GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Ben.
Act LV of
1980.
West Bengal Act XI of 1996 THE MURSHIDABAD ESTATE (MANAGEMENT OF PROPERTIES) AND MISCELLANEOUS PROVISIONS (AMENDMENT) ACT, 1996.
[Passed by the West Bengal Legislature.]
[Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 10th July, 1996.]
[10th July, 1996.]
An Act to amend the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980.
WHEREAS it is expedient to amend the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Forty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions (Amendment) Act, 1996.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In section 2 of the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980 (hereinafter referred to as the principal Act),—
(a) after clause (e), the following clause shall be inserted:— `(ee) "premises" means any land or building or part of a • building, and includes—
(a) the garden, ground and out-house, if any, appertaining to such building or part of a building, and
(b) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;';
(b) after clause (h), the following clause shall be inserted:— `(i) "unauthorised occupation", in relation to any premises or other immovable properties, means the occupation by any person of the premises or other immovable properties without authority for such occupation, and Short title and commencement.
Amendment of section 2 of West Ben.
Act LV of
1980.
131 The Murshidabad Estate (Management of Properties) and Miscellaneous Provisions (Amendment) Act, 1996.
[West Ben. Act (Sections 3-5.)
includes the continuance in occupation by any person of the premises or other immovable properties after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises or other immovable properties has expired or has been determined for any reason whatsoever.'.
Amendment of section 4.
Amendment of section 8.
Substitution of new section for section 9.
3. In section 4 of the principal Act, for sub-section (6), the following sub-section shall be substituted:— "(6) Save as otherwise provided in this Act, any suit or other legal proceeding, except a suit or other legal proceeding against an order of eviction from any premises or other immovable properties under section 9, for the enforcement of any right or remedy in respect of any of the Estate properties may be instituted in any court by or against the State Government, as the case may be, and not otherwise.".
4. In section 8 of the principal Act,—
(a) in sub-section (1), for the words and brackets "any premises included in the Estate properties (hereinafter referred to as the premises)", the words and brackets "any premises or other immovable properties included in the Estate properties (hereinafter referred to as the premises or other immovable properties)" shall be substituted;
(b) in sub-section (2), in clause (b), for the words "the premises,", the words "the premises or other immovable properties," shall be substituted;
(c) in sub-section (3), for the words "the premises,", the words "the premises or other immovable properties," shall be substituted;
(d) in sub-section (4), for the words "in occupation of the premises,", the words "in unauthorised occupation of the premises or other immovable properties," shall be substituted.
5. For section 9 of the principal Act, the following section shall be substituted:— "Eviction of 9. (1) If, after considering the cause, if any, shown by unauthorised any person in pursuance of a notice under section 8 and occupants.
any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Estate Manager is satisfied that the premises or other immovable properties are in unauthorised occupation, the Estate Manager may, on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded 132 The Murshidabad Estate (Management of Properties) and Miscellaneous Provisions (Amendment) Act, 1996.
XI of 1996.]
(Section 6.)
therein, directing that the premises or other immovable properties shall be vacated, and the possession thereof shall be delivered to the Estate Manager or any other officer duly authorised by the Estate Manager in this behalf, by all persons who may be in occupation thereof or any part thereof, within such period as may be specified in the order, and furnish a copy of the order, if applied for, to all such persons, free of cost, and also cause a copy of the order to be affixed on the outer door or some other conspicuous part of the premises or other immovable properties.
(2) If any person refuses or fails to comply with the order of eviction made under sub-section (1) within the period specified in the order or within fifteen days of its publication under sub-section (1), whichever is later, the Estate Manager or any other officer duly authorised by the Estate Manager in this behalf may evict that person from, and take possession of, the premises or other immovable properties and may, for that purpose, use such force as may be necessary.
(3) The cost of taking possession of the premises or other immovable properties under sub-section (2) shall be payable by the person from whom possession of the premises or other immovable properties has been taken within such period as the Estate Manager may by order direct.".
6. After section 9 of the principal Act, the following sections shall be inserted:— "Disposal of 9A. (1) Where any persons have been evicted from any property. premises or other immovable properties under section 9, the Estate Manager may, after giving fourteen days' notice to the persons from whom possession of the premises or other immovable properties has been taken, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
(2) Where any property is sold under sub-section (1), the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the Estate Manager on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the Estate Manager to be entitled to the same.
Appeal. 9B. (1) An appeal shall lie from every order of the Estate Manager made under section 9 to an appellate officer who shall be the district judge of the district in which the premises or other immovable properties are -situate or such other judicial officer in that district of not less than ten years' standing as the district judge may designate in this behalf. .
(2) An appeal under sub-section (1) shall be preferred within fifteen days from the date of publication of the order under that sub-section:
Insertion of new sections 9A and 9B.
133 The Murshidabad Estate (Management of Properties) and Miscellaneous Provisions (Amendment) Act, 1996.
[West Ben. Act XI of 1996.]
Insertion of new section
14A.
(Section 7.)
Provided that the appellate officer may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(3) Where an appeal is preferred from an order of the Estate Manager, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit.
(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discretion of the appellate officer.
(6) For the purposes of this section, the City of Calcutta as defined in clause (3) of section 2 of the City Civil Court Act, 1953, shall be deemed to be a district and the Chief Judge or the principal judge of the City Civil Court therein shall be deemed to be the district judge of the district.".
7. After section 14 of the principal Act, the following section shall be inserted:— "Bar of 14A. No Civil Court shall have jurisdiction to deal with jurisdiction of Civil Courts. or to decide any question which is required to be dealt with or to be decided under the provisions of this Act.".
West Ben.
Act XXI of
1953.
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