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Section 1

The West Bengal Evacuee Property Act, 1951State Act of West Bengal · Act 5 of 1951

(1) This Act may be called the West Bengal Evacuee Property At 1951.

(2) It extends to the whole of West Bengal.

(3) It shall come into force immediately on the West Bengal Evacuee Property Ordinance, 1951, ceasing to operate.

Short title, extent and comm encement.

(4) It shall not apply to any property acquired or requisitioned by the State Government for the purposes of the State or for any public purpose.

2. In this Act, unless there is anything repugnant in Definitions.

the subject or context,—

(a) "allotment" means the grant by the Collector of a temporary right to use and occupy any property otherwise than by way of lease;

(b) "appointed day" means the 31st day of March, 1951;

(c) "evacuee" means a person ordinarily resident in West Bengal who on account of communal disturbances or the fear of such disturbances leaves, or has after the 15th day of August, 1947, left, West Bengal, for any place in Pakistan and includes the legal heirs of such person;

"property" means immovable property;

(e) "prescribed" means prescribed by rules made under this Act* en. Act V- of

366.

en. Act . of

366.

(f) "the Col r" used in relation to any property means,

(i) whe& the property is situated within Calcutta defined in section 3 of the Calcutta Police 1866 or within the suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866— the Commissioner of Police, Calcutta, or an officer appointed in this behalf by the State Government to perform all or any of the functions of a Collector under this Act;

2 The West Bengal Evacuee Property Act, 1951.

[West Ben. Act (Sections 3, 4.)

(ii) where the property is situated elsewhere than as aforesaid— the Collector of the district within which the property is situated, or an Additional District Magistrate of such district, appointed in this behalf by the State Government to perform all or any of the functions of a Collector under this Act;

(g) "the Committee" means the Evacuee Property Management Committee for West Bengal constituted under sub-section (1) of section 11;

(h) "urban area" means Calcutta as defined in clause

(11) of section 3 of the Calcutta Municipal Act, 1923 or any place where the Bengal Municipal Act, 1932, is in force and includes any other area declared by the State Government to be an urban area for the purpose of this Act, by notification in the Official Gazette.

Ben. Act III of

1923.

Ben. Act XV of

1932.

Evacuee property.

3. Every property of an evacuee lying in West Bengal, other' than property in charge of the Court of Wards, is hereby declared to be evacuee property.

Powers and duties of Collector.

Where this provision sits

ActThe West Bengal Evacuee Property Act, 1951
Section1
JurisdictionState of West Bengal
StatusIn force as published by the source

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