(1) If, in respect of any public land or part thereof, any person concerned refuses or fails to comply with an order made under sub-clause (i) of clause (a) of sub-section
(1) of section 4 within the time specified in the order or within such further time as the Collector may allow, then the Collector shall,—
(a) if a Magistrate, enforce delivery of possession of such public land or part to the owner after evicting the person concerned, or Collector's power to enforce delivery of possession by evicting unauthorised occupant.
make rules.
Power to - 9. (1) 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;
4 The West Bengal Public. Land (Eviction of Unauthorised Occupants) Act, 1962.
[West Hen. Act ( b) (Sections 6 9.)
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, Calcutta, and such Magistrate or Commissioner 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.
6. Any sum payable by any person as damages costs under an order of the Collector under this Act shall 1)c • rftcoverable s public demand.
`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.
Damages and costs recoverable as public demand.
Appeal.
Ben. Act Iv of 1866.
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.
The West Bengal Public Land (Eviction Unauthorised Occupants) Act, 1962.
Mil of 1262:1 of Aot XLV of 1860.
Act V of
1898.
West Ben.
Aot XVI of 1951.
West Ben.
Ord. VI of
1962.
(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 notwithstanding anything to the contrary contained in any law for the time being in force other than the Indian Penal Code or the .Code of Criminal Procedure, 1898, but shall not apply in respect of the use or occupation of any public land by a displaced person as defined in clause (/) of section 2 of the Rehabilitation of Displaced Persons and 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.