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Section 9

The West Bengal Evacuees ( Administration Of Property ) Act, 1949State Act of West Bengal · Act 18 of 1949

(1) Subject to the provisions of this Act, a Board shall have all the rights and liabilities and powers of an owner in respect of any property vested in it for the management and protection thereof.

(2) A Board shall take such measures as may be reasonably necessary for the good management and protection of any property vested in it, for the assertion of title thereto and for obtaining possession thereof and may for such purposes do all acts and incur all expenses which are necessary or incidental.

(3) (i) A Board shall maintain a separate account of the property of each evacuee , or group of evacuees whose properties vested in it have been jointly managed in the past or who may apply in writing 'for such joint management and shall cause to be made therein entries of all receipts and payments.

(ii) The accounts shall be maintained in such form and manner as may be prescribed.

(iii) The Provincial Government shall cause such accounts to be inspected and audited at such intervals and by such persons as may be prescribed. The cost of such audit and inspection shall be met by the Board according to the prescribed scale.

(iv) A. copy of the audited account of the property of each evacuee shall be supplied to him by the Board within two months of the completion of the audit.

(4) A Board shall remit to each evacuee in such manner and at such intervals as may be prescribed, the income of any property of the evacuee, vested in the Board, after deducting therefrom all sums properly debitable to such income.

10. Every payment made, after the publication of a Certain notice under sub-section (7) of section 8 on account of any payments amount due to the evacuee in respect of any property vested to be null in the Board, save and except to the Board or some person and void.

appointed by the Board, shall be null and void.

11. All sums due to Government under this Act shall be Realisation recoverable as arrears of public demands : of dues of • Govern-

Provided that the provisions of this section shall be in merit.

addition to, and not in derogation of, any other law for the time being in force.

Rights, powers and duties of a Board.

Restrictions on the powers of a Board.

• • Exemption from attachmeat, etc.

6 The: 'West Bengal Evacuees (Ad/ministration of Property) Act; 1949.

[West Ben. Act XVIII (Sections 12-14.)

12. NO property vested in a Board, shall be liable to attachment, -distress or sale in execution of a decree or order of a court or any other authority other than for arrears of revenue except with the permission in writing of the Collector of the district in which such property is situate.

-1":13; (1) Subject 'to the provisions of sub-se-dim) (2) of :See-Lion " a Board' shall not be entitled to transfer any inimoVeable. property Of an evacuee Vested in it, except with the Written -Consent 'of the evacuee:

Provided_ that a Board may without such consent grant 'leases for periods not exceeding three months in the case of residential premises and for periods not exceeding one year in the case of land used for agricultural purposes and notwithstanding anything contained in any other law for the time :being-in force-, the lessee in respect of such property shall -be liable to be evicted, at the expiry of the term of the lease.

(2) A Board shall not be entitled to carry on the business of an evacuee vested in it except only for the purpose of winding up such business and for liquidating the stocks.

Restoration of property.

Where this provision sits

ActThe West Bengal Evacuees ( Administration Of Property ) Act, 1949
Section9
JurisdictionState of West Bengal
StatusIn force as published by the source

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