The West Bengal Evacuees ( Administration Of Property ) Act, 1949

West Bengal Act XVIII of 1949 
THE WEST BENGAL EVACUEES (ADMINISTRATION 
OF PROPERTY) ACT, 1949. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor General was first published in the Calcutta Gazette, of the 21st April, 1949.] 
An Act to provide for the administration of properties of 
evacuees in West Bengal. 
WHEREAS it is expedient to provide for the administra-
tion of propertieS of evacuees in West Bengal; 
it is -  hereby enacted as follows :- 
1, (1) This Act may be called the West Bengal Eva-
cuees (Administration of Property) Act, 1949. 
(2) It extends to the whole of West Bengal. 
. (3) 'It shall come into force on such date as -the Provin-
cial Government may, by notification in the Official 
Gazette, appoint. 
2. In this Act, unless there is anything repugnant in Definitions. 
the subject or context,— 
(a) "Board" means an Evacuee Property Management 
Board constituted under section 3; 
(b) "evacuee" means a person ordinarily resident and 
owning property or carrying on business in 
West Bengal, who, on account of communal dis-
turbances or for fear of such disturbances,— 
(i) leaves or has on or after the 1st day of June, 
1947, left West Bengal to a place outside the 
Province; and 
(ii) makes a declaration that he intends to return to 
West Bengal within six months from the date 
on which a proclamation in the -Official 
Gazette is made by the Provincial Government 
that normal conditions have been restored in 
the Province; 
(c) "evacuee property" includes all property lying in 
West Bengal in which an evacuee has any right 
or interest but does not include any moveable 
property in his immediate physical possession; 
"prescribed" means prescribed by rules made by 
the Provincial Government under this Act ; and 
"property" includes any right or interest in move-
able or immoveable property or in any shop or 
business establishment or any factory or work-
shop or undertaking or in any debt or actionable 
claim other than a mere right to sue but does 
not include money in a Bank whether held in 
current account or otherwise. 
Short title, 
extent and 
commence, 
meat. 
(d)  
(e)  
2 The West Bengal Evacuees (Administration of Property)  
Act, 1949. 
[West Ben. Act XVIII 
(Sections 3, 4.) 
	
Constitu- 	 3. (1) The Provincial Government may, if it deems 
	
tion and 	 just and expedient, by notification in the Official Gazette, 
dissolution - constitute an Evacuee Property Management Board for any of Boards. district or districts or part or parts thereof. 
(2) A Board shall consist of a Chairman and two or four 
other members, as the Provincial Government may think fit. 
(3) The Chairman and other members of a Board shall 
be appointed by the Provincial Government from among 
the members of the minority community. 
(4) In deciding whether it is expedient that a Board 
should be constituted for any district or districts or part or 
parts thereof and in selecting the Chairman and other 
members of such Board, the Provincial Government shall 
consider the views of evacuees owning property or carrying 
on business in such district or districts or part or parts 
thereof, in such manner as may be prescribed. 
(5) Every Board shall be a body corporate by the name 
of "the Evacuee Property Management Board of (name of 
the area)" and shall have perpetual succession and a com-
mon seal and shall by the said name sue and be sued. 
(6) The Provincial Government may, by notification in 
the Official Gazette, dissolve a Board if— 
(a) in its opinion the management by the Board of the 
property vested in it under sub-section (5) of 
section 8 is financially unsound or otherwise 
_ unsatisfactory; or 
(b) no suitable person is available for filling a vacancy 
in the office of a member or of the Chairman. 
(7) The Provincial Government may, if it so thinks fit, 
by notification in the O fficial Gazette, dissolve a Board at 
any time after one year from the date on which the Board 
was constituted. 
(8) Where a Board is dissolved under sub-section (6) or 
sub-section (7) the Provincial Government shall appoint a 
liquidator. 
(9) A liquidator appointed under sub-section (8) shall 
have powers to institute or defend any suit or prosecution or 
other legal proceedings, civil or criminal, in the name or 
on behalf of the evacuee whose property had vested in the 
Board and to carry on the business of such evacuee se far 
as may be necessary for the winding up of the same and to 
perform such other functions as the Provincial Government 
may direct. 
	
Resigna- 	 4. (1) The Chairman or a member of a Board may, by 
tion and writing under his hand, delivered to the prescribed officer of 
removal of Cha' an the Provincial Government, resign his office after giving one 
and Mem. calendar month's notice of his intention to resign. 
bers, and 	 (2) The Provincial Government may at any time remove 
filling vacancies. of the Chairman or other member of a Board on any of the up  
following grounds, namely :— 
(a) that he has been convicted by a Criminal Court for 
any offence which, in the opinion of the Provin-
cial Government, involves moral turpitude; 
The West Bengal Evacuees (Administration of Property) 3 
Act, 1949. 
of 1949.1 
(Sections 5-7.) 
(b) that he has applied to be adjudged or been adjudged 
an insolvent; 
(a) that he in the opinion of the Provincial Government 
is incompetent or incapable or unfit to perform the 
duties of his office; 
(d) that he in the opinion of the Provincial Government 
has been mismanaging the properties under the 
control of the Board. 
(3) In the event of any vacancy occurring in the office of • the Chairman or other member of a Board by death, resigna-
tion or removal, the Provincial Government shall appoint 
another person belonging to the minority community to fill 
the vacancy. 
5. A Board shall, subject to the provisions of this Act, Procedure 
have power to regulate its own procedure and may act not- of Boards. 
withstanding any vacancy in the office of the Chairman or 
any other member : 
Provided that the quorum for a meeting shall res 
pectively be two or three members for a Board consisting of 
three or five members including the Chairman. 
6. (1) In the discharge of its duties, powers and func-
tions a Board may be assisted by an Administrative Officer 
appointed by the Board with the approval of the Provincial 
Government from among the nominees of the evacuees whose 
properties are being taken over by the Board and by such 
other staff, subordinate to the Administrative Officer and 
appointed by the Board, as the Provincial Government may 
sanction. 
(2) The Administrative Officer shall, on appointment, 
furnish such security as may be fixed by the Provincial 
Government. 
7. (1) 'The Chairman and other members of a Board Remuners, 
shall not be entitled to any salary, but may. receive such tion of 
allowances as may be fixed by the Provincial Government. Chairman, 
(2) The remuneration of an Administrative Officer and and 
Members 
 
of the staff subordinate to him shall be such as may be fixed officers. 
by the Provincial Government. 
 
(3) The allowances of the Chairman and other members 
of a Board, the remuneration of the Administrative Officer 
and the staff subordinate to him and such other expenses as 
may be prescribed, shall be defrayed out of a levy at such 
rate as may be prescribed on the gross collection made by 
the Board. 
(4) The Provincial Government may make such advances 
to a Board as may be necessary to enable it to function. All 
such advances shall be recoverable with interest at four per centum per annum from the properties vesting in the Board 
or the incomes accruing therefrom and shall be the first 
charge thereon notwithstanding anything contained in any 
other law for the time being in force. 
Officers of 
Boards. 
Vesting of 
evacuee 
property 
and relin-
quishment 
thereof. 
4 The West Bengal Evacuees (Administration of Property) 
Act, 1949. 
[West Ben. Act XVIII 
(Section 8.) 
8. (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. 
9. (1) Subject to the provisions of this Act, a Board 
shall have all the rights and liabilities and powers of an 
owner in respect of any property vested in it for the 
management and protection thereof. 
(2) A Board shall take such measures as may be reason-
ably necessary for the good management and protection of 
any property 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) A Board shall maintain a separate account of 
the property of each evacuee , or group of evacuees whose 
properties vested in it have been jointly managed in the 
past or who may apply in writing 'for such joint manage-
ment and shall cause to be made therein entries of all 
receipts and payments. 
(ii) The accounts shall be maintained in such form and 
manner as may be prescribed. 
(iii) The Provincial Government shall cause such accounts 
to be inspected and audited at such intervals and by such 
persons as may be prescribed. The cost of such audit and 
inspection shall be met by the Board according to the 
prescribed scale. 
(iv) A. copy of the audited account of the property of 
each evacuee shall be supplied to him by the Board within 
two months of the completion of the audit. 
(4) A Board shall remit to each evacuee in such manner 
and at such intervals as may be prescribed, the income of any 
property of the evacuee, vested in the Board, after deduct-
ing therefrom all sums properly debitable to such income. 
10. Every payment made, after the publication of a Certain notice under sub-section (7) of section 8 on account of any payments 
amount due to the evacuee in respect of any property vested to be null 
in the Board, save and except to the Board or some person and void. 
appointed by the Board, shall be null and void. 
11. All sums due to Government under this Act shall be Realisation recoverable as arrears of public demands : 	 of dues of • 
Govern- 
Provided that the provisions of this section shall be in merit. 
addition to, and not in derogation of, any other law for 
the time being in force. 
Rights, 
powers and 
duties of 
a Board. 
Restric-
tions on 
the powers 
of a 
Board. 
• 
• Exemp-
tion from 
attach-
meat, etc. 
6 The: 'West Bengal Evacuees (Ad/ministration of Property) 
Act; 1949. 
[West Ben. Act XVIII 
(Sections 12-14.) 
12. NO property vested in a Board, shall be liable to 
attachment, -distress or sale in execution of a decree or order 
of a court or any other authority other than for arrears of 
revenue except with the permission in writing of the Collec-
tor of the district in which such property is situate. 
-1 ":13; (1) Subject 'to the provisions of sub-se -dim) (2) of 
:See-Lion 	 " a Board' shall not be entitled to transfer any 
inimoVeable. property Of an evacuee Vested in it, except with 
the Written -Consent 'of the evacuee: 
Provided_ that a Board may without such consent grant 
'leases for periods not exceeding three months in the case of 
residential premises and for periods not exceeding one year 
in the case of land used for agricultural purposes and notwith-
standing anything contained in any other law for the time 
:being-in force-, the lessee in respect of such property shall 
-be liable to be evicted, at the expiry of the term of the lease. 
(2) A Board shall not be entitled to carry on the busi-
ness of an evacuee vested in it except only for the purpose 
of winding up such business and for liquidating the stocks. 
Restora-
tion of 
property. 
14. (1) An evacuee or any person claiming to be his 
heir or any person to whom any property has been trans-
ferred under sub-section (6) of section 8 may -at any time 
make an application in writing to the Board for restoration 
to him of the property of the evacuee vested in the Board. 
(2) On receiving such application, the Board shall cause 
public notice to be given in the prescribed manner that the 
-property shall be restored to the applicant on a date not 
'earlier than thirty days from the date of the notice. 
(3) If a dispute arises regarding the title to such property 
by inheritance, the Board sall refer the parties to a civil 
court and on determination of title of any person or persons 
to such property by the civil court, the Board shall restore 
the property to the said person or persons and the property 
shall thereupon vest in such person or persons subject to the 
proviso to sub-section (1) of section 13 and all further 
resticinsibility of the Board in respect of such property shall 
thereafter cease. 
(4) If no such dispute arises, the Board shall make a 
formal order restoring such property to the applicant. On 
such order being made the property shall vest in such person 
subject to the proviso to sub-section (1) of section 13 and all 
further responsibility of the Board in respect of such property 
shall thereafter cease: 
Provided that no such order shall be made unless pro-
vision has been made in the prescribed manner for the 
recovery of any amount due to the Board in respect of the 
property or the management thereof. 
The West Bengal Evacuees (Adnnistration of. Property) 7. 
Act, 1949. 
of 1949j 
(Sections 15-19.) 
(5) Where any property has. been vested in any person 
under sub-section (3)- or sub-section (4), a Board shall cause 
public notice to lie given in the prescribed manlier. 
(6) It shall not be incompetent— 
(a) for any person to make an application for restora-
tion of any -property under sub-section (1), or 
(b) for a Board to make an order restoring any property 
to any ,person under. sub-section (3) or sub-
section (4) 
only on the ground that such person may, for the time 
being, reside outside India. 
15. Every Chairman or member of a Board, every chairmen, 
Administrative Officer and every other :  person duly appointed members 
under this Act or the rules made thereunder shall be deemed and officers 
to be a public servant within the meaning of section 21 of to be 
Aot XLV the Indian Penal Code. 	 public 
servants. of 1860. 
16. (1) No suit, prosecution or other legal proceeding Bar of 
shall lie against the .Provincial Government, any Board or ituisclic- 
any. person appointed, under this Act in respect of anything 	and 
tight of clone in' good faith under the provisions of this Act or the reimburse- miles made thereunder. 	 meet. 
(2) Subject to the provisions of section 7,. a Board may 
reimburse itself or pay or discharge out of the property of 
an evacuee vested in it, all expenses properly, incurred in 
respect of such property in exercising or carrying out the 
powers, duties or functions under this Act or rules made 
thereunder: 
Provided that no property shall be sold under this sub-
section without the previous sanction of such authority as 
may be prescribed for this purpose. 
XVII of 	 17. No legal pfactitioner as defined in the Legal Practi- 1879. 	 tioners Act, 1879, shall represent any party in any proceed- 
ing before a Board. 
18. The Provincial Government may delegate all or any 
of its powers and functions under this Act to the Board of 
Revenue and the Board of Revenue may also delegate any 
of its powers and functions so delegated to the Commissioner 
of a Division, Collector or any other Officer not below the 
rank of a Collector. 
19. (1) The Provincial Government may make rules for 
carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality 
of the foregoing power, such rules may provide for all or 
any of the following matters, namely:— 
(a) the manner in which the views of evacuees shall be 
considered under sub-section (4) of section 3; 
Power to 
make rules. 
Represen-
tation of a 
party be-
fore a 
Board. 
Delegation 
of powers 
and func-
tions. 
8 The West Bengal Evacuees (Administration of Property) 
Act, 1949. 
[West Ben. Act XVIII of 1949.1 
(Section 19.) 
(b) the designation of the officer of the Provincial Gov-
ernment to whom communications under sub-
section (1) of section 4 by a Chairman or member 
of a Board tendering resignation shall be 
delivered; 
(c) the expenses referred to in, and the rate of levy on 
gross collection by a Board under, sub-section (3) 
of section 7 ; 
(4) the manner of giving public notice under this Act ; 
(e) the manner in which appeals may be preferred under 
section 8; 
(f) the form and the manner in which accounts shall be 
maintained under clause (ii) of sub-section (3) of 
section 9 and intervals at which and the persons 
by whom accounts shall be inspected and the cost 
of audit referred to in clause (iii) of the said sub-
section; 
(q) the manner in which and the intervals at which the 
income of the property of an evacuee shall be 
remitted under sub-section (4) of section 9; 
(h) the manner in which the dues of a Board shall be 
recovered under the proviso to sub-section (4) of 
section 14; and 
(i) the authority referred to in the proviso to sub-
section (2) of section 16. 
WBGP-49/50- 2183A-2111 

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