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This Act was repealed on 7 February 2023 by the Assam Evacuee Property (Repealing) Act, 2022 (Assam Act 71 of 2023), s.2(1); it may still apply to matters that began before then.

6. Cancellation of Deputy Commissioner’s Order and delivery of possession.—(1) An evacuee who returns to Assam before the expiry of the appointed day may apply in writing to the Deputy Commissioner before the expiry of that day— (a) where a Deputy Commissioner’s Order has been made in respect 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 Deputy Commissioner’s Order has been made in respect of any of his evacuee property and such property is in the worngful use or occupation of any person—for the cancellation of such order and for the delivery of possession of such property, and (c) where any of his evacuee property is in the wrongful use or occupation of any person—for the delivery of possession of such property. (2) Upon an application as aforesaid being made the Deputy Commissioner shall— (a) in cases coming under clause (a) or (b) of sub-section (1) cancel the Deputy Commissioner’s Order ; (b) in cases coming under clause (b) or (c) of sub-section (1), cause the possession of such property to be delivered to the evacuee and may use or cause to be used such force as may be necessary for such purpose. (3) Where the Deputy Commissioner is of opinion that the cancellation of the Deputy Commissioner’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 Government shall thereupon refer the case to the Minority Commission constituted under Notification No.RHM.65/50/14, dated the 4th June 1950, for advice. The State Government shall after considering such advice pass such order as it thinks fit, so however, that if the State Government is of opinion that exceptional circumstances exist on account of which it would not be feasible to cancel the Deputy Commissioner’s Order or to cause the possession of the evacuee property to be delivered, it shall take such steps for the adequate rehabilitation of the evacuee as it deems necessary. (4) The cancellation of the Deputy Commissioner’s Order under clause (a) of sub-section (2) shall have effect subject to the provisions of sub-section (2) of section 5.