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Section 23

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23 after to thi the ( ( shall perty withii ( such restor (-such if nec the pi in thf order (i ( the m sub-se subjee the ei 0 preset (t i ( his tit 24 evacw not la Comn Com a G shall < nient title a G such i evacut G such l if neci the pr in the order cant, (i ( sub-se possib sub-se, (« ( the ev sub-se, subjec the ev ; any i ; y icuee 23. Restoration of property io evacuee,—(1) An evacuee may at any time abili- after he returns to Assam but not later than the appointed day apply in writing to the Committee for the restoration of any of his evacuee property of which r the the Committee has taken charge. ested (2) As soon as may be after such application is received, the Committee and shall cause a public notice to be given in the prescribed manner that such prory or perty shall be restored to the applicant if no objections to his title are received within a date specified in such notice. if all (3) if no objections as aforesaid are received within the date specified in sp ed such notice, the Comm ittee shall make an order tha t the. evacuee prop erty be laged restored to the applicant. (4) if any objections as aforesaid are received within the date specified in such such notice, the Committee shall summarily decide such objections after calling, aud it if necessary, for a report from the Deputy Commissioner of the district in which the property or any part thereof is situated. If tlie Committee, after proceeding perty in the mann er aforesaid, rejects such objections, the Comm ittee shall mak e an the order tha t the evacuee property be restored to the applicant, n the (5) Upon an order under sub-section (3) or sub-section (4) being made, :e or the evacuee prop erty shall cease to vest in the Committee and shall, subject to sub-section (3) of section 22, vest in the applicant and the Comm ittee shall, subject to sub-section (7), be absolved of all furth er responsibility in respect of such the evacuee property. 'ested (6) The Committee shall, as soon as may be, give public notice in the such prescribed manner of any order made under sub-section (3) or sub-section (4). (7) Noth ing in this section -.hall affect the right of any person to establish his title in a competent Court. after any 24. Restoration or management of property to a certain class of returning nittee evacuees,—(1) An evacuee who returns to Assam after the appointed day but littee. not late r than the 31st day7 y7 7 of Decem ber 1953, may apply in writing to the : Committee for resto ratio n of management of his evacuee property of which the : Committee has take n charge. vided (2) As soon as may be after such application is received, the Comm ittee acuee shall cause a public notice to be given in the prescribed manner that the management of such prop erty shall be restored to the applicant if no objections to his mt a title are received within a date specified in such notice, not (3) If no objections as aforesaid are received within the date specified in t any such notice, the Committee shall make an order tha t the management, of the evacuee property be restored to the applicant. :asion (4) If any objections as aforesaid are received within the date specified in iperty such notice, the Comm ittee shall summarily decide such objections after calling, rts to if necessary, for a report from the Deputy Commissioner of the district in which, ondi- the property or any part thereof is situated. If the Committee, after proceeding or in in the manner aforesaid, rejects such objections, the Committee shall mak e an iperty ord er that the management of the evacuee property be restored to the app li- cant . ssors- (5) An order for restoration of management of an evacuee property under sub-section (3) or sub-section (4) shall be made 'with as much expedition as v, no possible and in any case within six months from the date of the application under bi() p e or : sub-section (1). t (6) Upon an order under sub-section (3) or sub-section (4) being made, holds the evacuee property shall cease to vest in the Committee and shall, subject to of a sub-section (3) of section 22, vest in the applicant and the Comm ittee shall, subject to sub-section (7), be absolved of all furth er responsibility in respect of the evacuee property. J - ~:X'.<-~ ... »" *7^, i? 0; C, ^ . ,. . The Committee shall, as soon as may be, give public notice in the prescribed manner of any order made under sub-section (3) or sub-section (4). Nothing in lliis section shall affect the right of any person to establish liis title in a competent Court. Possession to be delivered by force if necessary.—(1) If any evacuee property, the charge of which is take n by the Committee or in respect of which an order under sub-section (3) or sub-section (4) of section 23 has been made, is in the wrongful use or occupation of any person, the Deputy Commissioner shall, on application made to him by the Committee, cause such person to be evicted from such evacuee property and may use or cause to be used such force as may be necessary for the purpose. Any person in the wrongful use or occupation of such prop erty shall, in addition to being proceeded against under sub-section (1), be liable to pay to the Comm ittee damages for such wrongful use or occupation. Delegation of powers, duties and functions.—The Committee may delegate all or any of its powers, duties or functions unde r this Act or the rules made thereunder to an Administrative Officer to be performed or exercised within his jurisdiction. Control of Administrative Officers.—(1) All Administrative Officers shall be under the supervision and control of die Comm ittee and the Committee may, on its own motion or on application, review, rescind or vary any order of an Adm inistrative Officer. The Deputy Commissioner or such other officer as may be authorised by the State Government in this behalf shall have power to inspect the work of any Administrative Officer and the staff subo rdinate to him and examine any records, books of account or other documents main taine d by the Administrative Officer. President, members and Officers to be public servants.—The President, the othe r members of the Committee, every Administrative Officer and every other person duly appo inted under this Act or the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860). Bar of jurisdiction.—Save and except as expressly provided in this Act, no ord er of the State Government or of the Deputy Commissioner, or of the Committee or of an Administrative Officer, made or purported to be made thereunder, shall be questioned in any Court of law. Protection and indemnity.—(1) No suit or other legal proceeding shall lie against the Siate Government or any servant of the Stale Government for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. No suit, prosecution or other legal proceeding shall lie against the Committee or any person for anything which is in good faith done or inten ded to be done in pursuance of this Act or the rules made thereunder. No suit, prosecution or other legal proceeding shall lie again st the State Government or any servant of the State Government for anything which before the commencement of this Act, was in good faith done or intended to be done for the protection, preservation or managem ent of any property of an evacuee. Recovery of dues.—Any sum payable to the Deputy Commissioner or to the Committee unde r this Act or the rules made thereunder may be recovered as if the same were an arre ar of land revenue. Act to override other law.— — The provisions of this Act shall have effect notwithstanding anything to the contrary in any other law. ........ . . Ass, exe! to 1 Act acti b t! ( ;bc ish tee ch Je, ter be ce ilk to ay li y lie ed til y. i y in ;d of iy ze it, ry di y di tri 377 Power to make rules,—(1) The State Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide tor all or any of the following matters, namely (a) the form of an order by the Deputy Commissioner under sub-section f 1) of section 4 ; (b) the mann er in which the accounts referred to in sub-section (1) of