WBEP Act 5

Section 5 · Cancellation of Collector's Order and delivery of possession

Text size — level 1 of 4

(1)

An evacuee who returns to West Bengal before the expiry of the appointed day may apply in writing to the Collector before the expiry of that day -

(a)

where a Collector's Order has been made in respect of any of his evacuee property and such property is not in the wrongful use or occupation of any person-for the cancellation of such order;

(b)

where a Collector's Order has been made in respect of any of his evacuee property and such property is in the wrongful use or occupation of any person-for the cancellation of such order and for the delivery of possession of such property; and

(c)

where a Collector's Order has not been made in respect of any of his evacuee property and such property is in the wrongful use or occupation of any person-for the delivery of possession of such property.

(2)

Upon an application aforesaid being made the [Collector shall] [Words substituted for the words 'Collector may' by W.B. Act 20 of 1951.], after making such summary inquiry as he thinks fit, -

(a)

in cases coming under sub-clause (a) or (b) of sub-section (1) cancel the Collector's Order ; and

(b)

in cases coming under clause (b) or (c) of sub-section (1), also cause the possession of such property to be delivered to the evacuee and may use or cause to be used force for such purposes, if necessary :
[Provided that where] [Words substituted for the brackets, figure and word '(3) Where' by W.B. Act 20 of 1951.] the Collector is of opinion that the cancellation of the Collector'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 for advice to the Minority Commission constituted for the time being by the State Government] [Words substituted for the words and figures 'refer the case to the Minority Commission constituted under Notification No. 2276 CR/CR-481/50, dated the 6th May, 1950, for advice' by W.B. Act 18 of 1952.]. The State Government shall after considering such advice pass such order as it thinks fit, so however, that if the State Government is of opinion that exceptional circumstances exist on account of which it would not be feasible to cancel the Collector's Order or to cause the possession of the evacuee property to be delivered, it shall take such steps for adequately rehabilitating the evacuee as it deems necessary.

Your private note on this section

Only you can see this note.