Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 4,4(4),19

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----Ss. 4(4) & 19 and Limitation Act (IX of 1908), S. 5-Section 5 of Limitation Act, 1908 specifically made applicable to appeals filed under S. 19 and not applicable to appeals filed under S. 4(4), Displaced Persons (Compensation and Rehabilitation) Act, 1958-Question whether property is or is not trust property referred to and decided by Chief Settlement Commissioner- Decision of Chief Settlement Commissioner appealable only under S. 4(4), Displaced Persons (Compensation and Rehabilitation) Act, 1958 and appeal under S. 4(4) therefore not amenable to condonation of delay under S. 5 of Limitation Act, 1908. Section 5 of Limitation Act, 1908 has been made applicable only to appeals which an aggrieved person may have the right to file under section 19 of Displaced Persons (Compensation and Rehabilitation) Act, 1958. If a question rises whether or not an evacuee property is attached to a charitable, religious or educational trust or institution, the matter, under subsection (3) of section 4 of the Act, 1958 has to be referred to the Chief Settlement Commis­sioner whose decision thereon, it is provided in subsection (3) ibid, "shall be final and shall not, except as provided in sub­section (4), be called in question in any Court". Sub­section (4) lays down : "Any person aggrieved by an order under subsection (3), may within thirty days of the order, prefer an appeal to the High Court". Subsections (3) and (4) were added to section 4 by the Displaced Persons Law Amend­ment Ordinance XIII of 1964. The provision of appeal in sub­section (4) of section 4 is quite independent of section 19 where under the period of limitation is 15 days as against 30 days under the former. If the Legislature had provided in the main Act that section 5 would be applicable to all proceedings under the Act, then even if subsections (3) and (4) were added subse­quently, the appeal under section 4(4) from the order of the Chief Settlement Commissioner to the High Court would have been governed by the provisions of section 5 of the Limitation Act. This, however, is not the case here. Sections 5 and 12 have…

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