans received by them from the Central Government are reduced. This amendment shall be deemed to have come into force on the 1st April, 1959.
(4) The amounts deducted from the compensation bill under clauses (b) and (c)of sub-section (2) of section 7 of the Act shall be initially credited under the Head S Deposits and Advances--Part 11 Deposits not bearing interest-C Other Deposits Accounts--Department and Judicial Deposits--Civil Deposits- Deposits under D.Cs. (Debt Adjustment) Act, 1951.
115. Deposits of Fees referred to in Rule 122--The fees realised in respect of appeals and applications made under the Act shall be credited to the head "XLVI-Miscellaneous--Receipts on account of Displaced Persons."
116. Certificate of payment of compensations—(1) When the claim of an application for compensation has been settled wholly or in part, there shall be issued to him a certificate of payment of compensation in the form specified in Appendix XXIX on his furnishing a receipt in the form specified in Appendix XXX.
(2) Any such certificate shall be preserved by the claimant for production on demand by any officer of the Central Government or State Government performing functions in relation to rehabilitation of displaced persons or the payment of compensation to him.
117. Service of orders and notices--(1) Every order or notice made or issued under the Act or these rules shall be served by registered post acknowledgment due.
(2) Ordinarily a notice of at least fifteen days shall be given.
(3) The service of an order or notice under sub-rule (1) shall be deemed to have been effected if the order or notice has been properly addressed and despatched by registered post.
(4) The service of an order or notice shall, unless the contrary is proved, be deemed to have been effected on the date on which the order or notice, as the case may be would ordinarily have been delivered through the registered post.
(5) When an order or notice has to be served on a person who has made an application for payment of compensation, it shall be despatched to him at the address supplied by him in the application for compensation unless an intimation of a change of address has been given.
(6) When by due deligence the address of the person concerned can not be known, the order or notice may be despatched to him at his last known address.
(7) Where an order or notice sent by post is returned undelivered, or where the Settlement Officer or other authority is satisfied that there are reasons to believe that the order or notice cannot be delivered in the ordinary course, the Settlement Officer or other authority may direct that the order or notice may be served either :
(a) by publication in one issue of a newspaper having circulation in the area in which the person concerned is known to have last resided or to have carried on business; or
(b) (i) by a fixture of a copy of the same on a conspicuous part of the property in relation to which the order or notice has been made or issued; and
(ii) by beat of drum at some place on or adjacent to such property.
(8) When an order or notice is served as specified in clause (a) or clause (b) of sub-rule (7), a copy of such order or notice shall also be affixed in the office of the Officer or Authority who made or issued the order of notice, as the case may be.
(9) When an order or notice is directed to be served as in the manner specified in clause (a) of sub-rule (7), the date fixed for hearing shall not be earlier than the date on which the order or a notice is published in the newspaper.
(10) Where an order or notice is directed to be served in the manner specified in clause (b) of sub-rule (7), the date fixed for hearing shall not be earlier than the date on which the requirements laid down in that clause have been complied with.
118. Stamp duty to be paid by Government--The stamp duty payable in respect of any document relating to the transfer of any property under these rules shall be payable by the Government.
119. Bar against appearance of legal practitioners-No legal practitioner shall be entitled to appear in any proceedings under the Act or these rules except in proceedings arising under any of the following Section of the Act, namely,
Section 5, Section 7, Section 9, Section 19, Section 21, Section 22, Section 23, Section 24, Section 25 and Section 30.
120. Improvement in acquired evacuee property--Where a person in lawful occupation of an acquired evacuee property has with the previous approval of the custodian in writing made any improvements in such property of a value exceeding Rs.500 the Settlement Commissioner may, at his discretion reimburse such occupant the amount spent by him on such improvements from the sale proceeds of the property is sold to a person other than the occupant.
121. Protection from ejectment of person referred to in Section 20 of the Act--The period during which persons to whom the provisions of Sec. 9 apply, shall not be liable to be ejected from any immovable property other than agricultural land in lawful possession shall be two years in cases.
122. Fees - (1) The following fees shall be payable in respect of appeals and applications made under the Act:-
1.
Appeals
(i) to the Chief Settlement Commissioner Rs. 15/-
(ii) to the Settlement Commissioner Rs. 15/-
2. Applications
(i) any application for revision under S. 24 of the Act Rs. 20/-
(ii) any application for review under S.25 of the Act Rs. l/-
(iii) any application under Section 9 of the Act Rs.2/-
(iv) any application in connection with the sale of property Rs.1/-
(iv) any application for obtaining a copy of any order
made under the Act or these rules Rs. l/-
(v) any other application not being an application for
compensation under Section 4 of the Act Rs. 8/-
(3) Any fees payable under this rule shall be paid in the form of any Indian Postal Order for the amount of the fee crossed in the name of Chief Settlement Commissioner, Settlement Commissioner, or Settlement Officer as the case may be;
Provided that where the person liable to pay the fee resides outside India, a receipt for the amount of the representative of India in the country where such person reside shall be sufficient evidence about the payment of the fee.
APPENDIXES
APPENDIX- I.
Application Form of Compensation
[(Rule 4(1)]
Name of applicant .... ..... .....
Son/wife/widow of .... .... ....
Present address .... .... Address as given on claim from
Index Nos. Claim
Urban Rural
For the official use only
Registration No. of Application
In Settlement Officer's office In Regional Settlement In Central
Commissioner’s Office Office
To be cut along dotted line and pasted on Compensation Certificates
The .. .. ..Office
To
Sir,
I herewith apply for the determination of compensation in respect of my claim-verified and assessed under the Displaced Persons (Claims) Act, 1950. I file in duplicate the Application Form in which I have the particulars necessary for deciding the Applications.
I declare and state that if any of the statements made by in the application form is found false, it will be open to the Government to withhold payment of such compensation as may be due to me or as part thereof or to compensation if any which has been paid to me.
I desire to receive payment of compensation in the form of
(i) Cash;
(ii) Government bonds;
(iii) Property;
(iv) Share and debentures; or
(v) In any other form.
Note-Score out what is not applicable.
Yours faithfully,
I Son/wife/widow of ... ... ... ... .... originally resident of .. .. Tehsil ... ... District ... ... State ... now residing at the address given above solemnly declare and affirm that 1 have not submitted an application in this form to any other authority.
I solemnly declare and affirm that the information supplied in the application form is correct and 1 have neither concealed nor misrepresented facts.
Attested Deponent
Date Date
Affidavit above and specimen signature or thumb-impression at the bottom should be attested by a Sub-Judge, a Magistrate, an Oath Commissioner. Justice of Peace or any other Officer competent to administer oath.
Two specimen signatures or left thumb impressions.
Registered No.
(1) (2)
Attesting Authority Attesting Authority
(1) Refugee Registration No. and details of family as entered on Registration Card, Mention the place of registration. If not registered, say so
(2) Was this applicant a member of Joint Hindu Family in Pakistan.
(3) Was the claim filed on behalf of the Joint Family as constituted in Pakistan ? If not, state whether claim in respect of the properties has been separately filed, and state Index No. of such claim. Such names and address of principal members of Joint Family.
(4) Is the applicant or any member of his Family staying in any Women's Home or Infirmity ? If so, state where ?
(5) Is any member of the applicant's family in receipt of Maintenance Allowance ? If so give name of the person monthly allowance and total payment received, state the designation of officer from whom Maintenance Allowance is drawn
(6) Has the applicant applied under the Displaced Persons (Debt Adjustment) Act, 1950 for adjustment of his debts ? If so, state name of Tribunal and names of pre-partition creditors as mentioned in his application to the Tribunal and their addresses.
(7) Particulars of residence since arrival in India (complete record of movement and residence should be stated since arrival in India).
(i) Has applicant migrated from any place in Pakistan on or after 14th March, 1947, as a result of Partition? If so state date of migration and place from where migrated.
(ii) Transit Camp (State name and period of stay).
(iii) Relief Camp (State name and period of stay).
(iv) Residence in various towns from time to time (State names and period of stay).
(8) Has the applicant or any member of his Joint Family sold any property in Pakistan or exchanged any property in Pakistan with any property in India on or after lst March, 1947 ? If so, state particulars and values of properties sold as well as properties both in India and Pakistan covered by the exchange.
(9) Did the applicant own any immovable property in India on lst March, 1947 ? If so, give location and brief description (Rural or Urban Agriculture Lands etc.) with approximate value of each item.
(10) Rehabilitation benefit received by the applicant or by a member of the family viz., father/mother/husband/wife/son/un-married daughter.
|
(a) |
Particulars of Government built accommodation and plots House Plot |
No. of award street town or name of colony |
Date of occupation |
Assessed monthly rent |
Arrears or rent |
|
|
(b) |
Particulars of Urban Evacuee Property House Shop Plot Industrial undertakings Urban Agricultural Lands |
No. of award street town |
Date of occupation |
Assessed rent |
Monthly or license fee |
Arrears or rent/ fee |
|
(c) |
Particulars of Rural Evacuee property occupied |
Village Tehsil, District |
Kaccha or Pacca |
Covered Area |
Date of occupation |
Rent if any |
|
|
House Shop, Plot |
|
|
|
|
|
|
(d) |
Particular of area allotment of allotted agricultural lands and gardens in Rural Area |
Village Tehsil District State |
Date of allotment |
Date of acceptance of allotment |
Rent/Lease money assessed |
Arrears of rent lease money |
(i) On quasi-Permanent basis.
(ii)On Temporary basis.
Statement 'A' should also be filled by applicant if he is a temporary allotted outside Punjab/Pepsu.
(i) Agricultural land.
(ii) Gardens and Groves.
(e) Particulars of Sanctioning Amount Amount Amount Amount
loans out Authority sanctioned so far required outstanding
outstanding received principal
on the date interest
of application
(i)
R.F.A. loans.
(ii)
Small Urban Loans Scheme.
(iii)
Education Loans.
(iv)
House Building Loans.
(v)
Loans for Agriculture Purpose.
Location
of house- Amount Amount
Plot
and name of paid outstanding
colony
(f) Unpaid installments on account of house
or plot purchased from Government or under
a housing Scheme sponsored by Government.
(11) Particulars of claims under Displaced Persons Claims Act, 1950.
(a) Urban Index Town Value Co-sharers in
If any property
Property No. Village assessed case property is mortgaged
Tehsil with respective state mortgaged District money and name
Of mortgagee
House, (i)
(ii)
(iii)
Shop (i)
(ii)
Urban
Agricultural
Lands.
(b) Industrial (i)
undertaking (ii)
(iii)
(c) Rural property (i)
House (ii)
(iii)
Shop (i)
(ii)
Total of (a), (b) and (c) Rs ........................
(d) Rural property Index Village/ Value CO-sharers in If any property
agricutural No. Tehsil/ assessed each property Is mortgaged, Lands District
Lands District (in std. acres) with respective state mortgage shares of
rnoney names mortgagee
Date Signature or thumb impression of applicant
Name of applicant Son/wife/widow of Address
Registration No. given by Settlement Officer
Questionnaire
[Rule 4(2)(a)]
Registration of Name of Applicant Son of/Wife of/Widow of
(A)
Information regarding
property occupied
If you are occupying a Government built or evacuee quarter/house/shop, please state :-
(i) The Block/Ward and Municipal/Quarter No. with full address.
(ii) The name(s) of person(s) to whom the present allotment has been made.
(iii) The allottees relationship to you.
(iv) (a) Index No. (s) and assessed value of their claim(s).
(b) Registration No. of the application(s) for compensation, if any, filled by them.
(v) (a) Monthly rent fixed.
(b) Payment made by you since the last verification by the Settlement Officer, giving date and amounts.
(c) The amount of arrears of rent outstanding on the 31st October, 1953.
(d) The authority to whom payable.
(vi) Name of person(s) in actual occupation (the name of only head of each family to be given).
(Additional information in the case of Government-built property).
(vii) (a) Authority which made the allotment.
(b) Approximate date of allotment.
(c) If purchased on instalment basis amount paid (with dates) as initial and subsequent installments.
(d) If purchased on full payment of price, amount paid with date
Additional information in the case of Evacuee Property
(Viii) (a) Details of the accommodation of the whole house and the portion in your occupation; e.g. number and sizes of the rooms; separate or common privy bath room; kitchen and staircase; single or double-storeyed; and so on.
(b) If possible approximate plinth area of the house and of the portion in your occupation.
(B) Information regarding Loans
If you have taken any loan either from a State Government or from the Rehabilitation on Finance Administration or have pledged your claim or have signed as.a guarantor the advance of a loan by the R.F.A. or have stood as survey for any State loan, please state separately for each loan :
(i) The date, Account No. and amount of the loan.
(ii) Particulars of installments paid, clearly specifying those paid since the date of verification by the Settlement Officer.
(iii) Whether you have applied for postponement of instalment of loan against verified claim(s).
(C) Other Particulars
(a) Caste/sub-caste and surname.
(b) Place of displacement in Pakistan with full address there. (c)
(c) Addresses at intermediate places before coming to the present address.
(d) Name of the adult male members with their complete address.
(e) Present residential address.
(in the case of men and unmarried women)
(f) Father’s name
(g) Grand father's name:
(In the case of married women and widows)
(h) Husband's name
(i) Husband's father’s name
(j) Husband's grandfathers name
(k) Date of Husband's death.
N.B.--ln the case of payment (whether towards arrears of rent or installments of loan) attested copies of the receipt for payment of rent and/or instalment of the loans should be sent or brought with your reply.
(D) Information regarding Joint
Claims
(i) if you have applied for compensation against a specified share in a joint claim(s) give full addresses of all those interested in the claim indicating which of them are minors under your guardianship.
(ii) Please state Index No. (s) and value of all verified claims in which you have any interest, specifying your own share in each.
Date Signature or Thumb-impression of Applicant,