(1) An evacuee or any person claiming to be his heir or any person to whom any property has been transferred under sub-section (6) of section 8 may -at any time make an application in writing to the Board for restoration to him of the property of the evacuee vested in the Board.
(2) On receiving such application, the Board shall cause public notice to be given in the prescribed manner that the - property shall be restored to the applicant on a date not 'earlier than thirty days from the date of the notice.
(3) If a dispute arises regarding the title to such property by inheritance, the Board sall refer the parties to a civil court and on determination of title of any person or persons to such property by the civil court, the Board shall restore the property to the said person or persons and the property shall thereupon vest in such person or persons subject to the proviso to sub-section (1) of section 13 and all further resticinsibility of the Board in respect of such property shall thereafter cease.
(4) If no such dispute arises, the Board shall make a formal order restoring such property to the applicant. On such order being made the property shall vest in such person subject to the proviso to sub-section (1) of section 13 and all further responsibility of the Board in respect of such property shall thereafter cease:
Provided that no such order shall be made unless provision has been made in the prescribed manner for the recovery of any amount due to the Board in respect of the property or the management thereof.
The West Bengal Evacuees (Adnnistration of. Property) 7.
Act, 1949.
of 1949j (Sections 15-19.)
(5) Where any property has. been vested in any person under sub-section (3)- or sub-section (4), a Board shall cause public notice to lie given in the prescribed manlier.
(6) It shall not be incompetent—
(a) for any person to make an application for restoration of any -property under sub-section (1), or
(b) for a Board to make an order restoring any property to any ,person under. sub-section (3) or subsection (4) only on the ground that such person may, for the time being, reside outside India.
15. Every Chairman or member of a Board, every chairmen, Administrative Officer and every other: person duly appointed members under this Act or the rules made thereunder shall be deemed and officers to be a public servant within the meaning of section 21 of to be Aot XLV the Indian Penal Code. public servants.
of 1860.