The Assam Evacuee Property Act, 1951

ASS AM ACT  XI  OF 1951  
*TH E ASSAM EV AC UE E PR OP ER TY  ACT , 1951 
[Published in the “Assam Gazette, Extraordin ary”, date d the 20th Apr il .19 51 ] 
An Act to provide lor certain matters relating to evacuee property
Whereas it is expedient to provide for certain matters relatin g to evacuee 
pr op erty;
It is hereby enacted as follows :—
1.  Short title, extent and commencement.— (1) This Act may be called the 
Assam Evacuee Property Act, 1951.
(2) It extends to the whole of Assam.
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything repugnant in the sub ­
ject or context—
(a) “ Adh iar ” means a person who under the system generally known, as 
A dh i (whether Guchi -adhi or Guti-a dhi), barg a, chukti, bhag  or 
chukani, cultivates the land  of another person on condition of deli­
vering a share  or quantity  of the produce of such land  to tha t pe rson ;
*For Statement of Objects and Reasons see “Assam Gazette” , 1951, Part V, 
page 36.
M M
S f e
 
369
(b) “allotment” means the grant by the Deputy Commissioner of the tem­
porary right to use and occupy any property otherwise than by yv ay  
of lease ;
(c) “ap pointed day” means the 31st day of March 1951 ;
(d) “the Com mitte e” means the Evacuee Property Managem ent Committee 
for Assam  constituted unde r sub-section (1) of section 12 of this A c t;
(e) “the Deputy Comm issioner” means the Deputy Commissioner of the
district within which the evacuee prop erty is situa ted ;
(ij “evacuee” means a person ordinarily resident in Assam  who on account 
of communal disturbances or the fear of such disturbances leaves, 
or has after the i5l h August 194 7 left, Assam, for any place in 
Pakistan and also includes his legal heir ;
(g) “pr operty” means immovable prop erty;
(ll) “prescribed” means prescribed by rules made under this A c t;
(1 ) “Urban are a” means any area included in a Municipality or a small
town constituted under the provisions of the Assam Municipal Act, 
19 23  (Assam Act 1  of 1923), and such other areas as may be notified 
by the State Government in the Official Gazette as urban areas for 
the purposes of this Act.
3. Evacuee property. —Every property in Assam  in which an evacuee has 
a right or interest othe r than—
(a) property in charge of the Cou rt of Wards, and
(b) property covered by an annu al patta in a tribal belt or tribal block, 
is hereby declared to be evacuee property.
4. Deputy Commissioner’s Order.—(1) th e Depu ty Commissioner or an 
officer to whom the powers of a Deputy Commissioner are delegated unde r 
section 11  of diis Act if he is satisfied with respect to any evacuee prop erty tha t 
such property is lying un-occupied. uncultivated or uncared for, or has come 
to be wrongfully used or occupied by any person, may make an orde r in the 
prescribed form, styled a Deputy Comm issioner’s Order in respect of such pro­
perty.
(2) While a Deputy Comm issioner’s  Order is m force in respect of any' 
evacuee property of an evacuee, the Deputy Commissioner, .subject to  any general 
or special orders of the State Governmen t,—
(a) may take such, measure as he considers necessary or exped ient for 
the purposes of managing, protecting and preserving such property 
and may for such purposes do such acts and incur such expenses as 
may be necessary or incidental ;
(b) may remove or cause to be removed by force if necessary, any person
who is wrongfully using or occupying such prop erty ;
(c) may, subject to the provisions of section 5, make any allotm ent of such
property or part there of to any person on such terms and conditions, 
as lie thinks fit ;
(d) shall report to the Comm ittee—
(i) if before the expiry of the appointed day. the evacuee makes to the 
Deputy Commissioner a declaration of his inten tion not to return to 
Assam—as soon as may be. after he receives such decla ration ;
(ji) if before the expiry of the appointed day, the evacuee does not mak e 
a decla ration to the Deputy Commissioner of his intention not to 
return to Assam—as soon as may be, after the appointed day.
5. Provisions as to allotments.— (1) No allotment shall be m a d e -
fa) where the evacuee prop erty consists of residential or business premises 
or vacant land situa ted within an urban area—for a period extending 
beyond the 7th day of February, 1951 ;
 
(b) where the evacuee property consists of land or homestead used for 
or in connection with agricultural purposes—for a period extending 
beyond the 7th day of Februar y, 1951 .
(2) An allotment and the terms and conditions thereof shall be binding 
on the evacuee in respect of whose evacuee prop erty the allotment has been 
made, and also on the Comm ittee but only for the perio d for which the allo t­
ment is made.
(3) Nothing in this Act shall be deemed to confer on any perso n to whom 
an allotment is made, any transferable right or the statu s of a tenant or of a 
lessee.
(4) No person to whom an allotment of any evacuee prop erty is made, 
shall remain on such prop erty after the expiry of the period of allotmen t and  any 
person so remaining, shall, if a Deputy Comm issioner’s Ord er in respect of such 
prop erty  is in force, be deemed to be wrongfully using or occupying such property 
within the meaning of clause (b) of sub-section (2) of section 4.
6. 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 Comm issioner before the expiry of 
that d a y -
fa) where a Depu ty Comm issioner’s Ord er has been made in respect of 
his evacuee property and such prop erty is not in the wrongful use or 
occupation of any person —for the cancellation of such orde r ;
(b) where a Deputy Commissioner’s Ord er has been mad e in respect of 
any of his evacuee prop erty and such prop erty is in the womg ful use 
or occu pation of any person—for the  cancellation of such orde r and 
for the delivery of possession of such property, and
(c) where any of his evacuee property is in the wrongful use or occu pa­
tion of any person —for the delivery of possession of such property.
(2) Upo n an application as aforesaid being made the Deputy Comm is­
sioner shall—
(a) in cases coming under clause (a) or (b) of sub-section (1) cancel the 
Deputy Commissioner’s O rd 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  Depu ty Commissioner is of opinion tha t the cancellation 
of the  Deputy Comm issioner’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 unde r Notification No.RHM.65 /50/14, dated the 4th June 
1950, for advice. The State Government shall after considering such advice pass 
such ord er as it thin ks fit, so however, tha t if the State Government is of opinion 
th at exceptional circumstances exist on account of which it would not be feasible 
to cancel the Deputy Commissioner’s Ord er or to cause the possession, of the 
evacuee propert y to be delivered, it shall take such steps for the  adequat e reha­
bilitation of the evacuee as it deems necessary.
(4) The  cancellation of the Deputy Comm issioner’ s Order unde r 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 prop erty of an evacuee, situ ated  within a urb an area, if the 
evacuee left Assam  prior to the  1st day of Janu ary, .19 50, or

37 1
(b) an evacuee prop erty which, at the time of his leaving Assam, was 
held by the evacuee as—
(i) a tenant-at-w ill or  thik a 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 receip t by the Deputy Commissioner, of an applic ation unde r 
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,
8. Exem ption of evacuee property from attachment, etc,—(1) No evacuee 
property shall be liable to attachment, distr aint or sale in execution of a decree 
or order of a Court, or any other authority, while a Deputy Commissioner’s  
Ord er is in force in respect of such property.
(2) In computing the period of limitation applicable to any suit, appeal 
or application in respect of any evacuee property, the time during which a Deputy 
Commissioner’ s Order remains in force in respect of such prop erty shall be 
excluded.
9. Expen ses incurred by the Deputy Comnrissfuner,—(1) Any expenses in­
curred by the Deputy Commissioner in the exercise or discharge of any powers, 
duties or functions under this Act or the rules made thereunder, in respect of 
any evacuee property shall be the first charge on the receipts derived from  
such prop erty and any such expenses may be recouped by the Deputy Comm is­
sioner out of such receipts.
(2) Subject to the provisio ns of sub-section (1) any land revenue, rent 
or ccss payab le in respect of such property shall have priority over oth er charges 
on the receipts derived from such property.
(0. Maintenance of accounts ami payment ( < >  the evacuee or his suceesssor, — 
(1) The  Deputy Commissioner shall, in the prescribed manner maintain an 
account of the receipts derived from and the payments made in respect of every 
evacuee property, while a Deputy Commissioner’s Order is in force in respect 
of such property.
(2) Upon the cancellation of a Deputy Commissioner’s  Order under sec­
tion 6 or upon a . Deputy Commissioner's Order standing cancelled under su b­
section (4) of section 18, the Deputy Commissioner shall pay to the evacuee in 
respect of whose evacuee prop erty the Deputy Comm issioner’s Ordci was made, 
or his successor-in-interest, as (lie case may be, the balanc e which remains after 
deducting the payments made in respect of such property from the receipts 
derived from such property.
11 . Deleg ation of Powers by the Deputy Commissioner,—The Deputy Com ­
missioner may, with the prior approval of the State Government, by general or 
special order, delegate all or any of his powers, duties or functions under this 
A d or the rules made there under  to such officer of the State Government as he 
thinks fit.
12 . Constitution of the Committee.—(11  The State Government shall, by 
notification in the Official Gazette, constitute an Evacuee Prope rty Management 
Comm ittee for Assam.
(2) The Committee shall consist o f a President and three other members,
(3) The President shall be an officer o f  the State Government appointed 
in this behalf by the State Government from time to time, and the other mem­
bers shall be appointed by the State Government from among the members of 
the Minority Community.
(4) The Comm ittee shall be a body corpo rate by the name of the  Evacuee 
Prope rty Management Comm ittee of Assam and shall have perpetual succession 
and a common seal and shall by the said name sue and be sued.
 
 
372
13. Resignation and removal of members and filling up of vacancies.-—(1 )
A member of the Committee, other than the President, may, by writing under j  
his hand, delivered to the prescribed officer of the State Government, resign his ;  
office after giving one month’s notice of his inten tion to resign.
(2) The State Government may at any time remove any member of the 
Committee on any of the following grounds, namely—
(a) tha t he has been convicted of an offence which, in the opinion of the i
State  Government, involves mora l turp itud e ;
(b) tha t he has applied to be adjudged or has been adjudged an insol­
vent ;
(c) that he, in the opinion of the State Government, is incompetent, or :  
incapable of or unfit to perform the duties of his office on account of i  
physical 'or mental infirm ity;
(d) tha t he, in the opinion of the State Government, has been mismanag- j 
ing the properties of which the Comm ittee has taken charge.
(3) In the event of a vacancy occurring in the office  of any member of the j 
Comm ittee, other than the President, by death, resignation, removal or other- i  
wise, the State Government shall fill up the vacancy in the manner provided in $ 
sub-section (3) of section 12 ,
14. Conduct of business of the Committee.— The Committee may, with the 
approva l of the State Governmen t, make regula tions for conducting its business 
and  may act notwithstanding any vacancy in the  office  of any mem ber othe r than 
th at of the  President :
Provided that the quorum  for a meeting of the Committee shall be two 
members, one of whom shall be the President.
15.  Offi cers  of the Committee.— The Committee may appoint with the 
approval of the State Governme nt such officers (hereinafter referred to as 
Adm inistrative Officers) as may be necessary for the proper discharge of its 
functions under this Act and way also app oint  such other staff as it considers j  
necessary.
16. Allowances of President and Members and remuneration of Officers.— g
(1) The memb ers of the Comm ittee shall not be entitled to any salary but may 2  
receive such allowances as may be fixed by the State Government.
(2) The  remu nera tion  of the Administrative Officers and of other staff shall be | 
such as may be fixed by the State Government.
17.  Expenses incurred by the Committee.— (1) The  salary and allowances of 
the President, the allowances of othe r members of the Comm ittee the remunera- i  
tion of the Administrative Officers and other staff and such other expenses as may 
be incur red by the Com mitte e in the exercise or discharge of any of its powers, 
duties and functions under this Act or the rules made thereunder, in respect of 
any evacuee property, shall be defrayed out of a levy at such rate, as may be 
prescribed, on the receipts derived from such property and shall, subject to the 
provisions of section 9, be a first charg e on such receipts.
(2) Th e State Government may from time  to time make such advances to 
the Committee as may be necessary to enable it to function. All such advances 
shall be recoverable  with interest at three per centu m per annu m  from the 
receipts derived from  the properties which may vest in the Comm ittee and shall 
subje ct to sub-section (1) be a charge on every and all such properties and shall 
have priority over all othe r charges on every and all such properties.
(3) The  moneys received by the Comm ittee from time to time unde r the 
provisions of this Act shall constitute a fund which may be decla red to be a 
“local fund” unde r sub-section (4) of Section 2 of the Assam Local Funds 
(Accounts and Audit) Act. 1930, Assam Act II of 1930 , by the State Govern­
ment.
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18. Management by the Committee,-— (I) The Committee may take charge 
of any evacuee property of an evacuee in the following cases— -
(a) where a rep ort 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 decla ration 
before the prescribed authority of bu s 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.
(2) 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.
(3) 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.
(4) 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 prop erty is the 
prop erty of the evacuee, the Comm ittee shall pass an orde r directing that the 
charge of the prop erty be taken by the Committee and thereupo n 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 orde r made in respect of such property 
shall stand cancelled
(5) 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.
(6) . Notw ithsta nding 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.
19. Power of evacuee to dispose of prop erty,-— (T) An evacuee, whose pro ­
perty has vested in the Comm ittee, may. if he has an absolute trans fer 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.
(2) Upon such disposition as aforesaid, the evacuee shall intimate the 
Comm ittee thereof and the Committee shall as soon as may be, cause a public 
notice to be given in the prescribed manner.
(3) A disposition as aforesaid shall, subject to the provisions of sub ­
section (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 
thereof.

20. 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 liabili- ; 
ties as the evacuee had over such property.
(2) The  Comm ittee shall take such measures as may be necessary for the 
good management and protection of any evacuee prop erty of an evacuee vested
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 
incidental.
(3) (i) The  Committee shall main tain in the prescribed form, accounts of all ’ 
evacuee prop erty 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.
(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 aud it 
shall be paid by the Committee according to the prescribed scale.
(iii) A copy of the audited accounts as aforesaid of the evacuee prop erty 
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.
(4) The Comm ittee shall pay to an evacuee in such man ner and at such 
interv als as may be prescribed, the receipts derived from his prop erty vested 
in the Committee, after deducting therefrom all sums debitable to such 
receipts.
21. 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 
amo unt due to the evacuee in respect of his property vested in the Committee 1  
save ' and except to the Comm ittee or some person appo inted by the Committee, 1  
shall cons titute  a valid discharge of any liability in respect thereof.
22. Restrictions on transfer by Committee.—(1) Save and except as provid ed 
in sub-section (2), the Comm ittee shall not be entitled to transfer any evacuee 
prop erty vested in it, except with the written conse nt of the evacuee.
(2 1 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 there of 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 prop erty 
or a par t thereof was made, except where the Deputy Commissioner reports to 
the Comm ittee tha t such perso n comm itted a breach of the terms and  condi­
tions of such allotm ent, or where such property consists of land  used for or in ( 
connection with agricultura l purposes, neglected to cultivate such property 3 
properly.
(3) A lease as aforesaid shall be binding on the evacuee and his successors- 
in-interest but only for the period for which the lease is granted.
(4) 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. "
(5) 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 orde r of a 
competent Court of law.
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375
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icuee  23. Restoration of property io evacuee,—(1) An evacuee may at  any time
abili- after he retur ns 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 Comm ittee has taken charge.
ested (2) As soon as may be after such application is received, the Comm ittee
and shall cause a public notice to be given in the prescribed manner that such pro-
ry or perty  shall be restored to the applic ant 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 prop erty or any par t 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 orde r 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 mann er 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 prop erty to a certain class of returning
nittee evacuees,—(1) An evacuee who retur ns to Assam  after the appointed day but 
littee. not late r than the 31st day 7 of Decem ber 1953, may apply in writing to the 
: Comm ittee for resto ratio n of management of his evacuee property of which the
Comm ittee 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 manage­
ment of such prop erty shall be restored to the applicant if no objections to his
m t 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 Com mitte e 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 par t thereof is situated. If the Committee, after proceeding
or in in the manner aforesaid, rejects such objections, the Comm ittee shall mak e an
iperty ord er that the management of the evacuee prop erty be restored to the app li­
cant .
ssors- (5) An order  for restoration of mana gement of an evacuee propert y 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 applic ation under
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.
 
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(7) The Comm ittee 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).
(8) Nothing in lliis section shall affect the right of any person to establish 
liis title in a competent Court.
25. Possession to be delivered by force if necessary.— (1) If any evacuee 
prop erty, the charg e 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 occup ation 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.
(2) Any person in the wrongful use or occup ation of such prop erty shall, 
in add ition to being proceeded against under sub-section (1), be liable to pay to 
the Comm ittee damages for such wrongful use or  occupation.
26. 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.
27. Control of Administrative Officer s.—(1) All Administrative Officers shall 
be under the supervision and control of die Comm ittee and the Committee may, 
on its own motio n or on applic ation, review, rescind or vary any order of an 
Adm inistrative Officer.
(2) The  Deputy Commissioner or such other officer as may be autho rised 
by the State Governme nt in this behalf shall have  power to inspect the work of 
any Adm inist rativ e Officer and the staff subo rdinate to him and examine any 
records, books of account or other documents main taine d by the Administrative
Ass ,
Officer.
28. President, members and Offi cers  to be public servants.—The President, 
the othe r members of the Committee, every Administrative Officer and every 
other person duly appo inted unde r 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).
29. Bar of jurisdiction.— Save and except as expressly provided in this Act, 
no ord er of the State Governme nt or of the Deputy Commissioner, or of the 
Committee or of an Administrative Officer, made or purp orted to be made 
thereunder, shall be questioned in any Cou rt of law.
30. Protection and indemnity. —(1) No suit or other legal proceeding shall 
lie against the Siate Governme nt or any servant of the Stale Government for 
anything which is in good fait h done  or intended to be done in pursuance of 
this Act or the rules made thereunder.
(2) 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 purs uance of this Act or the rules made thereunder.
(3) No suit, prosecution or other legal proceeding shall lie again st the 
State Governme nt or any servan t 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 prop erty of an 
evacuee.
31. 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.
32. Act to override other law. —The  provisio ns of this Act shall have effect 
notwithstanding anything to the contrary in any oth er law.
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33. 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 unde r sub-section 
f 1)  of section 4 ;
(b) the mann er in which the accounts referred to in sub-section (1) of 
section 10  shall be maintained.;
(c) the officer to whom the writing referred to in sub-section (1) of section
13  shall be delivered ;
(d) the rate of the levy referred to in sub-section (1) of section 17 ;
(e) the manner in which a public notice shall be given under sub-section 
(2) or sub-section (5) of section 18 , sub-section (2) of section 19, sub­
section (2) or sub-section (6) of section 23 or sub-section (2) or sub­
section (7) of section 24 ;
(f) the form in which accounts referred to in clause (i) of sub-section (3)
of section 20 shall be maintained, the intervals at which and the 
persons by whom such accounts shall be audited under clause (ii) of 
tha t sub-section and the scale referred to in tha t clause ;
(g) the man ner in which audited accounts shall be available for inspec­
tion under clause (iii) of sub-section (3) of section 20 ;
(h) the manner in which and the intervals at which the paym ent under 
sub-section (4) of section 20 shall be made r
(i) any other matter required to be prescribed under this Act.
34. Repeal and Saving.—(1) The Assam Evacuee Property Ordin ance, 1951 
Assam Ordin ance No.I of 1951, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in 
exercise of any powers conferred by or unde r the said Ordinanc e shall be deemed 
to have been done or taken in exercise of the powers conferred by or under this 
Act, as if this Act were in force on the day on which such thing was done or 
action taken.
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