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The West Bengal Evacuee Property Act, 1951

West Bengal · state statute
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West Bengal Act V of 1951 
THE WEST BENGAL EVACUEE PROPERTY 
ACT, 1951. 
West Ben. 
Ord. II of 
1951. 
[Passed by th,e West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 21st March, 1951.] 
An Act to provide for certain matters relating to evacuee 
property. 
W IIEREAS it is expedient to provide for certain matters relating to evacuee property; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the West Bengal Evacuee 
Property At 1951. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force immediately on the West 
Bengal Evacuee Property Ordinance, 1951, ceasing to 
operate. 
Short title, 
extent 
and 
comm ence-
ment. 
(4) It shall not apply to any property acquired or 
requisitioned by the State Government for the purposes of 
the State or for any public purpose. 
2. In this Act, unless there is anything repugnant in Definitions. 
the subject or context,— 
(a) "allotment" means the grant by the Collector of a 
temporary right to use and occupy any property 
otherwise than by way of lease; 
(b) "appointed day" means the 31st day of March, 1951; 
(c) "evacuee" means a person ordinarily resident in 
West Bengal who on account of communal dis-
turbances or the fear of such disturbances leaves, 
or has after the 15th day of August, 1947, left, 
West Bengal, for any place in Pakistan and 
includes the legal heirs of such person; 
"property" means immovable property; 
(e) "prescribed" means prescribed by rules made under 
this Act* 
en. Act 
V-  of 
366. 
en. Act 
. of 
366. 
(f) "the Col 	 r" used in relation to any property means, 
(i) whe& the property is situated within Calcutta 
defined in section 3 of the Calcutta Police 
1866 or within the suburbs of Calcutta 
as defined by notification under section 1 of 
the Calcutta Suburban Police Act, 1866— 
the Commissioner of Police, Calcutta, or 
an officer appointed in this behalf by the State 
Government to perform all or any of the 
functions of a Collector under this Act; 
2 	 The West Bengal Evacuee Property Act, 1951. 
[West Ben. Act 
(Sections 3, 4.) 
(ii) where the property is situated elsewhere than as 
aforesaid— 
the Collector of the district within which the 
property is situated, or 
an Additional District Magistrate of such 
district, appointed in this behalf by the 
State Government to perform all or any of 
the functions of a Collector under this 
Act; 
(g) "the Committee" means the Evacuee Property 
Management Committee for West Bengal consti-
tuted under sub-section (1) of section 11; 
(h) "urban area" means Calcutta as defined in clause 
(11) of section 3 of the Calcutta Municipal Act, 
1923 or any place where the Bengal Municipal 
Act, 1932, is in force and includes any other area 
declared by the State Government to be an urban 
area for the purpose of this Act, by noti-
fication in the Official Gazette. 
Ben. Act 
III of 
1923. 
Ben. Act 
XV of 
1932. 
Evacuee 
property. 
3. Every property of an evacuee lying in West Bengal, 
other' than property in charge of the Court of Wards, is 
hereby declared to be evacuee property. 
Powers and 
duties of 
Collector. 
4. (1) The Collector or an officer to whom the powers 
of a Collector are delegated under section 10, if he is satisfied 
with respect .to any evacuee property that such property is 
lying unoccupied, uncultivated or uncared for, or has come 
to be wrongfully used or occupied by any person, may, by 
order styled a Collector's order, subject to any general or 
special orders of the State Government,— 
(a) take such measures as he considers necessary or 
expedient for the purposes of protecting and 
preserving such property and do such 	 and 
incur such expenses as may be 	 ary or 
incidental for such purposes; 
_(b) remove or cause to be removed, by foice if necessary, 
any person who is wrongfully using or occupying 
such property. 
(2) Where an order has been passed in respect of any 
evacuee property of an evacuee the Collector shall report to 
the Committee— 
(i) if before the expiry of the appointed day, the evacuee 
makes to the Collector a declaration of his inten-
tion not to return to West Bengal—as soon as 
may be, after he received such declaration; 
(ii) if before the expiry of the appointed day the evacuee 
does not make a declaration to the Collector of 
his intention not to return to West Bengal—as 
soon as may be, after the appointed day. 
The West Bengal Evacuee Property •Act, 1951. 
V of 1951.] 
(Sections 5, 6.) 
5. (1) An evacuee who returns to West Bengal before 
the expiry of the appointed day may apply in writing to the 
Collector before the expiry of that day— 
(a) where a Collector's Order has been made in respect 
of any 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 Collector's Order has been made in respect 
of any of his evacuee proparty and such property 
is in the wrongful use or occupation of any 
person—for the cancellation of such order and 
for the delivery of possession of such property ; 
and 
(c) where a Collector's Order has not been made in 
respect of any of his evacuee property and such 
property is in the wrongful use or occupation of 
any person—for the delivery of possession of 
such property. 
(2) Upon an application aforesaid being made the 
Collector may, after making such summary inquiry as he 
thinks fit,— 
(a) in cases coming under sub-clause (a) or (b) of sub-
section (1) cancel the Collector's Order; and 
(b) in cases coming under clause (b) or (c) of sub-
section (1), also cause the possession of such 
property to be delivered to the evacuee and may 
use or cause to be used force for such purposes, 
if necessary. 
(3) Where the Collector is of opinion that the cancella-
tion of the Collector'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 Govern-
ment shall thereupon refer the case to the Minority 
Commission constituted under Notification No. 2276CE, / CR-
481 / 50, dated the 6th May, 1950, for advice. The State 
Government shall after considering such advice pass such 
order as it thinks fit, so however, that if the State Govern-
ment is of opinion that exceptional circumstances exist on 
account of which it would not be feasible to cancel the 
Collector's Order or to cause the possession of the evacuee 
property to be delivered, it shall take such steps for 
adequately rehabilitating the evacuee as it deems necessary. 
6. (1) Save and except as provided in sub-section (2), 
nothing in section 5 shall apply to any evacuee property of 
an evacuee, situated within an urban area, if the evacuee 
left West Bengal for a place in Pakistan, prior to the 1st 
day of January, 1950. 
(2) The provisions of section 5 shall apply to an evacuee 
property of an evacuee situated within an urban area held 
by the evacuee as a tenant-at-will or a thika tenant or a 
Cancella-
tion of 
Collector's 
Order and 
delivery 
of posses-
sion. 
Excep-
tions, etc. 
4 	 The West Bengal Evacuee Property Act, 1951. 
[West Ben. Act 
Exemption 
of 
evacuee - 
property 
from 
attach-
ment, etc. 
Expenses 
incurred 
by the 
Collector. 
Mainten-
ance of 
accounts 
and 
payments 
to the 
evacuee 
or his 
successor. 
Delegation 
of powers 
by the 
Collector. 
Constitu-
tion of the 
Commit-
tee. 
(Sections 7-11.) 
monthly tenant, if, and only if on the date of the application 
under sub-section (1) of section 5, such property is not in 
the possession of a person other than the evacuee, holding 
under a lease granted by or with the authority of the 
immediate landlord of the evacuee. 
7. (1) No evacuee property shall be liable to attach-
ment, distraint or sale in execution of a decree or order of a 
Court, or any other authority, while a Collector's Order 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 pro-
perty the time during which a Collector's Order remains in 
force in respect of such property shall be excluded. 
8. Any expenses incurred by the Collector 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 property, and any such expenses 
may be recouped by the Collector out of such receipts. 
9. (1) The Collector 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 Collector's Order is in force in respect of such property. 
(2) Upon the cancellation of a Collector's 	 Order 
under section 5 or upon a Collector's Order standing can-
celled under sub-section (4) of section 17, the Collector shall 
pay to the evacuee in respect of whose evacuee property the 
Collector's Order was made or his successors in interest, as 
the case may be, the balance which remains after deducting 
the payments made in respect of such property from the 
receipts derived from such property. 
10. The Collector may, by general or special order, 
delegate all or any of his powers, duties or functions under 
this Act or the rules made thereunder to such officer 
of the State Government as he thinks fit. 
11. (1) The State Government shall, by notification in 
the Official Gazette, constitute an Evacuee Property Manage-
ment Committee for West Bengal. 
(2) The Committee shall consist of a President and three 
other members. 
(3) The President shall be an officer of the State Govern-
ment appointed in this behalf by the State Government from 
time to time, and the other members shall be appointed by 
the State Government from among the members of the 
Minority Community. 
The West Bengal Evacuee Property Act, 1951. 	 5 
V of 1951.1 
(Sections 12-15.) 
(4) The Committee shall be a body corporate by the 
name of the Evacuee Property Management Committee of 
West Bengal and shall have perpetual succession and a 
common seal and shall by the said name sue and be sued. 
12. (1) A member of the Committee, other than the 
President, may, by writing under his hand, delivered to the 
prescribed officer of the State Government, resign his office 
after giving one month's notice of his intention to resign. 
(2) The State Government may at any time remove any 
member of the Committee on any of the following grounds, 
namely :— 
(a) that he has been convicted of an offence which, in 
the opinion of the State Government, involves 
moral turpitude; 
(b) that he has applied to be adjudged or has been , 
adjudged an insolvent; 
(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 physical or 
mental infirmity; 
(d) that he, in the opinion of the State Government, 
has been mismanaging the properties at which 
the Committee has taken charge. 
(3) In the event of vacancy occurring in the office of any 
meinber of the Committee, other than the President, by 
death, resignation, removal or otherwise, the State Govern-
ment shall fill up the vacancy in the manner provided in 
sub-section (3) of section 11. 
13. The Committee may, with the approval of the State 
Government, make regulations for conducting its business 
and may act notwithstanding any vacancy in the office of 
any member other than that of the President : 
Provided that the quorum for a meeting of the Committee 
shall be two members, one of whom shall be the President. 
14. (1) In the exercise or discharge of its powers, 
duties and functions, the Committee may be assisted by such 
number of officers (hereinafter referred to as Administrative 
Officers) as may be appointed by the Committee with the 
approval of the State Government and by such other staff as 
may be appointed by the Committee. 
(2) An Administrative Officer shall, on appointment, fur-
nish such security as may be fixed by the State Government. 
15. (1) The members of the Committee shall not be 
entitled to any salary but may receive such allowances as may 
be fixed by the State Government. 
(2) The remuneration of the Administrative Officers and 
of other staff shall be such as may be fixed by the State 
Government. 
Resigna-
tion and 
removal of 
members 
and filling 
up of 
vacancies. 
Conduct 
of busi-
ness of the 
Commit-
tee 
Officers 
of the 
Commit-
tee. 
Allow-
ances of 
President 
and 
members 
and 
remunera-
tion of 
officers. 
6 	 The West Bengal Evacuee Property Act, 1951. 
Expenses 
incurred 
by the 
Commit-
tee. 
Manage. 
ment 
by the 
Commit. 
tee. 
[West Ben. Act 
(Sections 16, 17.) 
16. (1) The salary and allowances of the President, the allowances of other members of the Committee, the remunera-
tion of the Administrative Officers and other staff and such 
other expenses as may be incurred by the Committee in the 
exercise or discharge of any of its powers, duties and func-
tions under this Act or the rules made thereunder in 
respect of any evacuee property, shall be defrayed out of levy 
at such rate, as may be prescribed, on the receipts derived 
from such property and shall, subject to the provisions of section 8, be a first charge on such receipts. 
(2) The 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 centunt per annum from the,receipts derived from the properties which may vest in the Committee and shall subject to sub-section (1) be a charge on every and all such properties and shall have priority over all other charges on every and all such properties. 
17. (1) The Committee may take charge of any evacuee property of an evacuee in the following eases :— 
(a) where a report is received from the Collector under sub-section (2) of section 4, or 
where before the appointed day the evacuee makes 
a declaration before the prescribed authority of 
his intention not to return to West Bengal, or 
(c) where after the appointed day the evacuee has not 
returned to West Bengal, whether there is or is 
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. 
(b)  
(2) Before taking charge of an evacuee property, the 
Committee shall cause a public notice to be given in the 
prescribed manner 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) Where objections are filed under sub-section (2), the Committee shall summarily decide the objections after 
calling, if necessary, for a report from the Collector of the 
district in which the property or any part thereof is situated. 
(4) If there are no such objections as aforesaid or if the 
Committee, after proceeding in the manner aforesaid, rejects 
all such objections, the Committee shall pass an order directing that the charge ,  of the property be taken by the Committee and thereupon such property shall vest in the Committee and any Collector's Order made in respect of such property shall stand cancelled. 
The West Bengal Evacuee Property Act, 1951. 	 7 
V of 1951.] 
(Sections 18, 19.) 
(5) Where any evacuee property vests in the Committee 
under sub-section (4), the Committee shall, as soon as may 
be, give public notice of the fact in the prescribed manner. 
(6) Notwithstanding anything contained in the foregoing 
provisions of this section, the Committee 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 Committee 
that adequate arrangements have been made for the manage-
ment and proper utilization thereof. 
(7) Nothing in this section shall affect the right of any 
person to establish his title in a competent Court. 
18. (1) An evacuee, whose property has vested in the 
Committee, may nevertheless at any time dispose of such 
property by sale, exchange, gift, mortgage (not being an 
usufructuary mortgage) or otherwise but not by way of lease. 
(2) Upon such disposition as aforesaid, the evacuee shall 
intimate the Committee 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 provi-
sions of sub-section (3) of section 21, take effect on and 
from the date of the publication of the notice referred to in 
sub-section (2) and on and from that date the evacuee 
property shall cease to vest in the Committee and the 
Committee shall be absolved of all further responsibility in 
respect thereof. 
19. (1) Subject to the provisions of this Act, the 
Committee shall have all the rights, powers and liabilities 
of an owner in respect of any evacuee property of an evacuee 
vested in it. 
(2) The Committee shall take such measures as may be 
necessary, for the good management and protection of any 
evacuee property 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 maintain, in the prescribed 
form, accounts of all evacuee property vested in it, a separate 
account being maintained in respect of each evacuee or 
where the property of a body of co-sharer evacuees are 
managed jointly, in respect of each such body of co-sharer 
evacuees. 
(ii) The State Government shall cause such accounts to 
be audited at such intervals and by such person as may be 
prescribed. The cost of such audit shall be paid by the 
Committee according to the prescribed scale. 
Power of 
evacuee to 
dispose of 
property. 
Power, 
rights and 
liabilities 
of the 
Commit-
tee. 
8 	 The West Bengal Evacuee Property Act, 1951. 
[west Ben. Act 
(Sections 20, 21.) 
(iii) A copy of the audited accounts as aforesaid of the 
evacuee property shall be supplied to the evacuee or the body 
of co-sharer evacuees by the Committee on application and 
the audilsed 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 Committee shall pay to an evacuee in such 
manner and at such intervals as may be prescribed, the 
receipts derived from his property vested in the Committee, 
after deducting therefrom all sums debitable to such receipts. 
Certain 
payments 
not to be 
valid 
discharge. 
Restric-
tions on 
transfer 
by Com-
mittee. 
20. No payment made, after publication of a notice 
under sub-section (5) of section 17, on account of any amount 
due to the evacuee in respect of his property vested in the 
Committee save and except to the Committee or some person 
appointed by the Committee, shall constitute a valid dis-
charge of any liability in respect thereof. 
21. (1) Save and except as provided in sub-section (2), 
the Committee shall not be entitled to transfer any evacuee 
property vested in it, except with the written consent of the 
evacuee. 
(2) The Committee may lease or let out any evacuee 
property vested in it or part thereof for a period, not exceed-
ing three months in the case of evacuee property situatedin 
an urban area and not exceeding twelve months in the ease 
of other evacuee property, at any one time : 
Provided that in leasing or letting out the 
v  property, the Committee shall give on each occasion the first
preference to the person to• whom any allotment of such pro-
perty or a part thereof was made by the Collector under the 
West Bengal Evacuee Property Ordinance, 1951, except 
where the Collector reports to the Committee that such. 
person committed a breach of the terms and conditions of 
such allotment, or where such property consists of land 
used for or in connection with agricultural purposes, 
neglected to cultivate such property properly. 
(3) A lease or letting out as aforesaid shall be binding 
on the evacuee and his successors in interest but only f or the 
period for which the evacuee property is leased or let out. 
(4) Notwithstanding anything contained in any other
law for the time being in force, nothing in this section shall 
confer a right of occupancy on any person to whom any 
evacuee property is leased or let out by the Committee. 
(5) If the person to whom any evacuee property is leased 
or let under sub-section (2) holds over after the expiry of the 
period of lease or letting out, such person shall be liable to 
be evicted without notice. 
West Ben. 
Ord. II of 
1951. 
The West Bengal Evacuee Property Act, 1951. 	 9 
V of 1951.] 
(Sections 22-24.) 
22. (1) An evacuee may at any time after he returns to 
West Bengal but not later than the appointed day apply in 
writing to the Committee for the restoration of any of his 
evacuee property of which the Committee has taken charge. 
(2) As soon as may be after such application is received, 
the Committee shall cause a public notice to be given in the 
prescribed manner that such property shall be restored to the 
applicant if no objections to his title are received within a 
date specified in such notice. 
(3) If no objections as aforesaid are received within the 
date specified in such notice, the Committee shall make an 
order that the evacuee property be restored to the applicant. 
(4) If any objections as aforesaid are received within the 
date specified in such notice, the Committee shall summarily 
decide such objections after calling, if necessary, for a 
report from the Collector of the district in which the property 
or any part thereof is situated. If the Committee, after 
proceeding in the manner aforesaid, rejects such objections, 
the Committee shall make an order that the evacuee property 
be restored to the applicant. 
(5) Upon an order under sub-section (3) or sub-section (4) 
being made, the evacuee property shall cease to vest in the 
Committee and shall, subject to sub-section (3) of section 21, 
vest in the applicant and the Committee shall, subject to 
sub-section (6), be absolved of all further responsibility in 
respect of the evacuee property. 
(6) 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). 
(7) Nothing in this section shall affect the right of any 
person to establish his title in a competent Court. 
23. (1) If any evacuee property, the charge of which is 
taken by the Committee or in respect of which an order under 
sub-section (3) or sub-section (4) of section 22 has been made, 
is found to be in the wrongful use or occupation of any 
person, the Collector shall, on application made to him by 
the Committee or the evacuee, as the case may be, cause the 
possession of such property to be delivered to the Committee 
or to the evacuee, as the case may be, 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 occupation of such 
property shall, in addition to being proceeded against under 
sub-section (1), be liable to pay to the Committee or the 
evacuee, as the case may be, damages for such wrongful use 
or occupation. 
24. (1) An evacuee who returns to West Bengal after 
the appointed day but not later than the 31st day of 
December, 1953, may apply in writing to the Committee for 
restoration of management of his evacuee property of which 
the Committee has taken charge. 
Restora-
tion of 
property to 
evacuee. 
Possession 
to be 
delivered 
by force, if 
necessary. 
Restora-
tion of 
manage-
ment of 
property 
to a certain 
class of 
returning 
evacuees. 
  
10 	 The West Bengal Evacuee Property Act, 1951. 
[West Ben. Act 
,elega-
on of 
>wars, 
dies and 
notions. 
ntrol of 
tive 
icer. 
(Sections 25, 26.) 
(2) As soon as may be after such application is received, 
the Committee shall •cause a public notice to be given in the 
prescribed manner that the management of such property 
shall be restored to the applicant if no objections to his title 
are received within a date specified in such notice. 
(3) If no objections as aforesaid are received within the 
date specified in such notice, the Committee shall make an 
order that the management of the evacuee property be restored to the applicant. 
(4) If any objections as aforesaid are received within the 
date specified in such notice, the Committee shall summarily 
decide such objections after calling, if necessary, for a 
report from the Collector of the district in which the property 
or any part thereof is situated. If the Committee, after 
proceeding in the manner aforesaid, rejects such objections, 
the Committee shall make an order that the management of 
the evacuee property be restored to the applicant. 
(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 possible and in any 
case within six. months from the date of the application under sub-section (1). 
(6) (a) Upon an order under sub-section (3) or sub- section (4) being made, the management of the evacuee 
property shall vest in the evacuee. 
(b) Upon the vesting of the management of the evacuee 
property in him, the evacuee shall have all the rights, 
powers and liabilities of an owner in respect of the evacuee 
property, and the Committee shall subject to sub-section (7) 
be absolved of all further responsibility in respect of such property and sub-sections (2) and (3) of section 18, section 19, section 20 and section 21 shall cease to apply in respect of the evacuee property. 
(7) 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). 
(8) Nothing in this section shall affect the right of any person to establish his title in a competent Court. 
25. (1) The State Government may delegate all or any 
of its powers, duties and functions under this Act or 
the rules made thereunder to the Board of Revenue or to the Commissioner of a Division. 
(2) The •Committee may delegate all or any of its powers, 
duties and functions under this Act or the rules made 
thereunder to an Administrative Officer to be performed or exercised within his jurisdiction. 
26. (1) All Administrative Officers shall be under the 
supervision and control of the Committee and the Committee 
may, on its own motion or on application, review, rescind or 
vary any order of an Administrative Officer. 
Act XLV 
of 1860. 
The West Bengal Evacuee Property Act, 1951. 	 11 
V of 1951.] 
(Sections 27-32.) 
(2) The Collector 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 subordinate to him and examine any records, 
books of accounts or other documents maintained by the 
Administrative Officer. 
27. The President, other members of the Committee, 
every Administrative Officer and every other person duly 
appointed under this Act or the rules made there-
under shall be deemed to be public servants within the 
meaning of section 21 of the Indian Penal Code. 
28. All sums payable to the Collector or the State 
Government under this Act shall, without prejudice 
to any other mode of recovery, be recoverable as arrears of 
public demand. 
29. Save and except as expressly provided in this Act, 
no order of the State Government or of the Collector, or of 
the Committee or of an Administrative Officer, made or 
purported to be made under this Act or the rules made there-
under, shall be questioned in any Court. 
30. (1) No suit or other legal proceeding shall lie 
against the State Government, or any servant of the State 
Government for anythin,g which is in good faith 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 intended to be done in pursuance of 
this Act or the rules made thereunder. 
(3) No suit, prosecution or other legal proceeding shall 
lie against 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 management of any 
property of an evacuee. 
President, 
members 
and 
officers 
to be 
public 
servants. 
Sums 
payable 
under this 
Act 
recoverable 
as public 
demand. 
Bar of 
jurisdic-
tion. 
Protec-
tion and 
indem-
nity. 
West Ben. 	 31. The West Bengal Evacuee (Administration of Repeal of 
Act XVIII Property) Act, 1949, is hereby repealed. 	 West 
of 1949. 	 Bengal gal 
Act 
XV11 I of 
1949
.  
32. The provisions of this Act shall have effect This Act 
notwithstanding anything to the contrary in any other la'w. to over- 
ride other 
law. 
12 	 The West Bengal Evacuee Property Act, 1951. 
[West Ben. Act V of 1951.] 
Savings 
and 
validation. 
(Sections 33, 34.) 
33. (1) Any rule, order, or appointment made, any 
notification issued, any proceedings commenced, any action 
taken, or anything done under any provision of the West 
Bengal Evacuee Property Ordinance, 1951, shall, on the said West 
'l  
B n 
Ord. of Ordinance ceasing to operate, be deemed to have been made, 1951. issued, commenced, taken or done under the corresponding provisions of this Act as if this Act had commenced on the 
5th day of February, 1951. 
(2) Any allotment of an evacuee property made or 
purported to have been made before the commencement of 
the West Bengal Evacuee Property Ordinance, 1951, by 
the Collector which could have been validly made if the 
said Ordinance had been in force when such allotment was 
made or purported to have been made, shall if confirmed 
by the Collector in writing on or before the 31st day of 
March, 1951, be deemed to have been duly made under the said Ordinance. 
Power to 
make 
rules. 
34. (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 for all Or any of the following matters, namely 
(a) the manner in which the accounts referred to in sub-section (1) of section, 9 shall be maintained; 
(b) the officer to whom tip writing referred to in sub-section (1) of section 12 shall be delivered; 
(c) the rate of the levy referred to in sub-section (1) of section 16; 
(d) the manner in which a public notice shall be given under sub-section (2) or sub-section (5) of section 17, sub-section (2) of section 18, sub-section (2) or sub-section (6) of section 22; or sub-section or sub-section (7) of section 24; 
(e) the form in which accounts referred to in clause (i) of sub-section (3) of section 19 shall be maintain-
ed, the intervals at which and the persons by 
whom such accounts shall be audited under clause (ii) of that sub-section and the scale referred to in that clause ; 
(f) the manner in which audited accounts shall be 
available for inspection under clause (iii) of sub-section (3) of section 19; 
(g) the manner in which and the intervals at which 
payments under sub-section (4) of section 19 shall be made ; 
(h) any other matter required to be prescribed under this Act. 
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WBGP-51/2-1346A-5M 

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