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Section 46: Power to make rules

The Goa Administration of Evacuee Property Act, 1964State Act of Goa · Act 6 of 1964

(1) 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 manner in which inquiries under this Act may be held;

(b) the manner in which evacuee properties which have vested in the Custodian may be notified;

(c) the manner in which possession of any evacuee property may be taken by the Custodian;

(d) the manner in which any person claiming any right to, or interest in, any property which has been notified as evacuee property may have his claim registered and disposed of;

(e) the manner in which, any attachment may be made by the Custodian;

(f) the circumstances in which, and the conditions subject to which, the Custodian may sell any immovable property vested in him, and the procedure governing the grant of leases and the period for which leases may be granted;

(g) the circumstances in which leases and allotments may be cancelled or terminated or the terms of any lease or agreement varied;

(h) the manner in which rent of any property or damage for unauthorised possession of any property may be assessed, and the principles which may be taken into account in assessing such rent or damages;

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(i) the manner in which any moneys due to the Custodian may be recovered;

(j) the form and manner in which books of accounts and other records shall be maintained by the Custodian;

(k) the form in which any notice under this Act may be issued, the manner of its service and publication and the form in which any demand may be made by the Custodian;

(1) the nature of cases and the circumstances in which and the conditions subject to which property may be restored under section 36[“15”].

(m) the powers vested in a Civil Court which may be exercised by the Custodian while holding any inquiry under this Act;

(n) the manner in which applications for the previous approval of the Custodian may be made under section 31 and the matter which he shall take into account in granting such approval, and the nature of cases and the circumstances in which the Custodian may confirm or refuse to confirm a transfer under that section;

(o) the form and manner in which and the time within which appeals may be preferred and the fees payable in respect thereof;

37[(p) the furnishing of security by the Custodian and other officers appointed under the Act ];

(q) the fees payable to the Custodian for the management and disposal of any property vested in him and the manner in which such fees shall be paid, credited or accounted for;

(r) the person by whom and the time at which books of accounts maintained under this Act may be inspected and audited;

38[(rr) the securities in which the Custodian may invest any moneys held by him;]

(s) any other matter which has to be or may be prescribed under this Act.

Where this provision sits

ActThe Goa Administration of Evacuee Property Act, 1964
Section46
Marginal notePower to make rules
JurisdictionState of Goa
StatusIn force as published by the source

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