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

Section: 2(6)

Displaced Persons (Compensation and Rehabilitation) Act (XXVI1I of 1958), S. 2(6), second proviso & Sched., Part I- Words "provided that the rent and other public dues . . . . . have been paid by the occupant from the date of his occupation" occurring in Central Government Notification dated 13-10-59-Interpretation Payment of public dues not condition precedent for making a person eligible for transfer of property-Payment of public dues although a necessary condition to be fulfilled by applicant yet condition need not necessarily be fulfilled at time of making application for transfer or before transfer of property. For the purpose of making application for transfer of a house or shop under the Displaced Persons (Compensation and Rehabi litation) Act, the payment of public dues in respect of the property is not a condition precedent. The reason is that the second proviso to the definition of 'possession' contained in section 2(6) of the Displaced Persons (Compensation and Rehabi litation) Act consists of two parts. The first part permits the creation of a class or classes of persons who may be deemed to be in possession and the second part permits the prescription of those conditions the fulfilment of which would be necessary. In deference to these two parts of the second proviso the notifica tion dated the 13th of October 1959, issued by the Central Government has been prepared in two parts. The main part deals with the creation of a class or classes of persons and the second part prescribes conditions. The result is that eligibility is deter mined by the first part but the fulfilment of the prescribed conditions is compulsory. They can be fulfilled after making the applications for transfer and even after the orders of transfer. The words "have been paid" which occur in the proviso to the notification have in fact given an elasticity to the proviso in order to make it capable of the interpretation that the public dues can be paid without rigid restriction of time limit. Qamar Din v. Zawar Hussain P L D 1964 Lah. 185 ; Bashir Ahmad v. Khushi Muhammad P L D 1963 Lah. 507 ; Gul Mohammad v. Settlement Commissioner, Karachi P L D…