Section 9: Reception in Pakistan of deposits transferred from India

9. Reception in Pakistan of deposits transferred from India.___ (1) It shall be lawful for the Custodian to receive and hold in his custody any deposit transferred by any such officer or authority in India as may be specified by the 1[Federal Government] by general or special order as being a deposit belonging to any refugee. (2) On receipt of any such deposit as is referred to in sub-section (1), the Custodian shall cause notice thereof to be given in such manner as may be prescribed to all persons who may appear to be interested in the deposit, and after giving a reasonable opportunity to such persons to be heard in the matter and after inspecting any such record relating to the deposit as may be transferred from India, dispose of the deposit in the manner following, that is to say,___ (a) if the claimant, where there is only one claiming and entitled to the deposit, or if all the claimants, where there are more than one, appear before the Custodian and there is no dispute as to the distribution of the deposit, the Custodian shall pay the deposit to that claimant, or, as the case may be, distribute the deposit among the claimants in the manner agreed to by them ; (b) if all the claimants do not appear before the Custodian or if all such claimants appear but do not agree as to the person or persons entitled to the deposit or to the distribution of the deposit among them the Custodian shall forward the deposit and the records relating thereto to the principal Civil court of original jurisdiction within whose jurisdiction all or the largest number of claimants reside, or where the claimants residing within the jurisdictions of two or more of such courts are equal in number, to the court which in the opinion of the Custodian shall best serve the convenience of the claimants. (3) The court to which a deposit and any record relating thereto are forwarded under sub- section (2), shall proceed to deal with the matter as if the deposit had been made in compliance with an order made by it in a proceeding before it and, after making such further inquiry into the matter as it may think fit, award the deposit to the person or distribute it among the persons who in its opinion is or are entitled thereto. 1Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Sch. (4) Any party aggrieved by an order made by a court under sub-section (3) may appeal against the order if the value of the claim made in the appeal exceeds two thousand rupees as against an appealable decree or, where the value of the claim is less, apply for a revision as against in non-appealable decree ; and the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), and of the Court Fees Act, 1870 (VII of 1870), shall apply accordingly to such appeal or application for revision. (5) The disposal of any deposit in accordance with the provisions of this section shall discharge the Custodian from any liability to any person in respect of the deposit.

Effective date: 1956-01-01

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