The West Bengal Evacuee Property Act, 1951
west-bengal · 1951
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the West Bengal Evacuee Property At 1951
- S. 2In this Act, unless there is anything repugnant in Definitions
- S. 3Section declares all evacuee's properties in West Bengal, except those under Court of Wards, as evacuee property.
- S. 4Section 4 empowers the Collector to protect and manage evacuee property, and to remove unauthorized occupants.
- S. 5Section 5 allows evacuees to apply to the Collector for the cancellation of property orders and possession recovery of evacuee property in West Bengal.
- S. 6Section 6 exempts certain evacuee properties in urban areas from section 5's provisions if the evacuee left West Bengal for Pakistan before January 1, 1950.
- S. 7Section 7 prevents attachment or sale of evacuee property while a Collector's Order is active, and excludes this period from limitation calculations.
- S. 8Section 8 states that expenses incurred by the Collector for evacuee property are first charged against its receipts.
- S. 9Section 9 mandates the Collector to maintain and settle accounts for evacuee properties upon order cancellation.
- S. 10Section 10 allows the Collector to delegate powers, duties, or functions under the Act to any State Government officer.
- S. 11Section 11 establishes an Evacuee Property Management Committee in West Bengal, appointing its President and members.
- S. 12Section 12 details the resignation and removal procedures for non-President members of the West Bengal Evacuee Property Committee.
- S. 13Section 13 allows the Committee to make regulations with state approval and continue operations despite member vacancies, except the President.
- S. 14Section 14 allows the Committee to appoint administrative officers and staff, with state government approval, and requires officers to provide security.
- S. 15Section 15 details allowances for committee members and remuneration for staff, as determined by the State Government.
- S. 16Section 16 outlines how expenses for the Committee and advances from the State Government are funded and prioritized on evacuee property.
- S. 17Section 17 outlines conditions and procedures for the West Bengal Evacuee Property Committee to take charge of evacuee properties.
- S. 18Section 18 allows evacuees to sell, exchange, gift, or mortgage their vested property, but not lease it, and requires notification to the Committee.
- S. 19Section 19 grants the Committee rights and duties to manage, protect, and account for evacuee property vested in it.
- S. 20Section 20 states that payments made after a notice under section 17 do not discharge liabilities except to the Committee or its appointee.
- S. 21Section 21 of the West Bengal Evacuee Property Act, 1951 allows the Committee to lease evacuee property with certain conditions, but not without the evacuee's consent.
- S. 22Section 22 allows evacuees to apply for the restoration of their property, with the Committee deciding on objections and ordering restoration if none are raised.
- S. 23Section 23 mandates the Collector to reclaim evacuee property from wrongful occupants and impose damages.
- S. 24Section 24 allows returning evacuees to apply for restoration of management of their property taken by the Committee.
- S. 25The West Bengal Evacuee Property Act, 1951 allows state government delegation of powers to the Board of Revenue or a Commissioner, and committee delegation to an Administrative Officer.
- S. 26Section 26 grants the Committee and Collector oversight to review or rescind Administrative Officers' orders and inspect their work.
- S. 27Section 27 deems all appointed officials under the Act as public servants under the Indian Penal Code.
- S. 28Section 28 allows sums payable under the Act to be recovered as public demand arrears.
- S. 29Section 29 prevents legal challenges to orders made under the West Bengal Evacuee Property Act, except as specified.
- S. 30Section 30 provides immunity from legal proceedings for actions taken in good faith under the West Bengal Evacuee Property Act, 1951.
- S. 31The West Bengal Evacuee (Administration of Repeal of Act XVIII Property) Act, 1949, is hereby repealed
- S. 32The provisions of this Act shall have effect This Act notwithstanding anything to the contrary in any other la'w
- S. 33Section 33 ensures continuity of actions under the West Bengal Evacuee Property Act, validating prior actions under the Ordinance.
- S. 34(1) The State Government may make rules for carrying out the purposes of this Act
- S. 366Section 366 designates specific officers to perform Collector functions for evacuee property management in Calcutta and other districts.
- S. 1923Ben
- S. 1932Evacuee property
- S. 1951[Passed by th,e West Bengal Legislature