The Assam Evacuee Property Act, 1951

ASS AM ACT XI OF 1951 *TH E ASSAM EV ACUEE PR OP ER TY ACT , 1951 [Publ ished in the “Assam Gazette, Ext raordin ary”, date d the 20th Apr il .1951] An Act to provide lor certain matters relating to evacuee property Whereas it is expedient to provide for certain matters relating to evacuee prop er ty ; It is hereby enacted as follows :— 1. Short title, extent and commencement.— (1) This Act may be called the Assam Evacuee Property Act, 1951. (2) It extends to the whole of Assam. (3) It shall come into force at once. 2. Definit ions.— In this Act, unless there is anything repugnant in the sub ­ ject or context— (a) “Adh iar” means a person who under the system generally known, as Adh i (whether Guchi -adhi or Guti-adhi), barga, chukt i, bhag or chukani, cultivates the land of another person on condi tion of deli­ vering a share or quantity of the produce of such land to tha t pe rson ; *For Statement of Objects and Reasons see “Assam Gazette” , 1951, Pa rt V, page 36. M M S f e 369 (b) “allotment” means the grant by the Deputy Commissioner of the tem­ porary right to use and occupy any property otherwise than by yvay of lease ; (c) “appointed day” means the 31st day of March 1951 ; (d) “the Committee” means the Evacuee Property Managem ent Committee for Assam constituted unde r sub-section (1) of section 12 of this A c t; (e) “the Deputy Commissioner” means the Deputy Commissioner of the district within which the evacuee property is situa ted ; (ij “evacuee” means a person ordinarily resident in Assam who on account of communal disturbances or the fear of such disturbances leaves, or has after the i5l h August 1947 left, Assam, for any place in Pakis tan and also includes his legal heir ; (g) “proper ty” means immovable prop er ty ; (ll) “prescribed” means prescr ibed by rules made under this A c t; (1) “Urban are a” means any area included in a Munic ipality or a small town constitu ted under the provisions of the Assam Municipal Act, 1923 (Assam Act 1 of 1923), and such other areas as may be notified by the State Government in the Official Gazette as urban areas for the purposes of this Act. 3. Evacuee property.—Every proper ty in Assam in which an evacuee has a right or interest othe r than— (a) property in charge of the Court of Wards, and (b) proper ty covered by an annual pat ta in a tribal belt or triba l block, is hereby declared to be evacuee property. 4. Deputy Commiss ioner’s Order.—(1) th e Depu ty Commissioner or an officer to whom the powers of a Deputy Commiss ioner are delega ted unde r section 11 of diis Act if he is satisfied with respec t to any evacuee property tha t such proper ty is lying un-occupied . uncultiva ted or uncared for, or has come to be wrongfully used or occupied by any person, may make an orde r in the prescribed form, styled a Deputy Commissioner’s Order in respect of such pro­ perty. (2) While a Deputy Commissioner’s Order is m force in respect of any' evacuee property of an evacuee, the Deputy Commissioner, .subject to any general or special orders of the State Governmen t,— (a) may take such, measure as he considers necessary or exped ient for the purposes of managing, protecting and preserving such property and may for such purposes do such acts and incur such expenses as may be necessary or incidental ; (b) may remove or cause to be removed by force if necessary, any person who is wrongfully using or occupying such prop erty ; (c) may, subjec t to the provisions of section 5, make any allotment of such property or part thereof to any person on such terms and conditions, as lie thinks f it ; (d) shall report to the Committee— (i) if before the expiry of the appointed day. the evacuee makes to the Deputy Commiss ioner a declarat ion of his inten tion not to retu rn to Assam—as soon as may be. after he receives such decla ration ; (ji) if before the expiry of the appo inted day, the evacuee does not make a decla ration to the Deputy Commissioner of his intention not to retu rn to Assam—as soon as may be, after the appo inted day. 5. Provisions as to allotments.—(1) No allotment shall be m a d e - fa) where the evacuee property consists of residential or business premises or vacant land situa ted within an urban area—for a period extending beyond the 7th day of February, 1951 ; (b) where the evacuee property consists of land or homestead used for or in connec tion with agricu ltural purposes—for a period extending beyond the 7th day of Februar y, 1951. (2) An allotment and the terms and conditions thereof shall be binding on the evacuee in respect of whose evacuee prop erty the allotment has been made , and also on the Comm ittee but only for the perio d for which the allo t­ ment is made. (3) Noth ing in this Ac t shall be deemed to confer on any person to whom an allotment is made, any transferable right or the statu s of a tenant or of a lessee. (4) No person to whom an allotment of any evacuee property is made, shal l remain on such property after the expiry of the period of allotmen t and any person so remaining, shall, if a Deputy Comm issioner’s Order in respec t of such prop erty is in force, be deemed to be wrongfully using or occupying such property within the meaning of clause (b) of sub-sect ion (2) of section 4. 6. Cancellation of Deputy Commissioner’s Order and delivery of posses­ sion,-—(1) An evacuee who returns to Assam before the expiry of the appo inted day may apply in writing to the Deputy Commissioner before the expiry of that d a y - fa) where a Depu ty Commissioner’s Order has been made in respec t of his evacuee property and such prop erty is not in the wrongful use or occupa tion of any person—for the cancellation of such orde r ; (b) where a Deputy Commissioner’s Ord er has been mad e in respect of any of his evacuee property and such property is in the womgful use or occu pation of any person—for the cance llation of such orde r and for the delivery of possession of such property, and (c) where any of his evacuee property is in the wrongful use or occu pa­ tion of any person—for the delivery of possession of such proper ty. (2) Upo n an application as aforesaid being made the Deputy Comm is­ sioner shall— (a) in cases coming under clause (a) or (b) of sub-section (1) cancel the Deputy Commissioner’s O rd er ; (b) in cases coming under clause (b) or (c) of sub-sect ion (1), cause the possession of such property to be delivered to the evacuee and may use or cause to be used such force as may be necessary for such pur­ pose. (3) Where the Depu ty Commissioner is of opinion tha t the cancel lation of the Deputy Commissioner’s Order or the delivery of possession would not be feasible under sub-section (2), he shall report the case to the State Government and the State Government shall thereupon refer the case to the Minority Com­ mission cons tituted unde r Notif ication No.RHM.65 /50/14, dated the 4th June 1950, for advice. The State Government shall after considering such advice pass such ord er as it thin ks fit, so however, tha t if the State Government is of opinion that exceptional circumstances exist on account of which it would not be feasible to cancel the Deputy Commissioner’s Order or to cause the possession, of the evacuee property to be delivered, it shall take such steps for the adequate reha­ bilitation of the evacuee as it deems necessary. (4) The cancellation of the Deputy Commissioner’s Order unde r clause (a) of sub-seetion (2) shall have effect subject to the provisions of sub-sect ion (2) of section 5. 7- Exceptions.—Nothing in section 6(2)(b) shall apply to the following (a) an evacuee property of an evacuee, situated within a urb an area , if the evacuee left Assam prior to the 1st day of Janu ary, .1950, or 371 (b) an evacuee property which, at the time of his leaving Assam, was held by the evacuee as— (i) a tenant-at-w ill or thika tenant or monthly tenant in an urban area , or (ii) an adhiar in an area other than an urban area, if, on the date of receip t by the Deputy Commissioner, of an application unde r sub-section (1) of section 6, such properly is (a) let out in cases falling under (i) above, or (b) allowed to be cultivated in cases falling under (ii) above, by or with the authori ty of the immediate landlord of the evacuee to a person other than the evacuee, 8. Exemption of evacuee property from attachment, etc,—(1) No evacuee proper ty shall be liable to attachment , distr aint or sale in execution of a decree or order of a Cour t, or any other authority, while a Deputy Commissioner’s Order is in force in respec t of such proper ty. (2) In comput ing the period of limitation applicable to any suit, appea l or application in respect of any evacuee proper ty, the time during which a Deputy Commissioner’s Order remains in force in respect of such property shall be excluded. 9. Expenses incurred by the Deputy Comnrissfuner,—(1) Any expenses in­ curred by the Deputy Commissioner in the exercise or discharge of any powers, duties or functions under this Act or the rules made thereunder, in respect of any evacuee property shall be the first charge on the receipts derived from such property and any such expenses may be recouped by the Deputy Commis­ sioner out of such receipts. (2) Subject to the provisions of sub-section (1) any land revenue , rent or ccss payab le in respect of such proper ty shall have priority over oth er charges on the receipts derived from such property. (0. Maintenance of accounts ami payment (<> the evacuee or his suceesssor ,— (1) The Deputy Commissioner shall, in the prescribed manner maintain an account of the receipts derived from and the payments made in respect of every evacuee property, while a Deputy Commissioner’s Order is in force in respect of such property . (2) Upon the cancel lation of a Deputy Commissioner’s Order under sec­ tion 6 or upon a. Deputy Commissioner's Order standing cancelled under su b­ section (4) of section 18, the Deputy Commissioner shal l pay to the evacuee in respect of whose evacuee property the Deputy Commissioner’s Ordci was made, or his successor-in-in terest, as (lie case may be, the balance which remains afte r deducting the payments made in respect of such property from the receipts derived from such property. 11. Delegation of Powers by the Deputy Commissioner,—The Deputy Com ­ missioner may, with the prior approval of the State Government , by general or special order , delegate all or any of his powers, duties or functions under this A d or the rules made thereunder to such officer of the State Government as he thinks fit. 12. Consti tution of the Commit tee.—(11 The State Government shall, by notificat ion in the Official Gazet te, const itute an Evacuee Prope rty Management Comm ittee for Assam. (2) The Committee shall consist o f a President and three other members, (3) The President shall be an officer o f the State Government appointed in this behal f by the State Government from time to time, and the other mem­ bers shall be appointed by the State Government from among the members of the Minority Community. (4) The Committee shall be a body corporate by the name of the Evacuee Prope rty Management Committee of Assam and shall have perpetua l succession and a common seal and shall by the said name sue and be sued. 372 13. Resignation and removal of members and filling up of vacancies.-—(1) A member of the Commit tee, other than the President, may, by writing under j his hand, delivered to the prescribed officer of the State Government, resign his ; office after giving one month’s notice of his inten tion to resign. (2) The State Government may at any time remove any member of the Committee on any of the following grounds, namely— (a) tha t he has been convicted of an offence which, in the opinion of the i State Government, involves mora l turp itude ; (b) tha t he has applied to be adjudged or has been adjudged an insol­ vent ; (c) that he, in the opinion of the State Government , is incompetent, or : incapable of or unfit to perform the duties of his office on account of i physical 'or mental inf irm ity ; (d) tha t he, in the opinion of the State Government, has been mismanag- j ing the properties of which the Committee has taken charge. (3) In the event of a vacancy occurr ing in the office of any member of the j Committee, other than the President, by death , resignation , removal or other- i wise, the State Government shall fill up the vacancy in the manner prov ided in $ sub-section (3) of section 12, 14. Conduct of business of the Committee.—The Committee may, with the approva l of the State Governmen t, make regula tions for conducting its business and may act notwithstanding any vacancy in the office of any mem ber othe r than that of the Pres iden t : Provided tha t the quorum for a meeting of the Committee shall be two members, one of whom shall be the President. 15. Officers of the Committee.—The Committee may appoint with the approval of the State Government such officers (here inafte r referred to as Adm inis trative Officers) as may be necessary for the proper discharge of its funct ions under this Act and way also appoint such other staff as it considers j necessary. 16. Allowances of President and Members and remuneration of Officers.— g (1) The members of the Committee shall not be entitled to any salary but may 2 receive such allowances as may be fixed by the State Government. (2) The remu nera tion of the Administrative Officers and of other staff shall be | such as may be fixed by the State Government. 17. Expenses incurred by the Committee.—(1) The salary and allowances of the President, the allowances of othe r members of the Committee the remunera- i tion of the Administ rative Officers and other staff and such other expenses as may be incur red by the Committee in the exercise or discharge of any of its powers, duties and functions under this Ac t or the rules made thereunder, in respec t of any evacuee property, shall be defrayed out of a levy at such rate, as may be prescribed, on the receipts derived from such property and shall, subjec t to the provis ions of section 9, be a first charge on such receipts. (2) The State Government may from time to time make such advances to the Committee as may be necessary to enable it to function. All such advances shall be recoverable with interest at three per centu m per annum from the receip ts derived from the properties which may vest in the Comm ittee and shall subje ct to sub-section (1) be a charge on every and all such properties and shall have prior ity over all othe r charges on every and all such properties. (3) The moneys received by the Committee from time to time unde r the provisions of this Ac t shall const itute a fund which may be decla red to be a “local fund” unde r sub-section (4) of Section 2 of the Assam Local Funds (Accounts and Audi t) Act. 1930, Assam Act II of 1930, by the State Govern­ ment. 1 of at cau to the sue pre to on pre chi shi mi sh; (4: pi­ th ev Pi fu m hi P tl si u C E t . ( 1 373 ~(1 ) inder a his the f the nsol- or at of tiag- ' the thcr- d in the iness than two the as its ders may 1 be s of era- nay 'CfS, t of be the ! tO ices the hall hall the a nds :rn- 18. Management by the Committee,-—(I) The Committee may take charge of any evacuee proper ty of an evacuee in the following cases—- (a) where a report is received from the Deputy Commissioner unde r clause (d) of sub-section (2) of section 4, or (b) where the State Government has taken steps for the rehabilitation of the evacuee unde r sub-section (3) of section 6, or (c) where before the appointed day the evacuee makes a decla ration before the prescr ibed authority of bus inten tion not . to retu rn to Assam, or (d) where after the appointed day the evacuee has not returned to Assam, whether there is or not a declaration by the evacuee of his intention not to return or whether there is or is not an appl icat ion to the Committee to take charge of his property. (2) Before taking charge of an evacuee property, the Committee shall cause a publ ic notice to be given in tire prescr ibed manner calling for object ions 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 tha t there is a dispute as to whether such property is the property of the evacuee, the Comm ittee 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 tha t such property is the property of the evacuee, the Committee shall pass an orde r directing that the charge of the property be taken by the Commit tee and thereupon such property shall, subject to the provis ions of sub-section (2) of section .5, vest in the Com ­ mittee and any Deputy Commissioner’s orde r made in respect of such property shall stand cancelled (5) Where any evacuee property vests in the Committee unde r sub-section (4), the Comm ittee shall, as soon as may be, give publ ic 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 adeq uate arrange­ ments have been made for the management and proper utilisation thereof. (7) Nothing in this section shall affect the right of any person to establish his title in a competent Cour t. 19. Power of evacuee to dispose of property ,-—(T) An evacuee, whose pro ­ perty has vested in the Committee, may. if he has an abso lute trans fer ably right therein accord ing to the law in force for the time being, at any time dispose of such property by sale, exchange, gift or otherwise but not by way of lease or bv unsufructuary mortgage. (2) Upon such disposition as aforesaid , the evacuee shall intimate the Committee thereof and the Committee shall as soon as may be, cause a public notice to be given in the prescribed manner. (3) A disposition as aforesaid shall, subject to the provisions of sub ­ section (2) of section 5 and sub-section (3) of section 22, take effect on and from the date of the publication of the notice referred to in sub-section (2) and on and from tha t date the evacuee property shall cease to vest in the Committee and the Commit tee shall be absolved from all further responsibility in respect thereof. 20. Power, rights and liabilities of the Committee—(1) Notwithstanding any other provision of this Act, the Committee shall have, in respec t of any evacuee prop erty of an evacuee vested in it, only such rights , interest, powers and liabil i- ; ties as the evacuee had over such property. (2) The Comm ittee shall take such measures as may be necessary for the good management and protection of any evacuee property of an evacuee vested in it, for the assertion of title thereto and for obta ining possession thereof and ; may for such purposes do all acts and incur all expenses which are necessary or incidental. (3) (i) The Committee shall main tain in the prescribed form, accounts of all ’ evacuee property vested in it, a separate account being main tained in respect ■; of each evacuee or where the property of a body of co-sharer evacuees is managed jointly, in respec t of each such body of co-sharer evacuees. (ii) The State Government shall cause accounts to be audi ted at such | intervals and by such person as may be prescribed. The cost of such aud it shall be paid by the Committee according to the prescribed scale. (iii) A copy of the audi ted accounts as aforesaid of the evacuee property shall be supplied to the evacuee or the body of co-sha rer evacuees by the | Committee on application and the audited accounts shall also be available in the ’ prescribed manner for inspection by the evacuee or any co-sharer evacuee or any agent of the evacuee or a co-sharer evacuee authori sed in writing. (4) The Committee shall pay to an evacuee in such manner and at such intervals as may be prescribed, the receipts derived from his property vested in the Committee, afte r deducting therefrom all sums debitable to such receipts. 21. Certain payments not to be valid discharge.—No payment made, after publication of a notice under sub-section (5) of section 18, on account of any p amount due to the evacuee in respect of his property vested in the Committee 1 save ' and except to the Committee or some person appo inted by the Commit tee, 1 shall cons titute a valid discharge of any liabil ity in respect thereof. 22. 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 prop erty vested in it, except with the written consent of the evacuee. (21 Subject to sub-section (1) of section 20, the Committee may grant a lease of any evacuee prop erty vested in it or pa rt thereof for a period not , exceeding three months in urban areas and twelve months in other cases, at any one time : Provided that in granting such lease the Committee shall on each occasion give the first preference to the person to whom any allotment of such property or a par t thereof was made, except where the Deputy Commissioner reports to the Comm ittee tha t such person comm itted a breach of the terms and condi­ tions of such allotment, or where such property consists of land used for or in ( connec tion with agricultura l purposes , neglected to cultivate such property 3 proper ly. (3) A lease as aforesaid shall be binding on the evacuee and his successors- in-interes t but only for the period for which the lease is granted. (4) Notw ithstanding anything contained in this Act or any othe r law, no lease granted by the Comm ittee unde r this section shall confer a herit able or transferable right to any person to whom it is granted. " (5) If the person to whom a lease is granted under sub-section (2) holds over after the expiry of the lease, he shall be liable to eviction by orde r of a competent Court of law. 23 after to thi the ( ( shall perty withii ( such restor (- such if nec the pi in thf order (i the m sub-se subjee the ei 0 prese t (t his tit 24 evacw not la Comn Com a G shall < nient title a G such i evacut G such l if neci the pr in the order cant, (i sub-se possib sub-se, (« the ev sub-se, subjec the ev 375 ; any icuee 23. Restoration of property io evacuee,—(1) An evacuee may at any time abili- after he returns to Assam but not later than the appointed day apply in writing to the Commit tee for the restora tion of any of his evacuee property of which r the the Committee has taken charge. ested (2) As soon as may be after such application is received, the Committee and shall cause a public notice to be given in the prescribed manner tha t such pro- ry or perty shall be restored to the applicant if no objections to his title are received within a date specified in such notice. if all (3) if no objections as aforesaid are received within the date specified in sp ed such notice, the Comm ittee shall make an order tha t the. evacuee prop erty be laged restored to the applicant. (4) if any objections as aforesaid are received within the date specified in such such notice, the Committee shall summarily decide such objections afte r calling, aud it if necessary, for a report from the Deputy Commiss ioner of the distric t in which the property or any par t thereof is situated . If tlie Committee, after proceeding perty in the manner aforesaid , rejects such objections , the Committee shall make an the orde r tha t the evacuee property be restored to the applicant, n the (5) Upon an order under sub-section (3) or sub-section (4) being made, :e or the evacuee prop erty shall cease to vest in the Committee and shall, subject to sub-section (3) of section 22, vest in the applicant and the Comm ittee shall, subject to sub-section (7), be absolved of all furth er responsibility in respect of such the evacuee property. 'ested (6) The Committee shall, as soon as may be, give public notice in the such prescribed manner of any order made under sub-section (3) or sub-section (4). (7) Noth ing in this section -.hall affect the right of any person to establish his title in a competent Court . after any 24. Restoration or management of property to a certain class of returning nittee evacuees,—(1) An evacuee who returns to Assam after the appo inted day but littee. not late r than the 31st day7 of Decem ber 1953, may apply in writing to the : Committee for resto ration of management of his evacuee property of which the Committee has take n charge. vided (2) As soon as may be after such application is received, the Committee acuee shall cause a public notice to be given in the prescribed manner that the manage­ ment of such prop erty shall be restored to the applicant if no objections to his mt a title are received within a date specified in such notice, not (3) If no objections as aforesaid are received within the date specified in t any such notice, the Committee shall make an order tha t the management, of the evacuee property be restored to the applicant. :asion (4) If any objections as aforesaid are received within the date specified in iperty such notice, the Comm ittee shall summarily decide such object ions afte r calling, rts to if necessary, for a report from the Deputy Commissioner of the district in which, ondi- the property or any par t thereof is situated . If the Commit tee, after proceed ing or in in the manner aforesaid , rejects such objections, the Committee shall mak e an iperty ord er that the management of the evacuee property be resto red to the app li­ cant . ssors- (5) An order for restoration of management of an evacuee property under sub-sect ion (3) or sub-sec tion (4) shall be made ’with as much expedition as v, no possible and in any case within six months from the date of the application under e or : sub-section (1). t (6) Upon an order under sub-section (3) or sub-section (4) being made, holds the evacuee property shall cease to vest in the Commit tee and shall, subjec t to of a sub-section (3) of section 22, vest in the applicant and the Comm ittee shall, subject to sub-section (7), be absolved of all furth er responsibility in respect of the evacuee proper ty. ........ . . ... -J »" *7̂ , i? 0; C , ̂ . ,. . ~:X'.<-~ 376 (7) The Committee shall, as soon as may be, give public notice in the prescr ibed manner of any order made under sub-section (3) or sub-section (4). (8) Noth ing in lliis section shall affect the right of any person to establish liis title in a competent Court. 25. Possession to be delivered by force if necessary.—(1) If any evacuee property , the charge of which is take n by the Committee or in respect of which an order under sub-section (3) or sub-section (4) of section 23 has been made, is in the wrongful use or occupation of any person, the Deputy Commissioner shall, on application made to him by the Committee, cause such person to be evicted from such evacuee property and may use or cause to be used such force as may be necessary for the purpose. (2) Any person in the wrongful use or occupation of such prop erty shall, in add ition to being proceeded against under sub-section (1), be liable to pay to the Comm ittee damages for such wrongful use or occupation. 26. Delegation of powers, duties and functions.—The Committee may delegate all or any of its powers, duties or funct ions unde r this Act or the rules made thereunder to an Administ rative Officer to be perfo rmed or exercised within his jurisd iction. 27. Control of Administrative Officers.—(1) All Administ rative Officers shall be under the superv ision and control of die Comm ittee and the Committee may, on its own motion or on application, review, rescind or vary any order of an Adm inist rative Officer. (2) The Deputy Commissioner or such other officer as may be autho rised by the State Government in this behalf shall have power to inspec t the work of any Administ rative Officer and the staff subo rdinate to him and examine any records, books of account or other documents main taine d by the Administrative Ass, Officer. 28. President, members and Officers to be public servants.—The President, the othe r members of the Commit tee, every Administrative Officer and every other person duly appo inted unde r this Act or the rules made thereunder shall be deemed to be publ ic servants within the mean ing of section 21 of the Indian Penal Code (Act XLV of 1860). 29. Bar of jurisdiction.—Save and except as expressly provided in this Act, no ord er of the State Government or of the Deputy Commissioner, or of the Committee or of an Administrative Officer, made or purported to be made thereunder, shall be questioned in any Court of law. 30. Protection and indemnity.—(1) No suit or other legal proceeding shall lie against the Siate Government or any servant of the Stale Government for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. (2) No suit, prosecution or other legal proceeding shall lie against the Committee or any person for anything which is in good fai th done or inten ded to be done in pursuance of this Act or the rules made thereunder. (3) No suit, prosecution or other legal proceeding shall lie again st the State Government or any servan t of the State Government for anything which before the commencement of this Act, was in good faith done or intended to be done for the protection , preservation or managem ent of any property of an evacuee. 31. Recovery of dues.—Any sum payable to the Deputy Commissioner or to the Committee unde r this Act or the rules made thereunder may be recovered as if the same were an arre ar of land revenue. 32. Act to override other law.—The provisions of this Act shall have effect notwithstanding anything to the contrary in any other law. exe! to 1 Act acti b t! ( 377 ;bc ish tee ch Je, ter be ce ilk to ay lie ed til y. in ;d of iy ze it, ry di tri 33. Power to make rules,—(1) The State Government may make rules for carrying out the purposes of this Act. (2) In part icular and without prejudice to the generali ty of the foregoing provisions, such rules may provide tor all or any of the following matte rs, namely (a) the form of an order by the Deputy Commissioner unde r sub-section f 1) of section 4 ; (b) the manner in which the accounts referred to in sub-section (1) of section 10 shall be maintained. ; (c) the officer to whom the writing referred to in sub-section (1) of section 13 shall be delivered ; (d) the rate of the levy referred to in sub-section (1) of section 17 ; (e) the manner in which a public notice shall be given under sub-section (2) or sub-section (5) of section 18, sub-section (2) of section 19, sub­ section (2) or sub-section (6) of section 23 or sub-section (2) or sub­ section (7) of section 24 ; (f) the form in which accounts referred to in clause (i) of sub-section (3) of section 20 shall be maintained , the intervals at which and the persons by whom such accounts shall be audited under clause (ii) of tha t sub-section and the scale referred to in tha t clause ; (g) the manner in which audited accounts shall be available for inspec­ tion under clause (iii) of sub-section (3) of section 20 ; (h) the manner in which and the intervals at which the paym ent under sub-section (4) of section 20 shall be made r (i) any other matte r requi red to be prescribed under this Act. 34. Repeal and Saving.—(1) The Assam Evacuee Property Ordinance, 1951 Assam Ordin ance No.I of 1951, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in exercise of any powers conferred by or unde r the said Ordinanc e shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action taken. A r c A » # a m - ' 'v t ' t t t -i