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Management by the Committee,-—(I) The Committee may take charge of any evacuee property of an evacuee in the following cases—-
(a) where a report is received from the Deputy Commissioner unde r clause (d) of sub-section (2) of section 4, or
(b) where the State Government has taken steps for the rehabilitation of the evacuee unde r sub-section (3) of section 6, or
(c) where before the appointed day the evacuee makes a declaration before the prescribed authority of bus intention not. to retu rn to Assam, or
(d) where after the appointed day the evacuee has not returned to Assam, whether there is or not a declaration by the evacuee of his intention not to return or whether there is or is not an application to the Committee to take charge of his property.
Before taking charge of an evacuee property, the Committee shall cause a public notice to be given in tire prescribed man ner calling for objections to the taking of charge of such property by the Committee to be filed before the Committee within a date specified in such notice.
If after considering the objections filed within the date specified in such notice the Committee is of opinion tha t there is a dispute as to whether such property is the property of the evacuee, the Comm ittee shall refer such dispute to the Deputy Commissioner for summary enquiry and decision.
If there is no such dispute as aforesaid or if the Deputy Commissioner on being referred to und er sub-section (3), decides tha t such property is the property of the evacuee, the Comm ittee shall pass an order directing that the charge of the property be taken by the Committee and thereupon such property shall, subject to the provisions of sub-section (2) of section .5, vest in the Com mittee and any Deputy Comm issioner's order made in respect of such property shall stand cancelled
Where any evacuee property vests in the Committee unde r sub-section (4), the Comm ittee shall, as soon as may be, give public notice of the fact in the prescribed manner.
. Notwithstanding anything contained in the foregoing provisions of this section, the Comm ittee shall not take charge of any evacuee property if the evacuee being the sole owner or the entire body of co-sharer owners of such property, objects to the charge thereof being taken by the Committee and furnishes evidence to the satisfaction of the Comm ittee that adeq uate arrange-
ments have been made for the management and proper utilisation thereof. (7) Nothing in this section shall affect the right of any person to establish his title in a competent Court.
Power of evacuee to dispose of property,-—(T) An evacuee, whose pro perty has vested in the Comm ittee, may. if he has an absolute transfer ably right therein according to the law in force for the time being, at any time dispose of such property by sale, exchange, gift or otherwise but not by way of lease or bv unsufructuary mortgage.
Upon such disposition as aforesaid, the evacuee shall intimate the Committee thereof and the Committee shall as soon as may be, cause a public notice to be given in the prescribed manner.
A disposition as aforesaid shall, subject to the provisions of subsection (2) of section 5 and sub-section (3) of section 22, take effect on and from the date of the publication of the notice referred to in sub-section (2) and on and from tha t date the evacuee property shall cease to vest in the Committee and the Committee shall be absolved from all further responsibility in respect
Power, rights and liabilities of the Committee—(1) Notwithstanding any other provision of this Act, the Committee shall have, in respect of any evacuee prop erty of an evacuee vested in it, only such rights, interest, powers and liabilities as the evacuee had over such property.
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The Comm ittee shall take such measures as may be necessary for the 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
good management and protection of any evacuee property of an evacuee vested incidental.
(i) The Committee shall main tain in the prescribed form, accounts of all ' evacuee property vested in it, a separate account being main tained in respect ■; of each evacuee or where the property of a body of co-sharer evacuees is managed
jointly, in respect of each such body of co-sharer evacuees.
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(ii) The State Government shall cause accounts to be audited at such | intervals and by such person as may be prescribed. The cost of such audit
shall be paid by the Committee according to the prescribed scale.
(iii) A copy of the audited accounts as aforesaid of the evacuee property shall be supplied to the evacuee or the body of co-sharer evacuees by the | Committee on application and the audited accounts shall also be available in the ' prescribed manner for inspection by the evacuee or any co-sharer evacuee or
any agent of the evacuee or a co-sharer evacuee authorised in writing.
The Committee shall pay to an evacuee in such man ner and at such interv als as may be prescribed, the receipts derived from his property vested in the Committee, after deducting therefrom all sums debitable to such
receipts.
Certain payments not to be valid discharge.—No payment made, after publication of a notice under sub-section (5) of section 18, on account of any p
Restrictions on transfer by Committee.—(1) Save and except as provided in sub-section (2), the Comm ittee 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 part thereof was made, except where the Deputy Commissioner reports to tions of such allotment, or where such property consists of land used for or in ( connection with agricultural purposes, neglected to cultivate such property 3
the Comm ittee tha t such person comm itted a breach of the terms and condiproperly.
A lease as aforesaid shall be binding on the evacuee and his successorsin-interest but only for the period for which the lease is granted.
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 heritable or
transferable right to any person to whom it is granted. "
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 order of a competent Court of law.
Roop's Law Assist