(1) The salary and allowances of the President, the allowances of othe r members of the Committee the remunera- i tion of the Administ rative Officers and other staff and such other expenses as may be incur red by the Committee in the exercise or discharge of any of its powers, duties and functions under this Ac t or the rules made thereunder, in respec t of any evacuee property, shall be defrayed out of a levy at such rate, as may be prescribed, on the receipts derived from such property and shall, subjec t to the provis ions of section 9, be a first charge on such receipts.
(2) The State Government may from time to time make such advances to the Committee as may be necessary to enable it to function. All such advances shall be recoverable with interest at three per centu m per annum from the receip ts derived from the properties which may vest in the Comm ittee and shall subje ct to sub-section (1) be a charge on every and all such properties and shall have prior ity over all othe r charges on every and all such properties.
(3) The moneys received by the Committee from time to time unde r the provisions of this Ac t shall const itute a fund which may be decla red to be a “local fund” unde r sub-section (4) of Section 2 of the Assam Local Funds (Accounts and Audi t) Act. 1930, Assam Act II of 1930, by the State Govern ment.
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18. Management by the Committee,-—(I) The Committee may take charge of any evacuee proper ty of an evacuee in the following cases—-
(a) where a report is received from the Deputy Commissioner unde r clause (d) of sub-section (2) of section 4, or
(b) where the State Government has taken steps for the rehabilitation of the evacuee unde r sub-section (3) of section 6, or
(c) where before the appointed day the evacuee makes a decla ration before the prescr ibed authority of bus inten tion not . to retu rn to Assam, or
(d) where after the appointed day the evacuee has not returned to Assam, whether there is or not a declaration by the evacuee of his intention not to return or whether there is or is not an appl icat ion to the Committee to take charge of his property.
(2) Before taking charge of an evacuee property, the Committee shall cause a publ ic notice to be given in tire prescr ibed manner calling for object ions to the taking of charge of such property by the Committee to be filed before the Committee within a date specified in such notice.
(3) If after considering the objections filed within the date specified in such notice the Committee is of opinion tha t there is a dispute as to whether such property is the property of the evacuee, the Comm ittee shall refer such dispute to the Deputy Commissioner for summary enquiry and decision.
(4) If there is no such dispute as aforesaid or if the Deputy Commissioner on being referred to under sub-section (3), decides tha t such property is the property of the evacuee, the Committee shall pass an orde r directing that the charge of the property be taken by the Commit tee and thereupon such property shall, subject to the provis ions of sub-section (2) of section .5, vest in the Com mittee and any Deputy Commissioner’s orde r made in respect of such property shall stand cancelled
(5) Where any evacuee property vests in the Committee unde r sub-section
(4), the Comm ittee shall, as soon as may be, give publ ic notice of the fact in the prescribed manner.
(6) . Notwithstanding anything contained in the foregoing provisions of this section, the Committee shall not take charge of any evacuee property if the evacuee being the sole owner or the entire body of co-sharer owners of such property, objects to the charge thereof being taken by the Committee and furnishes evidence to the satisfaction of the Committee that adeq uate arrange ments have been made for the management and proper utilisation thereof.
(7) Nothing in this section shall affect the right of any person to establish his title in a competent Cour t.
19. Power of evacuee to dispose of property ,-—(T) An evacuee, whose pro perty has vested in the Committee, may. if he has an abso lute trans fer ably right therein accord ing to the law in force for the time being, at any time dispose of such property by sale, exchange, gift or otherwise but not by way of lease or bv unsufructuary mortgage.
(2) Upon such disposition as aforesaid , the evacuee shall intimate the Committee thereof and the Committee shall as soon as may be, cause a public notice to be given in the prescribed manner.
(3) A disposition as aforesaid shall, subject to the provisions of sub section (2) of section 5 and sub-section (3) of section 22, take effect on and from the date of the publication of the notice referred to in sub-section (2) and on and from tha t date the evacuee property shall cease to vest in the Committee and the Commit tee shall be absolved from all further responsibility in respect thereof.
20. Power, rights and liabilities of the Committee—(1) Notwithstanding any other provision of this Act, the Committee shall have, in respec t of any evacuee prop erty of an evacuee vested in it, only such rights , interest, powers and liabil i- ;
ties as the evacuee had over such property.
(2) The Comm ittee shall take such measures as may be necessary for the good management and protection of any evacuee property of an evacuee vested in it, for the assertion of title thereto and for obta ining possession thereof and ;
may for such purposes do all acts and incur all expenses which are necessary or incidental.
(3) (i) The Committee shall main tain in the prescribed form, accounts of all ’ evacuee property vested in it, a separate account being main tained in respect ■;
of each evacuee or where the property of a body of co-sharer evacuees is managed jointly, in respec t of each such body of co-sharer evacuees.
(ii) The State Government shall cause accounts to be audi ted at such | intervals and by such person as may be prescribed. The cost of such aud it shall be paid by the Committee according to the prescribed scale.
(iii) A copy of the audi ted accounts as aforesaid of the evacuee property shall be supplied to the evacuee or the body of co-sha rer evacuees by the | Committee on application and the audited accounts shall also be available in the ’ prescribed manner for inspection by the evacuee or any co-sharer evacuee or any agent of the evacuee or a co-sharer evacuee authori sed in writing.
(4) The Committee shall pay to an evacuee in such manner and at such intervals as may be prescribed, the receipts derived from his property vested in the Committee, afte r deducting therefrom all sums debitable to such receipts.