(1) No allotment shall be m a d e - fa) where the evacuee property consists of residential or business premises or vacant land situa ted within an urban area—for a period extending beyond the 7th day of February, 1951 ;
(b) where the evacuee property consists of land or homestead used for or in connec tion with agricu ltural purposes—for a period extending beyond the 7th day of Februar y, 1951.
(2) An allotment and the terms and conditions thereof shall be binding on the evacuee in respect of whose evacuee prop erty the allotment has been made , and also on the Comm ittee but only for the perio d for which the allo t ment is made.
(3) Noth ing in this Ac t shall be deemed to confer on any person to whom an allotment is made, any transferable right or the statu s of a tenant or of a lessee.
(4) No person to whom an allotment of any evacuee property is made, shal l remain on such property after the expiry of the period of allotmen t and any person so remaining, shall, if a Deputy Comm issioner’s Order in respec t of such prop erty is in force, be deemed to be wrongfully using or occupying such property within the meaning of clause (b) of sub-sect ion (2) of section 4.
6. Cancellation of Deputy Commissioner’s Order and delivery of posses sion,-—(1) An evacuee who returns to Assam before the expiry of the appo inted day may apply in writing to the Deputy Commissioner before the expiry of that d a y - fa) where a Depu ty Commissioner’s Order has been made in respec t of his evacuee property and such prop erty is not in the wrongful use or occupa tion of any person—for the cancellation of such orde r ;
(b) where a Deputy Commissioner’s Ord er has been mad e in respect of any of his evacuee property and such property is in the womgful use or occu pation of any person—for the cance llation of such orde r and for the delivery of possession of such property, and
(c) where any of his evacuee property is in the wrongful use or occu pa tion of any person—for the delivery of possession of such proper ty.
(2) Upo n an application as aforesaid being made the Deputy Comm is sioner shall—
(a) in cases coming under clause (a) or (b) of sub-section (1) cancel the Deputy Commissioner’s O rd er ;
(b) in cases coming under clause (b) or (c) of sub-sect ion (1), cause the possession of such property to be delivered to the evacuee and may use or cause to be used such force as may be necessary for such pur pose.
(3) Where the Depu ty Commissioner is of opinion tha t the cancel lation of the Deputy Commissioner’s Order or the delivery of possession would not be feasible under sub-section (2), he shall report the case to the State Government and the State Government shall thereupon refer the case to the Minority Com mission cons tituted unde r Notif ication No.RHM.65 /50/14, dated the 4th June 1950, for advice. The State Government shall after considering such advice pass such ord er as it thin ks fit, so however, tha t if the State Government is of opinion that exceptional circumstances exist on account of which it would not be feasible to cancel the Deputy Commissioner’s Order or to cause the possession, of the evacuee property to be delivered, it shall take such steps for the adequate reha bilitation of the evacuee as it deems necessary.
(4) The cancellation of the Deputy Commissioner’s Order unde r clause (a) of sub-seetion (2) shall have effect subject to the provisions of sub-sect ion (2) of section 5.
7- Exceptions.—Nothing in section 6(2)(b) shall apply to the following
(a) an evacuee property of an evacuee, situated within a urb an area , if the evacuee left Assam prior to the 1st day of Janu ary, .1950, or 371
(b) an evacuee property which, at the time of his leaving Assam, was held by the evacuee as—
(i) a tenant-at-w ill or thika tenant or monthly tenant in an urban area , or
(ii) an adhiar in an area other than an urban area, if, on the date of receip t by the Deputy Commissioner, of an application unde r sub-section (1) of section 6, such properly is
(a) let out in cases falling under (i) above, or
(b) allowed to be cultivated in cases falling under (ii) above, by or with the authori ty of the immediate landlord of the evacuee to a person other than the evacuee,
8. Exemption of evacuee property from attachment, etc,—(1) No evacuee proper ty shall be liable to attachment , distr aint or sale in execution of a decree or order of a Cour t, or any other authority, while a Deputy Commissioner’s Order is in force in respec t of such proper ty.
(2) In comput ing the period of limitation applicable to any suit, appea l or application in respect of any evacuee proper ty, the time during which a Deputy Commissioner’s Order remains in force in respect of such property shall be excluded.
9. Expenses incurred by the Deputy Comnrissfuner,—(1) Any expenses in curred by the Deputy Commissioner in the exercise or discharge of any powers, duties or functions under this Act or the rules made thereunder, in respect of any evacuee property shall be the first charge on the receipts derived from such property and any such expenses may be recouped by the Deputy Commis sioner out of such receipts.
(2) Subject to the provisions of sub-section (1) any land revenue , rent or ccss payab le in respect of such proper ty shall have priority over oth er charges on the receipts derived from such property.
(0. Maintenance of accounts ami payment (<> the evacuee or his suceesssor ,—
(1) The Deputy Commissioner shall, in the prescribed manner maintain an account of the receipts derived from and the payments made in respect of every evacuee property, while a Deputy Commissioner’s Order is in force in respect of such property .
(2) Upon the cancel lation of a Deputy Commissioner’s Order under sec tion 6 or upon a. Deputy Commissioner's Order standing cancelled under su b section (4) of section 18, the Deputy Commissioner shal l pay to the evacuee in respect of whose evacuee property the Deputy Commissioner’s Ordci was made, or his successor-in-in terest, as (lie case may be, the balance which remains afte r deducting the payments made in respect of such property from the receipts derived from such property.
11. Delegation of Powers by the Deputy Commissioner,—The Deputy Com missioner may, with the prior approval of the State Government , by general or special order , delegate all or any of his powers, duties or functions under this A d or the rules made thereunder to such officer of the State Government as he thinks fit.