State Act

The Assam Evacuee Property Act, 1951

This Act was repealed on 7 February 2023 by the Assam Evacuee Property (Repealing) Act, 2022 (Assam Act 71 of 2023), s.2(1); it may still apply to matters that began before then.

22. Restrictions on transfer by Committee.—(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) Subject to sub-section (1) of section 20, the Committee may grant a lease of any evacuee property vested in it or part thereof 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 property or a part thereof was made, except where the Deputy Commissioner 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 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) Notwithstanding anything contained in this Act or any other law, no lease granted by the Committee under 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 order of a competent Court of law.