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5. Procedure for transfer of certain other deposits to Pakistan.-

(1) Where either on a request received in this behalf from any such officer or authority in Pakistan as may be specified in this behalf by the Central Government by notification in the Official Gazette, or on any other information available to him, the Custodian is of opinion that there is a transferable deposit to which the provisions of section 4 do not apply, he may send for the record relating thereto from any court or other authority and inspect the same.

(2) If after making any such inspection as is referred to in sub-section (1) and after making such further inquiry into the matter as may be prescribed, the Custodian is satisfied that the deposit is a transferable deposit within the meaning of this Act, he may by order, direct that the deposit shall be transferred to such authorised officer or authority in Pakistan as the Central Government may, by general or special order, specify in this behalf, and any court or other authority holding in its custody or under its control any such deposit shall comply with the direction.

(3) Notwithstanding anything contained in this section, where in respect of any deposit the extent of the right or interest of an evacuee in such deposit is not easily ascertainable or, having regard to the nature of the deposit, it is in the opinion of the Custodian not practicable to separate the right or interest of the evacuee from the right or interest of other persons in such deposit, the Custodian shall not transfer any part of the deposit to Pakistan.

Transfer of Evacuee Deposits Act, 1954 Back

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