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This Act was repealed on 7 February 2023 by the Assam Evacuee Property (Repealing) Act, 2022 (Assam Act 71 of 2023), s.2(1); it may still apply to matters that began before then.

4. Deputy Commissioner’s Order.—(1) The Deputy Commissioner or an officer to whom the powers of a Deputy Commissioner are delegated under section 11 of this Act if he is satisfied with respect to any evacuee property that 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 order in the prescribed form, styled a Deputy Commissioner’s Order in respect of such property. (2) While a Deputy Commissioner’s Order is in force in respect of any evacuee property of an evacuee, the Deputy Commissioner, subject to any general or special orders of the State Government,— (a) may take such measure as he considers necessary or expedient 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 property ; (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 ; (d) shall report to the Committee— (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 ; (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.