Amendment status not verified — confirm the current text below against the official source.
(1) An evacuee may apply to a Board to have any evacuee property belonging to him and situate partly or wholly in the district or districts or part or parts thereof for which the Board has been constituted, managed by such Board. (2) As soon as may be after an application has been received under sub-section (1) the Board shall cause a public notice to be given in the prescribed manner calling for objections to the management of such property and for claims thereto. (3) If a dispute arises regarding the title to such pro- perty, the Board shall refer the parties to a Civil Court. (4) If no such dispute arises, the Board may for reasons to be recorded in writing refuse to grant such application or may grant such application in respect of the whole of the evacuee property mentioned in the application or a part thereof : Provided that in case of such refusal, the, evacuee may, in the prescribed manner, appeal to the Collector of the district concerned, or, where the Board is constituted for two or more districts or parts thereof, to the Collector of the district in which the office of the Board is situate and- such Collector may rescind, confirm or modify the order of the Board, and the decision of the Collector on such appeal shall be .final. (5) Where such an application is granted, a Board shall pass a formal order recording such fact and thereupon the whole of the evacuee property mentioned in the application or the part thereof in respect of which the application is granted, as the case may be, shall vest in the Board : Provided that where a Board grants an application in respect of a part of the evacuee property mentioned in the application, no such order shall be made except with the consent of the evacuee. (6) When any evacuee property has vested in the Board under sub-section (5), it shall not be competent for the evacuee to transfer any such property or part thereof by sale, gift, exchange, lease, mortgage or otherwise or to create any other incumbran.ce thereon until— (a) the property has been restored to him by the Board, UT (b) in case of urgency he has been permitted to do so by the Collector referred to in sub-section (4) pend- ing restoration of such property. (7) Where any evacuee property or a part thereof has vested in a Board under sub-section (5), the Board shall, as soon as may be, give public notice of the fact in the prescribed manner. The West Bengal Evacuees (Administration of Property) 5 Act, 1949. of 1949.] (Sections 9-11.) (8) Notwithstanding anything contained in section 14, the Board may, at any time, for reasons to be recorded in writing, relinquish charge of any property or any portion thereof vested in the Board and thereupon the property shall be restored to the owner thereof subject to the proviso to sub-section (1) of section 13: Provided that an appeal against an order of relinquish- ment may be preferred to the Collector of the District referred to in sub-section (4) in the prescribed manner and the decision of the Collector on such appeal shall be final.