West Bengal Act VIII of 1951 THE WEST BENGAL REQUISITIONED LAND (CONTi-
NUANCE OF POWERS) ACT, 1951.
[Passed by the West Bengal Legislature.] [Assent of tho 1resident was first published in the Calcutta Gazette, Brtraordinary, of the 291.h March, 1951.J
An Act to promde for he continuance of cerlain emergency powcrs 2n relation to requisitioned land.
WHEREAS it is expedient to provide, in relation to land KXXV of which, when the Defence of India Act,, 1939, expired, was 1939. subject to any requisition elfected under rules made under that Act, for the continuanco of certain powers theretofore exercisable under the said Act or the said rules and there- XIX after exercisable under the Requisitioned Land (Continuance
1946.
VII of
947.
of Powers) Ordinance, 1946, or the (Continuance of Powers) Act, 1947; Requisitioned Land
It is hereby enacted as follows :
1. (7) This Act may be called the West Bengal Requisi- Short title, tioned Land (Continuance of Powers) Act, 1951.
(2) It extends to the whole of West Bengal. (3)It shall come into force onthe first 1951. and shall cease to
period of three years from that date except as respects thinggs done or omitted to be done before
Tiod apd section 8 of the Bengal General Clauses Act, 1899, shall apply upon the expiry of this Act as if it had then been repealed by a West Bengal Act.
extent,
commence-
ment and
day of April,
duration.
ve effect on the expiration of a
the exp1ration of such
2. In this Act, umless there is anything repugnant in Definitions the subject or context,-
(7) the Act'" means the Requisitioned Land (Continu- ance of Powers) Act, 1947;
(2) the Ordinance" means the Requisitioned Land (Continuance of Powers) Ordinance, 1946;
(3) "requisitioned
land' means immovable property which, at the commencement of this Act, is subject to any requisition effected under the rules made under the Defence of India Act, 1939, and con- tinued under the Ordinance and the Act and is under requisition for any purpose other than the purposes of the Union.
3. Notwithstanding the expiration of the Defence of Continu India Act, 1939, and the rules made thereunder and the anoce of repeal of the Ordinance and the expiration of the period of reguls operation of the Act in respect of requisitioned lands, all requisitioned lands shall continue to be subject to requisition until the expiry of this Act and the State Government may UsG or deal with any requislioned Jand in such manner as Tmay appear to it to be expedient:
Provided that the State Government may at anys time release from requisition
any requisitioned
land. tions. Price-Indian, annas 2; English, 3d.
1
Land (Continuance of 2 The West Bengal Reguisitioned andContinuane Powers) Act, 1I51.
West Ben. Act
(Scctions 4, 5.)
Xelease 4. (7) Where any requisitioned land is to be rol. from requi from requisition, the State Government may, after moa king necessary, specify by such inquiry, if any, as it cousiders order in writing the person to whom possesS10n of the 1 shall be given.
8ition.
land
(2) The delivery of possession of the requisitioned land to the person specified in an order made under sub-section
(1) shall be a full discharge of the State Govern ment from all liability in respect of such delivery, but shall not preiu. dice any rights in respect of the land which any other person may be entitled by due process of lav to enforce against the person to whom possession of the land is so delivered.
(3) Where the person to whom possession of any requi- sitioned land is to be given cannot be found and has no agent oT other person empoweredto accept delivery on his behalf the State Goverument shall cause a notice declaring that the land is eeleased from requisition to be affixed on some conspicuous part of the land and publish the notice in the Oficial Gazette.
(4)When a notice referred to in sub-section (3) is pub- lished in the Offcial Gazette, the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed
delivered to the person entitled to possession thereof; and the State Government shall not be liable for any cômpensa- tion or other claim in respect of the land for any period after the said date.
to have been
5. (7) Subject to the provisions of sub-section (3), the State Gorernment may, at any time when any requisitioned land continues to be subject to requisition _under section 3, acquire such
notice to the effect that
Power to
&cquire
requi.
sitioned
land
land by publishing in the Gazette a
such Government has decided to
acquure such landin pursuance of this section.
(2) When a notice as aforesaid is published in the 0ficial Gazette, the requisitioned.land
beginning of the day on which the notice is so published Test absolutely in the State Government free from all encumbrances and the period
shall end.
shall, on and from the
of requisition of such land
(3) No requisitioned land shall be acquired under this section except in the following cireumstances, namely:
(a)where any wrorks have during the period of requisi- in or over the lnd tion been constructed on, whollyor partly at the expense of Government and the State Government decides that the value of,or the right to use, such works should be preserved or secured for the purposes of the State Government; or
2
The West Bengal Requisitioned Powers) Act, 1951.
Land (Continuance of 3 VIll of 1951.]
(Sections 6, 7.)
(b) where the cost of restoring the land to its condition at the ime of its requisition would, in the deter- mination of the State Government, be ex cessive having regard to the value of the land at that time.
4) Any decision or determination of the State Govern- 1ment under sub-section (3) shall be final, and shall not be called in question in any Court.
(5) For the works" includes buildings, structures and improvements of every description.
urposes of clause (a) of sub-section (3)
6. (1) In respect of the continued subjection of requisi- Payment tioned land to requisition under this Act or the Act or the of conpen Ordinance, compensation shall be determined and paidin sabion. accordance with the provisions of section 19 of the Defence of India Act, 1939, and of the rules made thereunder:
XXXV of
1939.
Provided that all agreements and awards under the said section in respect of the 1payment of compensation for the period of requisition before the first day of April, 1951 shall continue to be in force and shall apply to the payment of com- peusation for the period oi requisition after that date. () In respect of the acquisition under ihis Act or the Act or the 0rdinance of any requisitioned land, the amount of compensation paya ble shall be such sum as would be sufficient to purchase at the market rate prevailing on the date of the notiee under section 5 a piece of land equal in area to, and situated within a distance of three miles from, the acquired land, and suitab.le for the same use as that to which the acquired land was being put îmmediately before the date of ts requisition, or a sum equivalent to twice the market value of the cquired land on the date of its requisition, whichever is less; and such amount shall be determined and paid in accordance with the procedure set out in the aforesaid section 19 and the rules made thereunder.
(3) For the purposes of sub-section (7) all the provisions of the aforesaid section 19 and of the rules made thereunder, and for the purposes of sub-section () such of those provisions as relate to matters of procedure, shall be deemed to be con- tinuing in force.
7. (1) The State Government may, with a view to carry-Power to ing out the purposes ot sections 3 to 6, by order require any obtain in. person to furnish to such authority as may be specified in the formation. order such information in his possession relating to any requi- sitioned land as may be speeified.
2) Every person required to furnish such informaion as is referred to in sub-section (7) shall be deemed to be legally bound to do so within the meaning of sections 176 antl 177, of the Indian Penal Code.
XLV
1860.
3
The West Bengai Requisalioned Land (Comtinuance of Pouers) Acl, 951.
(West Ben. Act ViiI of 1951. (Sections 8-10.)
Delegntion
of fune.
tions.
8.The State
Govervment may, by order notified in tha
fhcrnl Gazctte, direct
that any power conferred or any dty
imposed on it by this
Act shall, in such
circumstances and
nder such
condhtions, if any, as may be speriied in the direc- 1i0n, be exercisedor
discharged by such
ofliceras may be so
specified
9. (7) No suit, prosecution or otber legal proceeding shall lie against anv person for anything which is in good under the faiih doneor intended to be done in pursuance of this Act or Protection
of Bction
aken
Act. anr order
made thereunder.
2) No suit or other legal proceeding shall lie against the State Gorernment for any damage causedor likely
caused by anything in good faith done or intended to be done in pursuance of this
Actor any order made
thereunderT.
to be
Savings 10. Onand from the firstday of April, 1951, anything
done or deemed to have been done in exercise of amy power conierred br oT under the Act shall be deemed to have been done1n exercise of powrers conferred by or under this Act, as
1 this Act had been in force when such thingwas done.
WECP-61,2.9 A-4,600
4