COVERNMENT OF WEST BENGAL.
LAW DEPARTMENT
Legislative
West Bengal Act XIII of 1962
THE WEST BENGAL PUBLIC LAND (EVICTION OF
UNAUTHORISED OCCUPANTS) ACT, 1962.
L1'assed fig -the IVCst Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, - Eztralynitnary, of the 14th December, 1962.1
[111A December, 1962.]
An Act to provide for the speedy eviction of unauthorised occupants front public lands.
WHEREAS it is expedient to provide for the speedy eviction of unauthorised occupants from public lands; It is hereby enacted in the Thirteenth Year of the Republic of India, by the Legislature of West Bengal, as follows : —
1, (1) This Act may be called the West Bengal Public short title Land (Eviction of Unauthorised Occupants) Act, 1962. and extent.
(2) It extends to the whole of West Bengal.
2. In this Act, unless there is anything repugnant in Definitions. the subject or context,—
(1) "Collector" means—
(a) in Calcutta, the • timid Acquisition Collector, Calcutta, and
(h) elsewhere, the Chief Officer in charge of the revenue administration of the district, and includes any Officer, not below the rank of a Magistrate of the first class, specially appointed by the State Government to perform all or any of the functions of a Collector under this Act;
• , Explanation.—In. this clause "Calcutta?" has the same Vest Ben. meaning as in the 'Calcutta, Municipal Act, kot 1951.
if 1951.
(2) 'land" includes buildings and other things attached to the earth or permanently fastened to things attached to the earth:
Price—Indian, 12 nP.; English, 3d,
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The West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962.
[West Ben. Act
(Section 3.) .(3) "notification" means a notification published in the Official Gazette;
(4) "owner" in relation to public land. means the State Government or a local authority, as the ease 7i-nay be;
(6) "person concerned", in relation to any public land, means any person who is in, the use or occupa- tion of the public land;
•
(6) "prescribed" means prescribed by rules made under this Act;
(7) "public land" means any land belonging to, or taken on lease by, the State.-Government or any local authority and includes any land requisi- tioned by, or on behalf of, the State. Govern- ment, but does not include a Government road or a highway within the meaning of th-e Bengal Ben. Act Highways Act, 1925, or any other law for the III of 1925, time being in force on the subject or any part of such Government road or highway ;
(8) "unauthorised occupation", in • relation to, any -publid land, means the use or occupation by any 'perkin of the public land without authority
". in writing by or on behalf of the owner thereof. Issue of 3.
notice to (1) If, in reOect'of any public land, the Collector show cause is of opinion, upon application_ made by an officer of the against owner of the public land authorised in this behalf by such order for owner or upon information received otherwise, that the eviction of
unautho- public land is in the unauthorised occupation of any person rised occu- or persons, the Collector shall issue a notice calling pant from upon all_ persons concerned to: show cause before such date, public not being- less than fifteen days after the date of the land. notice, as .may be speoi%d in the notice why an order under clause (a) of subsection- (1) of section . 4-should not be made, and shall cause it -to be served in the manner referred to in sub-section (2). Intimation of the date so specified shall be given to the owner of the public land and to its officer authorised under this sub-section.
. (2) A notice issued under sub-section (1) shall be served by affixing it on a conspicuous part of the public land concerned and in such other manner as may be prescribed:
(3) A notice served in, the manner referred to in sub- section (2) shall be deemed to have been . duly served.
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-The West Bengal Public Land (Eviction of 3 Unauthorised Occupants) Act, 1962. XIII of 1962.1
(Sections 4, 5.)
4. (1) If, after considering the cause, if any, shown by Order for any person in pursuance of a notice issued under section eviction of and any evidence adduced in support thereof, and any unauthoris. ed 000u. evidence which may be adduced by the owner and after pants from making such further inquiry, if any, as he deems public necessary,— land.
(a) the Collector is satisfied 'that no bona fide dispute regarding title to the public land exists and that the piallic land is in the unauthorised occupation of any person, he shall make an order directing such person— •
(1) to vacate the public land. and deliver possession thereof to the owner, and
(ii) to pay . for the entire period during which he has been and continues to be in unauthorised occupation of the public land, damages at such rate, not exceeding double the rate of rent prevailing for similar lands with similar advantages in the vicinity, as may be pres- cribed, within such time as May be specified in the order; or
(b) the Collector is satisfied that the person concerned is not in unauthorised occupation of the public land or is of opinion that a -bona fide dispute regarding title to the public land exists, he . shall make an order cancelling the proceedings and referring the parties to the civil court :
Provided that no order under • this sub- oection shall be Made to the prejudice of any person who has had no opportunity of being heard.
(2) Where an order has been made under =clause (a) of sub-section (1), the Collector shall cause a copy of the order to be served in the manner referred to in sub-section
(2) of section 3.
5. (1) If, in respect of any public land or part thereof, Collector's any person concerned refuses or fails to comply with an power to order made under sub-clause (i) of clause (a) of sub-section enforce
(1) of section 4 within the time specified in the order or delivery of possession within such further time as the Collector may allow, then by evicting the Collector shall,— unautho-
rised
(a) if a Magistrate, enforce delivery of possession of occupant. such public land or part to the owner after
evicting the person concerned, or
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4 The West Bengal Public. Land (Eviction of Unauthorised Occupants) Act, 1962. [West Hen. Act
(Sections 6 9.)
( b) if not a Magistrate, apply to a Magistrate, or, in Calcutta. as defined in section 3 of the Calcutta Police Act, 1866, to the Commissioner of Police, Ben. Act Calcutta, and such Magistrate or Commissioner Iv of 1866. of Police, as the case may be, shall enforce delivey of possession of such public land or part to the owner after evicting the person- concerned.
(2) The costs of enforcing. such delivery of -possession after evicting the person concerned shall be payable by the person concerned within such time as the Collector map, by order, direct.
Damages
and costs 6. Any sum payable by any person as damages recoverable costs under an order of the Collector under this Act shall as public 1)c • rftcoverable s public demand.
demand.
Appeal. `7. An ap'peal from an order made under this Act shall lie to—
(a) the Commissioner 1 of the Division, *Imre the order is made, by the Collector, and
(1)) the. Collector,--where the order , is made by any officer Specially appointed under sub-clause (b) of clause (1) of section 2,
if preferred within thirty 'days from the date of the order appealed against and the decision of the Commissioner or the Collector, as the case =may be, on such appeal shall be final,
'Explanation.—In this section • "Collector" does not include an --officer specially appointed under sub-clause. (b) f clause (1) of section 2.
Indemnity. 8. No stilt, prosecution or other legal proceeding shall lie against Any person4Of anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
Power to - 9. (1)
make rules. The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In -particular and without prejudice to the 'generality of the foregoing power the State Government may make rules with respect to all or any of the following metiers, -- namely : —
(a) the forms and the manner of service of notices under this Act;
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The West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. Mil of 1262:1
(Sections 10, 11.)
(b) the procedure to be followed and the fees, if any, payable in appeals under section 7;
. (c) any other matter which may be or is required to be prescribed.
10. The provisions of this Act shall have effect Applica- notwithstanding anything to the contrary contained in any tion. Aot XLV law for the time being in force other than the Indian of 1860.
Act V of Penal Code or the .Code of Criminal Procedure, 1898, but 1898. shall not apply in respect of the use or occupation of any public land by a displaced person as defined in clause (/) West Ben.
Aot XVI of section 2 of the Rehabilitation of Displaced Persons and of 1951. Eviction of Persons in Unauthorised Occupation of Land Act, 1951, in respect . Of which. an -application for eviction has been entertained under sub-section (1) of section 3 of
'that Act.
West Ben. 11.
Ord. VI of (1) The West Bengal Public Land (Eviction .of Repeal and
1962. Unauthorised Occupants) OrdinanCe, 1962, 'is hereby savings.
repealed.
(2) - : Anything done or any action taken under the said Ordinance shall be deemed to' have been validly done or taken under this Act as if this ACi had commenced on the 8th -clay bf September, 1962.
VilBGP -63/4-9078A-5M
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