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Section 22: Restrictions on transfer by Committee

The Assam Evacuee Property Act, 1951State Act of Assam · Act 11 of 1951

(1) Save and except as provided in sub-section (2), the Committee shall not be entitled to transfer any evacuee prop erty vested in it, except with the written consent of the evacuee.

(21 Subject to sub-section (1) of section 20, the Committee may grant a lease of any evacuee prop erty vested in it or pa rt thereof for a period not , exceeding three months in urban areas and twelve months in other cases, at any one time :

Provided that in granting such lease the Committee shall on each occasion give the first preference to the person to whom any allotment of such property or a par t thereof was made, except where the Deputy Commissioner reports to the Comm ittee tha t such person comm itted a breach of the terms and condi­ tions of such allotment, or where such property consists of land used for or in ( connec tion with agricultura l purposes , neglected to cultivate such property 3 proper ly.

(3) A lease as aforesaid shall be binding on the evacuee and his successorsin-interes t but only for the period for which the lease is granted.

(4) Notw ithstanding anything contained in this Act or any othe r law, no lease granted by the Comm ittee unde r this section shall confer a herit able or transferable right to any person to whom it is granted. "

(5) If the person to whom a lease is granted under sub-section (2) holds over after the expiry of the lease, he shall be liable to eviction by orde r of a competent Court of law.

23 after to thi the ( ( shall perty withii ( such restor (- such if nec the pi in thf order (i the m sub-se subjee the ei 0 prese t (t his tit 24 evacw not la Comn Com a G shall < nient title a G such i evacut G such l if neci the pr in the order cant, (i sub-se possib sub-se, (« the ev sub-se, subjec the ev 375 ; any icuee 23. Restoration of property io evacuee,—(1) An evacuee may at any time abili- after he returns to Assam but not later than the appointed day apply in writing to the Commit tee for the restora tion of any of his evacuee property of which r the the Committee has taken charge.

ested (2) As soon as may be after such application is received, the Committee and shall cause a public notice to be given in the prescribed manner tha t such prory or perty shall be restored to the applicant if no objections to his title are received within a date specified in such notice.

if all (3) if no objections as aforesaid are received within the date specified in sp ed such notice, the Comm ittee shall make an order tha t the. evacuee prop erty be laged restored to the applicant.

(4) if any objections as aforesaid are received within the date specified in such such notice, the Committee shall summarily decide such objections afte r calling, aud it if necessary, for a report from the Deputy Commiss ioner of the distric t in which the property or any par t thereof is situated . If tlie Committee, after proceeding perty in the manner aforesaid , rejects such objections , the Committee shall make an the orde r tha t the evacuee property be restored to the applicant, n the (5) Upon an order under sub-section (3) or sub-section (4) being made, :e or the evacuee prop erty shall cease to vest in the Committee and shall, subject to sub-section (3) of section 22, vest in the applicant and the Comm ittee shall, subject to sub-section (7), be absolved of all furth er responsibility in respect of such the evacuee property.

'ested (6) The Committee shall, as soon as may be, give public notice in the such prescribed manner of any order made under sub-section (3) or sub-section (4).

(7) Noth ing in this section -.hall affect the right of any person to establish his title in a competent Court .

after any 24. Restoration or management of property to a certain class of returning nittee evacuees,—(1) An evacuee who returns to Assam after the appo inted day but littee. not late r than the 31st day7 of Decem ber 1953, may apply in writing to the : Committee for resto ration of management of his evacuee property of which the Committee has take n charge.

vided (2) As soon as may be after such application is received, the Committee acuee shall cause a public notice to be given in the prescribed manner that the manage­ ment of such prop erty shall be restored to the applicant if no objections to his mt a title are received within a date specified in such notice, not (3) If no objections as aforesaid are received within the date specified in t any such notice, the Committee shall make an order tha t the management, of the evacuee property be restored to the applicant.

:asion (4) If any objections as aforesaid are received within the date specified in iperty such notice, the Comm ittee shall summarily decide such object ions afte r calling, rts to if necessary, for a report from the Deputy Commissioner of the district in which, ondi- the property or any par t thereof is situated . If the Commit tee, after proceed ing or in in the manner aforesaid , rejects such objections, the Committee shall mak e an iperty ord er that the management of the evacuee property be resto red to the app li­ cant .

ssors- (5) An order for restoration of management of an evacuee property under sub-sect ion (3) or sub-sec tion (4) shall be made ’with as much expedition as v, no possible and in any case within six months from the date of the application under e or : sub-section (1).

t (6) Upon an order under sub-section (3) or sub-section (4) being made, holds the evacuee property shall cease to vest in the Commit tee and shall, subjec t to of a sub-section (3) of section 22, vest in the applicant and the Comm ittee shall, subject to sub-section (7), be absolved of all furth er responsibility in respect of the evacuee proper ty.

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(7) The Committee shall, as soon as may be, give public notice in the prescr ibed manner of any order made under sub-section (3) or sub-section (4).

(8) Noth ing in lliis section shall affect the right of any person to establish liis title in a competent Court.

Where this provision sits

ActThe Assam Evacuee Property Act, 1951
Section22
Marginal noteRestrictions on transfer by Committee
JurisdictionState of Assam
StatusIn force as published by the source

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