(1) 'If the State Government is of the opinion that any fishery with or without the adjoining lands in any area is needed or is likely to be needed for a public purpose, the State Government may, by order in writing, requisition such fishers- awl all lands within the area and may make such further order or orders as appear to it to be necessary or expedient in connection with the requisitioning.
(2) A Collector, when authorised by the State Government in this behalf, may exercise within his jurisdiction the powers conferred by sub-section (1).
(3) - An order under sub-section (1) shall be served in the prescribed manner on all owners and occupiers of the fishery and the lands.
(4) If any person fails to comply with an order made under sub-section (1), the Collector or any person authorised by him in writing in this behalf, shall execute the order in such manner as he considers expedient and may,—
(a) if he is a Magistrate, enforce the delivery of possession of the fishery and the lands in respect of which the order has been made, to himself, or
(b) if he is not a Magistrate, apply to a Magistrate, and such Magistrate shall enforce the delivery of possession of such fishery and lands to him.
5. (I) The State Government may, at any time when any requisitioned fishery with or without any lands continues to be subject to requisition under section 4, acquire such fishery and lands by publishing in, the Official Gazette a notice to the effect that such Government has decided to acquire such fishery and lands in pursuance of this section :
Provided that before issuing such notice, the State Government shall call upon the owner and any other person who may be interested in such fishery and lands, to show The West Bengal Fisheries (Requisition, and Acquisition) 3 Act, 1965.
xx of 1965.1 (Sections 6, 7.)
cause within forty-five days why the. fishery and the lands .should not be so acquired, and after considering the cause, if any, shown and after giving the parties an opportunity 'of being heard, the State Government may pass such order as it deems fit.
• (2) -When a notice as' aforesaid is published in the Official Gazette, the requisitioned fishery and the lands, if any, shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the State Government free from all encumbrances and the, period of requisition of such fishery and lands shall end.
(3) A Collector when authorised by the State Government in this behalf, may exercise within his jurisdiction the powers conferred by sub-section (1) .