The Assam Evacuee Property Act, 1951

{
    "id": 15164,
    "slug": "the-assam-evacuee-property-act-1951-1951",
    "title": "The Assam Evacuee Property Act, 1951",
    "short_title": "The Assam Evacuee Property Act, 1951",
    "act_number": "Assam Act No. 11 of 1951",
    "act_year": 1951,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Evacuee Property Act, 1951",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Adhiar\" means a person who under the system generally known as Adhi (whether Guchi-adhi or Guti-adhi), barga, chukti, bhag or chukani, cultivates the land of another person on condition of delivering a share or quantity of the produce of such land to that person;\n(b) \"allotment\" means the grant by the Deputy Commissioner of the temporary right to use and occupy and property otherwise than by way of lease ;\n(c) \"appointed day\" means the 3lst day of March, 1951 ;\n(d) \"the Committee\" means the Evacuee Property Management Committee for Assam constituted under sub-section (1) of Section 12 of this Act;\n(e) \"the Deputy Commissioner\" means the Deputy Commissioner of the district within which the evacuee property is situated ;\n(f) \"evacuee\" means a person ordinarily resident in Assam who, on account of communal disturbances, on the fear of sub-disturbances leaves, or has after the 15th August, 1947 left Assam, for any place in Pakistan and also includes his legal heir ;\n(g) \"Minority Commission\" means and shall be deemed always to have meant commission as may be constituted by the State Government under the Indo-Pakistan Agreement of the 8th April, 1950, by notification in the official Gazette ;\n(h) \"property\" means immovable property ;\n(i) \"prescribed\" means prescribed by rules made under this Act;\n(j) \"urban area\" means any area included in a Municipality or a small town constituted under the provisions of the Assam Municipal Act, 1923 (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.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Evacuee property.",
            "chapter": null,
            "content": "(a) property in charge of the Court of Wards ; and\n(b) property covered by an annual patta in a tribal belt or tribal block is hereby declared to be evacuee property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Deputy Commissioner's order.",
            "chapter": null,
            "content": "(e) may make such measures as he considers necessary or expedient for the purposes of managing, protecting or preserving such property and may for such purposes do such acts and incur such expenses as may be necessary or incidental;\n(b) may remove or cause to be removed by force, if necessary, any person who is wrongfully using or occupying such property ;\n(c) may, subject to the provisions of Section 5, make any allotment of such property or part thereof to any person on such terms and conditions as he thinks fit;\n(i) if before the expiry of the appointed day, the evacuee makes to the Deputy Commissioner a declaration of his intention not to return to Assam, as soon as may be, after he receives such declaration ;\n(ii) if before the expiry of the appointed day, the evacuee does not make a declaration to the Deputy Commissioner of his intention not to return to Assam as soon as may be after the appointed day.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Provisions as to allotments.",
            "chapter": null,
            "content": "(a) where the evacuee property consists of residential or business premises or vacant land situated within an urban area-for a period extending beyond the 7th day of February, 1951;\n(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 February, 1951.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Cancellation of Deputy Commissioner's order and delivery of possession.",
            "chapter": null,
            "content": "(a) where a Deputy Commissioner's order has been made in respect of his evacuee property and is not in the wrongful use or occupation of any person-for the cancellation of such order ;\n(b) where a Deputy Commissioner's order has 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 cancellation of such order and for the delivery of possession of such property ; and\n(c) where any of his evacuee property is in the wrongful use and occupation of any person-for the delivery of possession of such property;\n(d) Upon an application as aforesaid being made the Deputy Commissioner shall-\n(a) in cases coming under clause (b) or (c) of sub-section (1), cancel the Deputy Commissioner's order;\n(b) in cases coming under clause (b) or (c) of sub-section (1), cause the possession of such properly to be delivered to the evacuee and may use or cause to be used such force as may be necessary for such purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Exceptions.",
            "chapter": null,
            "content": "(a) an evacuee property of an evacuee, situated within an urban area, if the evacuee left Assam prior to the 1st day of January, 1950 ; or\n(b) an evacuee property which, at the time of his leaving Assam, was held by the evacuee as-\n(i) a tenant-at-will or thika-tenant or monthly tenant in an urban area; or\n(ii) an adhiar in an area other than an urban area if on the date of receipt by the Deputy Commissioner, of an applicant under sub-section (1) of Section 6, such property is-\n(a) let out in cases falling under (i) above; or\n(b) allowed to be cultivated under (ii) above,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Exemption of evacuee property from attachment, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Expenses incurred by the Deputy Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Maintenance of accounts and payments to the evacuee or his successor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Delegation of powers by the Deputy Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Constitution of the Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Resignation and removal of members and filling up of vacancies.",
            "chapter": null,
            "content": "(a) that he has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude ;\n(b) that he has applied to be adjudged an insolvent;\n(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;\n(d) that he, in the opinion of the State Government, has been mismanaging the properties of which the Committee has taken charge.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Conduct of business of the Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Officers of the Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Allowance of President and members and remuneration of Officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Expenses incurred by the Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Management by the Committee.",
            "chapter": null,
            "content": "(a) where a report is received from a Deputy Deputy Commissioner under clause (d) of sub-section (2) of Section 4, or\n(b) where the State Government has taken steps for the rehabilitation of the evacuee under sub-section (3) of Section 6, or\n(c) where before the appointed day the evacuee makes a declaration before the prescribed authority of his intention not to return to Assam, or\n(d) where after the appointed day the evacuee has not returned to Assam, 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power of evacuee to dispose of property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Powers, rights and liabilities of the Committee.",
            "chapter": null,
            "content": "(ii) The State Government shall cause accounts to be audited at such intervals and by such persons as may be prescribed. The cost of such audit shall be paid by the Committee to the prescribed scale.\n(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 audited accounts shall also be available in the prescribed manner for the inspection of any evacuee or any co-sharer evacuee or any agent of the evacuee or a co-sharer evacuee authorised in writing.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Certain payments not to be valid discharge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Restriction on transfer by Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Restoration of property to evacuee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Restoration or management of property to a certain class of returning evacuees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Possession to be delivered by force, if necessary.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Delegation of powers, duties and functions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Control of Administrative Officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. President, members and officers to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Bar of jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Protection and indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Recovery of dues.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Act to override other laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Power to make rules.",
            "chapter": null,
            "content": "(a) the form of an order by the Deputy Commissioner under sub-section (1) of Section 4 ;\n(b) the manner in which the accounts referred to in sub-section (1) of Section 10 shall be maintained ;\n(c) the officer to whom the writing referred to in sub-section (1) of Section 13 shall be delivered ;\n(d) the rate of the levy referred to in sub-section (1) of Section 17 ;\n(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 (7) of Section 24 ;\n(f) the form in which, accounts referred to in clause (1) of sub-section (3) of Section 20 shall be maintained, the intervals at which and the person by whom such accounts shall be audited under clause (ii) of that sub-section and the scale referred to in that clause ;\n(g) the manner in which audited accounts shall be available for inspection under clause (iii) of sub-section (3) of Section 20 ;\n(h) the manner in which and the intervals at which the payment under sub-section (4) of Section 20 shall be made ;\n(i) any other matter required to be prescribed under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Repeal and savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass206]",
        "Act Number": "Assam Act No. 11 of 1951",
        "Enactment Date": "",
        "Act Year": "1951",
        "Short Title": "The Assam Evacuee Property Act, 1951",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:19"
}