Section 18 in The Assam Evacuee Property Act, 1951
18. Management by the Committee.
(1)The Committee may take charge of evacuee property of an evacuee in the following cases :(a)where a report is received from a Deputy Deputy Commissioner under clause (d) of sub-section (2) of Section 4, or(b)where the State Government has taken steps for the rehabilitation of the evacuee under sub-section (3) of Section 6, or(c)where before the appointed day the evacuee makes a declaration before the prescribed authority of his intention not to return to Assam, or(d)where after the appointed day the evacuee has not returned to Assam, 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)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 property is the property of the evacuee, the Committee shall refer such dispute to the Deputy Commissioner for summary enquiry and decision.(4)If there is no such dispute as aforesaid or if the Deputy Commissioner 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 shall, subject to the provisions of sub-section (2) of Section 5, vest in the Committee and any Deputy Commissioner's order made in respect of such property shall stand cancelled.(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 manner prescribed.(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 of the entire body of the 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 the proper utilisation thereof.(7)Nothing in this section shall affect the right of any person to establish his title in a competent Court.
