GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XLIX of 1976 THE WEST BENGAL PUBLIC LAND (EVICTION OF UNAUTHORISED OCCUPANTS) (AMENDMENT) ACT, 1976.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 11th November, 1976.]
West Ben.
Act X111 of 1962.
[11th November, 1976.]
An Act to amend the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962.
WHEREAS it is expedient to amend the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Twenty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. This Act may be called the West Bengal Public Land (Eviction Short title.
of Unauthorised Occupants) (Amendment) Act, 1976.
2. In the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 (hereinafter referred to as the said Act), in sub-clause (b) of clause (1) of section 2, for the words "Officer, not below the rank of a Magistrate of the first class,", the words "Executive Magistrate" shall be substituted.
Amendment of section 2 of West Ben.
Act XIII of
1962.
3. In sub-section (1) of section 3 of the said Act, the words, Amendment brackets and letter "clause (a) of" shall be omitted. of section 3.
4. For section 4 of the said Act, the following section shall be Substitution substituted, namely:— of new section for section 4. "Order of eviction of 4. (1) If after considering the cause, if any, shown, persons in by any person in pursuance of a notice issued under unauthorised section 3 and any evidence he may produce in support occupation of the same and after giving him a reasonable from public land. opportunity of being heard, the Collector is satisfied that the public land is in unauthorised occupation, he shall make an order of eviction directing all persons in such unauthorised occupation to vacate the public land and deliver possession thereof to the owner within such time as may be specified in the order.
237 The West Bengal Public Land (Eviction of Unauthorised Occupants) (Amendment) Act, 1976.
[West Ben. Act (Sections S, 6.)
Substitution of new section for section 4A.
Substitution of new section for section 5.
(2) The Collector shall cause a copy of the order made under sub-section (1) to be served in the manner referred to in sub.-section (2) of section
5. For section 4A of the said Act, the following section shall be substituted, namely:— "Power to 4A. When an order of eviction has been made under recover sub-section (1) of section 4 in respect of any public land, the damages.
Collector may, upon application made by an officer of the owner of the public land authorised in this behalf by the owner, make an order directing any person who is, or has at any time been, in unauthorised occupation of the public land to pay for the period during which he has or had been in such occupation, damages at such rate not exceeding per annum—
(i) in the case of agricultural land, twenty-five per centum of the money value of the gross annual produce of such land, and
(ii) in any other case, ten per centum of the market value of the land, within such time as may be specified in the order:
Provided that no such order shall be made against any person without giving him an opportunity of showing cause against the order proposed to be mde.".
6. For section 5 of the said Act, the following section shall be substituted, namely:-
5. (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-section (1) of section 4 within the time specified in the order, the Collector shall enforce delivery of possession of such public land or part thereof to the owner after evicting the person concerned and for this purpose the Collector, or any officer authorised by him, may take such steps or use such force as may be necessary.
(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 may, by order, direct.".
"Collector's power to enforce delivery of possession by evicting unauthorised occupants.
238 The West Bengal Public Land (Eviction of Unauthorised Occupants) (Amendment) Act, 1976.
XLIX of 1976.]
(Sections 7, 8.)
7. After section 6 of the said Act, the following section shall be Insertion inserted, namely:— of new section 6A.
"Disposal of 6A. (1) Where any person has been evicted from property left on any public land under section 4, the Collector may, public land after giving fourteen days' notice to the person from by unauthorised occupants. whom possession of the land has been taken, remove or cause to be removed or dispose of by public auction any property remaining on such land.
(2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Collector or to the owner of the public land on account of arrears of rent or damages or costs, be paid to such person as may appear to the Collector to be entitled to the same.".
8. For section 7 of the said Act, the following section shall be Substitution substituted, namely:— of new section for section 7.
(a) the Commissioner of the Division, where the order is made by the Collector, and
(b) the Collector, where the order is made by an officer specially appointed under sub-clause (b) of clause (1) of section 2, if preferred within fiften 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, subject to the provisions of sub-section (2), be final:
Provided that the appellate authority on being satisfied that the appellant was prevented by sufficient cause from filing the appeal in time may entertain the appeal even after the expiry of the said period of fifteen days.
(2) The State Government may, of its own motion or on an application made to it by any person aggrieved against the order of the appellate authority within thirty days from the date of such order, on grounds of gross error of facts or of law or of both facts and law, call for and examine the record of the appeal and may make such orders thereon as it thinks fit.
Explanation.—In this section `Collector' does not include an officer specially appointed under sub-clause (b) of clause (1) of section 2.".
239 "Appeal 7. (1) An appeal from an order made under this Act and review. shall lie to— The West Bengal Public Land (Eviction of Unauthorised Occupants) (Amendment) Act, 1976.
[West Ben. Act XLIX of 1976.]
Amendment of section 7A.
Insertion of new section 8A.
Repeal and savings.
(Sections 9-11.)
9. For sub-section (1) of section 7A of the said Act, the following sub-section shall be substituted, namely:— "(1) Whoever wilfully obstructs the Collector, or any person authorised by him, in discharging his duties under the provisions of this Act, shall, on conviction before a Judicial Magistrate, be punishable with imprisonment for a term which may extend to one year or wih fine which may extend to two thousand rupees or with both.".
10. After section 8 of the said Act, the following section shall be inserted, namely:— "Bar to 8A. No civil court shall have jurisdiction to decide jurisdiction or deal with any question which is by or under this Act of civil 'courts. required to be decided or dealt with under the provisions of this Act.".
11. (1) The West Bengal Public Land (Eviction of Unauthorised Occupants) (Amendment) Ordinance, 1976, is hereby repealed.
(2) Anything done or any action taken under the said Act as amended by the West Bengal Public Land (Eviction of Unauthorised Occupants) (Amendment) Ordinance, 1976, shall be deemed to have been validly done or taken under the said Act as amended by this Act as if this Act had commenced on the 30th day of July, 1976.
West Ben.
Ord. XVII of 1976.
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