Section 17 in The West Bengal Evacuee Property Act, 1951
17. Management by the Committee.
(1)The Committee may take charge of any evacuee property of an evacuee in the following cases :-(a)where a report is received from the Collector under sub-section (2) of section 4, or(b)where before the appointed day the evacuee makes a declaration before the prescribed authority of his intention not to return to West Bengal, or(c)where after the appointed day the evacuee has not returned to West Bengal, whether there is or is not a declaration by the evacuee of his intention not to return or whether there is or is not an application to the Committee to take charge of his property.(2)Before taking charge of an evacuee property, the Committee shall cause a public notice to be given in the prescribed manner calling for objections to the taking of charge of such property by the Committee to be filed before the Committee within a date specified in such notice.(3)Where objections are filed under sub-section (2), the Committee shall summarily decide the objections after calling, if necessary, for a report from the Collector of the district in which the property or any part thereof is situated.(4)If there are no such objections as aforesaid or if the Committee, after proceeding in the manner aforesaid, rejects all such objections, the Committee shall pass an order directing that the charge of the property be taken by the Committee and thereupon such property shall vest in the Committee and any Collector's Order made in respect of such property shall stand cancelled.(5)Where any evacuee property vests in the Committee under subsection (4), the Committee shall, as soon as may be, give public notice of the fact in the prescribed manner.(6)Notwithstanding anything contained in the foregoing provisions of this section, the Committee shall not take charge of any evacuee property if the 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 arrangements have been made for the management and proper utilization thereof.(7)Nothing in this section shall affect the right of any person to establish his title in a competent Court.
