West Bengal Evacuee Property Act, 1951
No: 5 Dated: Mar, 21 1951
THE WEST BENGAL EVACUEE PROPERTY ACT, 1951
West Bengal Act V of 1951
An Act to provide for certain matters relating to evacuee property.
Whereas it is expedient to provide for certain matters relating to evacuee property :
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Evacuee Property Act, 1951.
(2) It extends to the whole of West Bengal.
(3) It shall come into force immediately on the West Bengal Evacuee Property Ordinance, 1951, ceasing to operate.
(4) It shall not apply to any property acquired or requisitioned by the State Government for the purposes of the State or for any public purpose.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(a) "allotment" means the grant by the Collector of a temporary right to use and occupy any property otherwise than by way of lease;
(b) "appointed day" means the 31st day of March, 1951;
(c) "evacuee" means a person ordinarily resident in West Bengal who on account of communal disturbances or the fear of such disturbances leaves, or has after the 15th day of August, 1947, left, West Bengal, for any place in Pakistan and includes the legal heirs of such person;
(d) "property" means immovable property;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "the Collector" used in relation to any property means -
(i) where the property is situated within Calcutta as defined in section 3 of the Calcutta Police Act, 1866 or within the suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866 -
the Commissioner of Police, Calcutta, or
an officer appointed in this behalf by the State Government to perform all or any of the functions of a Collector under this Act;
(ii) where the property is situated elsewhere than as aforesaid -
the Collector of the district within which the property is situated, or
an Additional District Magistrate of such district, appointed in this behalf by the State Government to perform all or any of the functions of a Collector under this Act;
(g) "the Committee" means the Evacuee Property Management Committee for West Bengal constituted under sub-section (1) of section 11;
(h) "urban area" means Calcutta as defined in clause (11) of section 3 of the Calcutta Municipal Act, 1923 or any place where the Bengal Municipal Act, 1932, is in force and includes any other area declared by the State Government to be an urban area for the purpose of this Act, by notification in the Official Gazette.
3. Evacuee property. - Every property of an evacuee lying in West Bengal, other than property in charge of the Court of Wards, is hereby declared to be evacuee property.