Section 21 in The West Bengal Evacuee Property Act, 1951
21. Restrictions on transfer by Committee.
(1)Save and except as provided in sub-section (2), the Committee shall not be entitled to transfer any evacuee property vested in it, except with the written consent of the evacuee.(2)The Committee may lease or let out any evacuee property vested in it or part thereof for a period, not exceeding [three months] [On section 2 of W.B. Act 30 of 1954, being brought into force, the words 'five years' shall be substituted for the words 'three months' and the words 'ten years' shall be substituted for the words 'twelve months', vide clauses (a) and (b) of Section 2 of W.B. Act 30 of 1954.] in the case of evacuee property situated in an urban area and not exceeding [twelve months] [On section 2 of W.B. Act 30 of 1954, being brought into force, the words 'five years' shall be substituted for the words 'three months' and the words 'ten years' shall be substituted for the words 'twelve months', vide clauses (a) and (b) of Section 2 of W.B. Act 30 of 1954.] in the case of other evacuee property, at any one time :Provided that in leasing or letting out the evacuee property, the Committee shall give on each occasion the first preference to the person to whom any allotment of such property or a part thereof was made by the Collector under the West Bengal Evacuee Property Ordinance, 1951, except where the Collector reports to the Committee that such person committed a breach of the terms and conditions of such allotment, or where such property consists of land used for or in connection with agricultural purposes, neglected to cultivate such property properly.(3)A lease or letting out as aforesaid shall be binding on the evacuee and his successors in interest but only for the period for which the evacuee property is leased or let out.(4)Notwithstanding anything contained in any other law for the time being in force, nothing in this section shall confer a right of occupancy on any person to whom any evacuee property is leased or let out by the Committee.(5)If the person to whom any evacuee property is leased or let under sub-section (2) holds over after the expiry of the period of lease or letting out, such person shall be liable to be evicted without notice.
