The Assam Evacuee Property Act, 1951
**ASSAM ACT XI OF 1951**

*THE ASSAM EVACUEE PROPERTY ACT, 1951

[Published in the “Assam Gazette, Extraordinary”, dated the 20th April .1951]

**An Act to provide lor certain matters relating to evacuee property**

Whereas it is expedient to provide for certain matters relating to evacuee

prop erty;

It is hereby enacted as follows :—

1. **Short title, extent and commencement.— (1) This Act may be called the**

Assam Evacuee Property Act, 1951.

(2) It extends to the whole of Assam.
(3) It shall come into force at once.

2. **Definitions.— In this Act, unless there is anything repugnant in the sub­**

ject or context—

(a) _“Adhiar” means a person who under the system generally known, as_

_Adh i (whether_ _Guchi-adhi_ or _Guti-adhi),_ barga, chukti, bhag or

chukani, cultivates the land of another person on condition of deli­
vering a share or quantity of the produce of such land to that pe rson ;

*For Statement of Objects and Reasons _see “Assam Gazette”, 1951, Part V,_

page 36.


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369

(b) “allotment” means the grant by the Deputy Commissioner **of the tem­**

porary right to use and occupy any property otherwise than by yvay

of lease ;

(c) “appointed day” means the 31st day of March 1951 ;
(d) “the Committee” means the Evacuee Property Management **Committee**

for Assam constituted under sub-section (1) of section 12 of this A ct;

(e) “the Deputy Commissioner” means the Deputy Commissioner of the

district within which the evacuee property is situated ;

(ij “evacuee” means a person ordinarily resident in Assam who on account

of communal disturbances or the fear of such disturbances leaves,
or has after the i5lh August 1947 left, Assam, for any place in
Pakistan and also includes his legal heir ;

(g) “property” means immovable prop erty;
**(ll)** “prescribed” means prescribed by rules made under this A ct;
(1) “Urban are a” 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.

3. Evacuee property.—Every property in Assam in which an evacuee has

a right or interest other than—

(a) property in charge of the Court of Wards, and
(b) property covered by an annual patta in a tribal belt or tribal block,

is hereby declared to be evacuee property.

4. Deputy Commissioner’s Order.—(1) th e Deputy **Commissioner** or an

officer to whom the powers of a Deputy Commissioner are delegated under
section 11 of diis 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 pro­
perty.

(2) While a Deputy Commissioner’s Order is m 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 lie 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 ;

(ji) 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.

5. **Provisions as to allotments.—(1) No allotment shall be m ad e-**

fa) 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 ;


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(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.

(2) An allotment and the terms and conditions thereof shall be binding

**on** the evacuee in respect of whose evacuee property the allotment has been
made, and also on the Committee but only for the period for which the allot­
ment is made.

(3) Nothing in this Act shall be deemed to confer on any person to whom

an allotment is made, any transferable right or the status of a tenant or of a

lessee.

(4) No person to whom an allotment of any evacuee property is made,

shall remain on such property after the expiry of the period of allotment and any
person so remaining, shall, if a Deputy Commissioner’s Order in respect of such
property is in force, be deemed to be wrongfully using or occupying such property
within the meaning of clause (b) of sub-section (2) of section 4.

6. **Cancellation of Deputy Commissioner’s** Order **and delivery of posses­**

**sion,-—(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 d a y -

fa) 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 womgful 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 occupa­

tion of any person —for the delivery of possession of such property.

(2) Upon an application as aforesaid being made the Deputy Commis­

sioner shall—

(a) in cases coming under clause (a) or (b) of sub-section (1) cancel the

Deputy Commissioner’s Ord er ;

(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 pur­
pose.

(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 Com­
mission 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 reha­
bilitation of the evacuee as it deems necessary.

(4) The cancellation of the Deputy Commissioner’s Order under clause (a)

## of sub-seetion (2) shall have effect subject to the provisions of sub-section (2) of
section 5.

**7- Exceptions.—Nothing in section 6(2)(b) shall apply to the following**

(a) an evacuee property of an evacuee, situated within a urban area, if the

evacuee left Assam prior to the 1st day of January, .1950, or


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371

(b) an evacuee property which, at the time of his leaving Assam, was

held by the evacuee as—

(i) a tenant-at-will or _thika tenant or monthly tenant in an urban area,_ **or**

(ii) an _adhiar in an area other than an urban area,_

if, on the date of receipt by the Deputy Commissioner, of an application under
sub-section (1) of section 6, such properly is

(a) let out in cases falling under (i) above, or
(b) allowed to be cultivated in cases falling under (ii) above,

by or with the authority of the immediate landlord of the evacuee to a person

other than the evacuee,

8. Exemption of evacuee property from attachment, etc,—(1) No evacuee

property shall be liable to attachment, distraint or sale in execution of a decree
or order of a Court, or any other authority, while a Deputy Commissioner’s
Order is in force in respect of such property.

(2) In computing the period of limitation applicable to any suit, appeal

or application in respect of any evacuee property, the time during which a Deputy
Commissioner’s Order remains in force in respect of such property shall be
excluded.

9. Expenses incurred by the Deputy Comnrissfuner,—(1) Any expenses in­

curred by the Deputy Commissioner in the exercise or discharge of any powers,
duties or functions under this Act or the rules made thereunder, in respect of

any evacuee property shall be the first charge on the receipts derived from
such property and any such expenses may be recouped by the Deputy Commis­
sioner out of such receipts.

(2) Subject to the provisions of sub-section (1) any land revenue, rent

or ccss payable in respect of such property shall have priority over other charges

on the receipts derived from such property.

(0. **Maintenance of accounts ami payment (<> the evacuee or his suceesssor,—**

(1) The Deputy Commissioner shall, in the prescribed manner maintain an

account of the receipts derived from and the payments made in respect of every
evacuee property, while a Deputy Commissioner’s Order is in force in respect
of such property.

(2) Upon the cancellation of a Deputy Commissioner’s Order under sec­

tion 6 or upon a. Deputy Commissioner's Order standing cancelled under sub­
section (4) of section 18, the Deputy Commissioner shall pay to the evacuee in

respect of whose evacuee property the Deputy Commissioner’s Ordci was made,
or his successor-in-interest, as (lie case may be, the balance which remains after
deducting the payments made in respect of such property from the receipts
derived from such property.

11. Delegation of Powers by the Deputy Commissioner,—The Deputy Com­

missioner may, with the prior approval of the State Government, by general or
special order, delegate all or any of his powers, duties or functions under this
Ad or the rules made thereunder to such officer of the State Government as he
thinks fit.

12. Constitution of the Committee.—(11 The State Government shall, by

notification in the Official Gazette, constitute an Evacuee Property Management
Committee for Assam.

(2) The Committee shall consist o f a President and three other members,
(3) The President shall be an officer o f the State Government appointed

in this behalf by the State Government from time to time, and the other mem­
bers shall be appointed by the State Government from among the members **of**
the Minority Community.

(4) The Committee shall be a body corporate by the name of the Evacuee

Property Management Committee of Assam and shall have perpetual succession
and a common seal and shall by the said name sue and be sued.


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372

**13. Resignation and removal of members and filling up of vacancies.-—(1)**

1

A member of the Committee, other than the President, may, by writing under j

of at

his hand, delivered to the prescribed officer of the State Government, resign his ;

office after giving one month’s notice of his intention to resign.

(2) The State Government may at any time remove any member of the

Committee on any of the following grounds, namely—

(a) that he has been convicted of an offence which, in the opinion of the i

State Government, involves moral turpitude ;

(b) that he has applied to be adjudged or has been adjudged an insol­

vent ;

(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 i
physical 'or mental infirmity;

**(d)** that he, in the opinion of the State Government, has been mismanag- j

ing the properties of which the Committee has taken charge.

cau

(3) In the event of a vacancy occurring in the office of any member of the j

to

Committee, other than the President, by death, resignation, removal or other- i

the

wise, the State Government shall fill up the vacancy in the manner provided in $
sub-section (3) of section 12,

sue

14. **Conduct of business of the Committee.—The Committee may, with the**

pre

approval of the State Government, make regulations for conducting its business

to

and may act notwithstanding any vacancy in the office of any member other than
that of the President :

Provided that the quorum for a meeting of the Committee shall be two on

members, one of whom shall be the President. **pre**

chi

15. **Officers of the Committee.—The Committee** may appoint with the shi

approval of the State Government such officers (hereinafter referred to as mi

Administrative Officers) as may be necessary for the proper discharge of its sh;

functions under this Act and way also appoint such other staff as it considers j

necessary.

(4:

16. **Allowances of President and Members and remuneration of Officers.— g** pi­

(1) The members of the Committee shall not be entitled to any salary but may 2
receive such allowances as may be fixed by the State Government. th

(2) The remuneration of the Administrative Officers and of other staff shall be | **ev**

such as may be fixed by the State Government.

Pi
fu

17. **Expenses incurred by the Committee.—(1) The salary and allowances of** m

the President, the allowances of other members of the Committee the remunera- i

tion of the Administrative Officers and other staff and such other expenses as may hi
be incurred by the Committee in the exercise or discharge of any of its powers,
duties and functions under this Act or the rules made thereunder, in respect of

P

any evacuee property, shall be defrayed out of a levy at such rate, as may be tl
prescribed, on the receipts derived from such property and shall, subject to the si
provisions of section 9, be a first charge on such receipts. u

(2) The State Government may from time to time make such advances to

**the** Committee as may be necessary to enable it to function. All such advances **C**

shall be recoverable with interest at three _per centum per annum_ from the E

receipts derived from the properties which may vest in the Committee and shall
subject to sub-section (1) be a charge on every and all such properties and shall
have priority over all other charges on every and all such properties.

(3) The moneys received by the Committee from time to time under the t .

provisions of this Act shall constitute a fund which may be declared to be a (

“local fund” under sub-section (4) of Section 2 of the Assam Local Funds
(Accounts and Audit) Act. 1930, Assam Act II of 1930, by the State Govern­ 1

ment.


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373

~(1 ) 18. Management by the Committee,-—(I) The Committee may take charge
inder

of any evacuee property of an evacuee in the following cases—-

a his

(a) where a report is received from the Deputy Commissioner under

clause (d) of sub-section (2) of section 4, or

the

(b) where the State Government has taken steps for the rehabilitation of

the evacuee under sub-section (3) of section 6, or

f the

(c) where before the appointed day the evacuee makes a declaration

before the prescribed authority of bus intention not. to return to

nsol-

Assam, or

(d) where after the appointed day the evacuee has not returned to Assam,

or

whether there is or not a declaration by the evacuee of his intention

at of

not to return or whether there is or is not an application to the

Committee to take charge of his property.

tiag-

(2) Before taking charge of an evacuee property, the Committee shall

cause a public notice to be given in tire prescribed manner calling for objections

' the

to the taking of charge of such property by the Committee to be filed before

thcr-

the Committee within a date specified in such notice.

d in

(3) If after considering the objections filed within the date specified in

such notice the Committee is of opinion that there is a dispute as to whether such

the

property is the property of the evacuee, the Committee shall refer such dispute

iness

to the Deputy Commissioner for summary enquiry and decision.

than

(4) If there is no such dispute as aforesaid or if the Deputy Commissioner

two

on being referred to under sub-section (3), decides that such property is the

property of the evacuee, the Committee shall pass an order directing that the
charge of the property be taken by the Committee and thereupon such property

the

shall, subject to the provisions of sub-section (2) of section .5, vest in the Com ­

as

mittee and any Deputy Commissioner’s order made in respect of such property

its

shall stand cancelled

ders

(5) Where any evacuee property vests in the Committee under sub-section

(4), the Committee shall, as soon as may be, give public notice of the fact in the
prescribed manner.

may

(6) . Notwithstanding anything contained in the foregoing provisions of

this section, the Committee shall not take charge of any evacuee property if the

1 be evacuee being the sole owner or the entire body of co-sharer owners of such

property, objects to the charge thereof being taken by the Committee and

furnishes evidence to the satisfaction of the Committee that adequate arrange­

s of

ments have been made for the management and proper utilisation thereof.

era-

(7) Nothing in this section shall affect the right of any person to establish

nay his title in a competent Court.
'CfS,

19. Power of evacuee to dispose of property,-—(T) An evacuee, whose pro ­

t of

perty has vested in the Committee, may. if he has an absolute transfer ably right

be

therein according to the law in force for the time being, at any time dispose of

the

such property by sale, exchange, gift or otherwise but not by way of lease or bv
unsufructuary mortgage.

! tO

(2) Upon such disposition as aforesaid, the evacuee shall intimate the

ices

Committee thereof and the Committee shall as soon as may be, cause a public

the notice to be given in the prescribed manner.

hall
hall

(3) A disposition as aforesaid shall, subject to the provisions of sub­

section (2) of section 5 and sub-section (3) of section 22, take effect on and from

the the date of the publication of the notice referred to in sub-section (2) and

a

on and from that date the evacuee property shall cease to vest in the Committee

nds and the Committee shall be absolved from all further responsibility in respect
:rn- thereof.


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20. **Power, rights and liabilities of the Committee—(1) Notwithstanding any**

other provision of this Act, the Committee shall have, in respect of any evacuee 23
property of an evacuee vested in it, only such rights, interest, powers and liabili- ; after

ties as the evacuee had over such property. to thi

(2) The Committee shall take such measures as may be necessary for the the (

good management and protection of any evacuee property of an evacuee vested (
in it, for the assertion of title thereto and for obtaining possession thereof and ; shall

may for such purposes do all acts and incur all expenses which are necessary or perty
incidental. withii

(3) (i) The Committee shall maintain in the prescribed form, accounts of all ’ (

**evacuee** property vested in it, **a** separate account being maintained in respect ■; such

of each evacuee or where the property of a body of co-sharer evacuees is managed restor
jointly, in respect of each such body of co-sharer evacuees. (-

(ii) The State Government shall cause accounts to be audited at such | such

intervals and by such person as may be prescribed. The cost of such audit if nec

shall be paid by the Committee according to the prescribed scale. the pi

(iii) A copy of the audited accounts as aforesaid of the evacuee property in thf

shall be supplied to the evacuee or the body of co-sharer evacuees by the | order

Committee on application and the audited accounts shall also be available in the ’ (i

prescribed manner for inspection by the evacuee or any co-sharer evacuee or the m
any agent of the evacuee or a co-sharer evacuee authorised in writing. sub-se

subjee

(4) The Committee shall pay to an evacuee in such manner and at such the ei

intervals as may be prescribed, the receipts derived from his property vested 0
in the Committee, after deducting therefrom all sums debitable to such preset

receipts. (t

his tit

21. **Certain payments not to be valid discharge.—No payment made,** after

publication of a notice under sub-section (5) of section 18, on account of any p 24

amount due to the evacuee in respect of his property vested in the Committee 1 evacw

save' and except to the Committee or some person appointed by the Committee, 1 not la

shall constitute a valid discharge of any liability in respect thereof. Comn

Coma

22. **Restrictions on transfer by Committee.—(1) Save** and except as provided G

in sub-section (2), the Committee shall not be entitled to transfer any evacuee shall <
property vested in it, except with the written consent of the evacuee. nient

(21 Subject to sub-section (1) of section 20, the Committee may grant a title a

lease of any evacuee property vested in it or part thereof for a period not , G

exceeding three months in urban areas and twelve months in other cases, at any such i
one time : evacut

Provided that in granting such lease the Committee shall on each occasion G

give the first preference to the person to whom any allotment of such property such l
or a part thereof was made, except where the Deputy Commissioner reports to if neci
the Committee that such person committed a breach of the terms and condi­ the pr
tions of such allotment, or where such property consists of land used for or in ( in the

connection with agricultural purposes, neglected to cultivate such property 3 order

properly. cant,

(3) A lease as aforesaid shall be binding on the evacuee and his successors- (i

in-interest but only for the period for which the lease is granted. sub-se

(4) Notwithstanding anything contained in this Act or any other law, no possib

lease granted by the Committee under this section shall confer a heritable or sub-se,

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 the ev

over after the expiry of the lease, he shall be liable to eviction by order of a sub-se,
competent Court of law. subjec

the ev


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375

; any
icuee 23. **Restoration** of property io evacuee,—(1) An evacuee may at any time

abili- after he returns to Assam but not later than the appointed day apply in writing
to the Committee for the restoration of any of his evacuee property of which

r the the Committee has taken charge.

ested (2) As soon as may be after such application is received, the Committee

and shall cause a public notice to be given in the prescribed manner that such pro-

ry or perty shall be restored to the applicant if no objections to his title are received

within a date specified in such notice.

if all (3) if no objections as aforesaid are received within the date specified in

sp ed such notice, the Committee shall make an order that the. evacuee property be

laged restored to the applicant.

(4) if any objections as aforesaid are received within the date specified in

such such notice, the Committee shall summarily decide such objections after calling,

audit if necessary, for a report from the Deputy Commissioner of the district in which

the property or any part thereof is situated. If tlie Committee, after proceeding

perty in the manner aforesaid, rejects such objections, the Committee shall make an

the order that the evacuee property be restored to the applicant,

n the (5) Upon an order under sub-section (3) or sub-section (4) being made,

:e or the evacuee property shall cease to vest in the Committee and shall, subject to
sub-section (3) of section 22, vest in the applicant and the Committee shall,
subject to sub-section (7), be absolved of all further responsibility in respect of

such the evacuee property.

'ested (6) The Committee shall, as soon as may be, give public notice in the

such prescribed manner of any order made under sub-section (3) or sub-section (4).

(7) Nothing in this section -.hall affect the right of any person to establish

his title in a competent Court.

after

any 24. **Restoration or management of property to a certain class of returning**

nittee evacuees,—(1) An evacuee who returns to Assam after the appointed day but

littee. not later than the 31st day7 of December 1953, may apply in writing to the

: Committee for restoration of management of his evacuee property of which the

Committee has taken charge.

vided (2) As soon as may be after such application is received, the Committee

acuee shall cause a public notice to be given in the prescribed manner that the manage­
ment of such property shall be restored to the applicant if no objections to his

mt a title are received within a date specified in such notice,

not (3) If no objections as aforesaid are received within the date specified in

t any such notice, the Committee shall make an order that the management, of the

evacuee property be restored to the applicant.

:asion (4) If any objections as aforesaid are received within the date specified in

iperty such notice, the Committee shall summarily decide such objections after calling,

rts to if necessary, for a report from the Deputy Commissioner of the district in which,

ondi- the property or any part thereof is situated. If the Committee, after proceeding

or in in the manner aforesaid, rejects such objections, the Committee shall make an

iperty order that the management of the evacuee property be restored to the appli­

cant .

ssors- (5) An order for restoration of management of an evacuee property under

sub-section (3) or sub-section (4) shall be made ’with as much expedition as

v, no possible and in any case within six months from the date of the application under

e or : sub-section (1).

t (6) Upon an order under sub-section (3) or sub-section (4) being **made,**

holds the evacuee property shall cease to vest in the Committee and shall, subject to

of a sub-section (3) of section 22, vest in the applicant and the Committee **shall,**

subject to sub-section (7), be absolved of all further responsibility in respect of

the evacuee property.


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-J »" *7^, i? 0;C, ^ . ,. .

376

(7) The Committee shall, as soon as may be, give public notice in the

prescribed manner of any order made under sub-section (3) or sub-section (4).

(8) Nothing in lliis section shall affect the right of any person to establish

liis title in a competent Court.

25. **Possession to be delivered by force if necessary.—(1) If any** evacuee

property, the charge of which is taken by the Committee or in respect of which
an order under sub-section (3) or sub-section (4) of section 23 has been made,
is in the wrongful use or occupation of any person, the Deputy Commissioner
shall, on application made to him by the Committee, cause such person to be
evicted from such evacuee property and may use or cause to be used such force
as may be necessary for the purpose.

(2) Any person in the wrongful use or occupation of such property shall,

in addition to being proceeded against under sub-section (1), be liable to pay to
the Committee damages for such wrongful use or occupation.

26. **Delegation of powers, duties** **and** **functions.—The** Committee may

delegate all or any of its powers, duties or functions under this Act or the

rules made thereunder to an Administrative Officer to be performed or exercised
within his jurisdiction.

27. **Control of Administrative Officers.—(1) All Administrative Officers shall**

be under the supervision and control of die Committee and the Committee may,
on its own motion or on application, review, rescind or vary any order of an

Administrative Officer.

(2) The Deputy Commissioner or such other officer as may be authorised

by the State Government in this behalf shall have power to inspect the work of
any Administrative Officer and the staff subordinate to him and examine **any** Ass,

records, books of account or other documents maintained by the Administrative

Officer. exe!

28. **President, members and Officers to be public servants.—The** President, to 1

the other members of the Committee, every Administrative Officer and every Act

other person duly appointed under this Act or the rules made thereunder shall acti
be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (Act XLV of 1860).

29. **Bar of jurisdiction.—Save and except as expressly provided in this Act,**

no order of the State Government or of the Deputy Commissioner, or of the

Committee or of an Administrative Officer, made or purported to be made
thereunder, shall be questioned in any Court of law.

30. **Protection and indemnity.—(1) No suit or other legal proceeding shall**

lie against the Siate Government or any servant of the Stale Government for

anything which is in good faith done or intended to be done in pursuance of

this Act or the rules made thereunder.

(2) No suit, prosecution or other legal proceeding shall lie against the

Committee or any person for anything which is in good faith done or intended to
be done in pursuance of this Act or the rules made thereunder. b

(3) No suit, prosecution or other legal proceeding shall lie against the

State Government or any servant of the State Government for anything which

before the commencement of this Act, was in good faith done or intended to be t!
done for the protection, preservation or management of any property of **an**

evacuee.

31. Recovery of **dues.—Any sum payable to the Deputy Commissioner** **or** (

to the Committee under this Act or the rules made thereunder may be recovered
as if the same were an arrear of land revenue.

32. **Act to override other law.—The provisions of this Act shall have effect**

notwithstanding anything to the contrary in any other **law.**


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377

33. **Power to** make rules,—(1) The State Government may make rules for

**;bc** carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing

ish provisions, such rules may provide tor all or any of the following matters,

namely

(a) the form of an order by the Deputy Commissioner under sub-section

tee

f 1) of section 4 ;

ch

(b) the manner in which the accounts referred to in sub-section (1) of

Je,

section 10 shall be maintained.;

ter

(c) the officer to whom the writing referred to in sub-section (1) of section

be

13 shall be delivered ;

ce

(d) the rate of the levy referred to in sub-section (1) of section 17 ;
(e) the manner in which a public notice shall be given under sub-section

ilk (2) or sub-section (5) of section 18, sub-section (2) of section 19, sub­

to section (2) or sub-section (6) of section 23 or sub-section (2) or sub­

section (7) of section 24 ;

ay (f) the form in which accounts referred to in clause (i) of sub-section (3)
lie of section 20 shall be maintained, the intervals at which and the
ed persons by whom such accounts shall be audited under clause (ii) of

that sub-section and the scale referred to in that clause ;

til (g) the manner in which audited accounts shall be available for inspec­

y. tion under clause (iii) of sub-section (3) of section 20 ;

in (h) the manner in which and the intervals at which the payment under

sub-section (4) of section 20 shall be made r

;d (i) any other matter required to be prescribed under this Act.
of 34. Repeal and Saving.—(1) The Assam Evacuee Property Ordinance, 1951
iy Assam Ordinance No.I of 1951, is hereby repealed.
ze (2) Notwithstanding such repeal, anything done or any action taken in

exercise of any powers conferred by or under the said Ordinance shall be deemed

it, to have been done or taken in exercise of the powers conferred by or under this
ry Act, as if this Act were in force on the day on which such thing was done or
di action taken.
tri

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