Section 2 in The Bihar Evacuee Property (Management) Act 1953
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context:-(a)"Allotment" means the grant by a person duly authorised in this behalf of a right of use or occupation of any evacuee property to any other person, but does not include a grant by way of lease;(b)"Central Act" means the Administration of Evacuee Property Act, 1950 (XXXI of 1950);(c)"Committee" means the Evacuee Property Management Committee constituted under Section 4;(d)"Evacuee" means any person who, on account of communal disturbance or fear thereof, has, between the 1st October, 1946 and the 11th April, 1950, left any place in the State of Bihar for any place now forming Part of the Province of East Bengal in Pakistan and has decided not to return to Bihar and includes, in case of his death, his legal heirs.Explanation. - (i) A statement made by such person that he left Bihar on account of communal disturbance or fear thereof will be presumed to be correct unless there is evidence to the contrary.(ii)A Government servant in Bihar who opted for service in Pakistan in 1947 and is now employed in the Province of East Bengal in Pakistan, but has his home in Bihar, will be deemed to have left Bihar on account of communal disturbances or fear thereof on the basis of a statement made by him to that effect unless there is evidence to the contrary.(e)"Evacuee property"means any immovable property in the State of Bihar belonging to a person who is an evacuee within the meaning of this Act, and which, on application made by the evacuee, with a view to bring the property under the provisions of this Act-(i)is declared by the State Government, after such inquiry as it may think fit, to be evacuee property under this Act; or(ii)if it was already declared to be evacuee property under Section 7 of the Central Act, is exempted under Section 52 of that Act from the operation of all its provisions:Provided that no such application shall be entertained unless it is accompanied by a declaration in writing by the evacuee of his decision not to return to Bihar:Provided further that no such declaration shall be necessary in the case of a legal heir who has not migrated to Pakistan but becomes an evacuee by reason of the death of the evacuee of whom he is heir; and(f)"Prescribed" means prescribed by rules made under this Act.
