Amendment status not verified — confirm the current text below against the official source.
Cancellation of Deputy Commissioner’s Order and delivery of posses sion,-—(1) An evacuee who returns to Assam before the expiry of the appointed day may apply in writing to the Deputy Commissioner before the expiry of that d a y - fa) where a Deputy Commissioner’s Order has been made in respect of his evacuee property and such property is not in the wrongful use or occupation of any person—for the cancellation of such order ; (b) where a Deputy Commissioner’s Order has been made in respect of any of his evacuee property and such property is in the womgful use or occupation of any person—for the cancellation of such order and for the delivery of possession of such property, and (c) where any of his evacuee property is in the wrongful use or occupa tion of any person—for the delivery of possession of such property. (2) Upon an application as aforesaid being made the Deputy Commis sioner shall— (a) in cases coming under clause (a) or (b) of sub-section (1) cancel the Deputy Commissioner’s Ord er ; (b) in cases coming under clause (b) or (c) of sub-section (1), cause the possession of such property to be delivered to the evacuee and may use or cause to be used such force as may be necessary for such pur pose. (3) Where the Deputy Commissioner is of opinion that the cancellation of the Deputy Commissioner’s Order or the delivery of possession would not be feasible under sub-section (2), he shall report the case to the State Government and the State Government shall thereupon refer the case to the Minority Com mission constituted under Notification No.RHM.65/50/14, dated the 4th June 1950, for advice. The State Government shall after considering such advice pass such order as it thinks fit, so however, that if the State Government is of opinion that exceptional circumstances exist on account of which it would not be feasible to cancel the Deputy Commissioner’s Order or to cause the possession, of the evacuee property to be delivered, it shall take such steps for the adequate reha bilitation of the evacuee as it deems necessary. (4) The cancellation of the Deputy Commissioner’s Order under clause (a) of sub-seetion (2) shall have effect subject to the provisions of sub-section (2) of section 5. 7- Exceptions.—Nothing in section 6(2)(b) shall apply to the following (a) an evacuee property of an evacuee, situated within a urban area, if the evacuee left Assam prior to the 1st day of January, .1950, or 371 (b) an evacuee property which, at the time of his leaving Assam, was held by the evacuee as— (i) a tenant-at-will or thika tenant or monthly tenant in an urban area, or (ii) an adhiar in an area other than an urban area, if, on the date of receipt by the Deputy Commissioner, of an application under sub-section (1) of section 6, such properly is (a) let out in cases falling under (i) above, or (b) allowed to be cultivated in cases falling under (ii) above, by or with the authority of the immediate landlord of the evacuee to a person other than the evacuee,