(1) Every license in respect of a Government premises shall, subject to the provisions of sub-section (2), stand automatically terminated upon—
(i) the death of the licensee, or
(ii) the expiry of the period of validity of the license, or
(iii) the cessation of the licensee's employment under the State Government by reason of his retirement, resignation, discharge or dismissal or by any other reason, or
(iv) the licensee ceasing to hold any specified post under the State Government by reason of his transfer from any such post or by any other reason:
Provided that for the purposes of this section a person shall not be deemed to have ceased to hold any post by proceeding on leave, or on being suspended, from that post, if he does not accept any other employment during the period of his leave or suspension.
(2) A license in respect of a Government premises may be terminated, by order, by the Competent Authority in accordance with the terms and conditions of the license:
Provided that no such order shall be made without giving the licensee an opportunity of being heard.
(3) An appeal shall lie to the Appellate Authority against an order made under sub-section (2), or an order of the Competent Authority refusing to renew a license, within fifteen days from the date of communication of the order to the licensee.
Authority for occupation of a Government premises to be deemed to be license.
Terms and conditions of license.
Termination of license.
153 Payment of any amount after termination of license not to revalidate the license.
The West Bengal Government Premises (Regulation of Occupancy) Act, 1984.
[West Ben. Act (Chapter II.—Government Premises.—Section 12.— Chapter 111.—Gene r al Provisions.—Sections 13, 14.)
(4) The decision of the Appellate Authority on such order shall, subject to the provision of section 23, be final.
12. Where payment of any amount as consideration for the occupation of any Government premises is tendered by the licensee or any other person after the termination of his license, the acceptance of that amount by, or on behalf of, the State Government or any other authority shall not be construed as revalidating or renewing or extending the license or conferring any right upon the licensee or any other person to remain in occupation of the said Government premises, but the amount may be adjusted against the compensation payable under section 15.
CHAPTER III General Provisions.
Consequence of violation of the provisions of the Act.
13. Where any person occupies, or remains in occupation of, any Government premises in violation of any of the provisions of this Act, the Competent Authority may take such steps and use such force as may be necessary to take possession of the premises:
Provided that, except in respect of a room or a seat in a room allotted separately, no such steps shall be taken—
(a) before the expiry of a period of thirty days—
(i) from the appointed day in a case where there has been a violation of the provisions of section 8, or
(ii) from the date of termination of a license under subsection (1) of section 11 or from the date of communication to the licensee of an order under subsection (2) of section 11 terminating a license in any other case (not being a case where no license has been granted), or
(b) during the pendency of any appeal under sub-section (3) of section 11 and for a period of thirty days following the disposal of such appeal:
Provided further that upon an application from any person in occupation of any Government premises on grounds of extreme hardship, the Competent Authority may extend the said period of thirty days by such further period, not exceeding ninety days, as the Competent Authority may deem fit.
Penalty. 14. (1) Whoever occupies, or remains in occupation of, or allows any person to occupy, any Government premises in violation of any of the 154 The West Bengal Government Premises (Regulation of Occupancy) Act, 1984.
XXI of 1984.]
(Chapter 111—General Provisions.—Sections 15-18.)
provisions of this Act shall, without prejudice to any other action that may be taken against him under this Act, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.
(2) Any offence punishable under sub-section (1) shall be a cognizable offence.