(1) This Act may be called the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 1951.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette., appoint and shall remain in force for a period of three years from such date.
2. In this Act, unless there is anything repugnant in the subject or context,—
(1) "displaced person" 'means any person who in the opinion of Competent Authority_
(a) was ordinarily resident in East Bengal but on account of communal disturbances occurring after the 1st day of October, 1946, left East Bengal and arrived in West Bengal on or before the 31st day of December, 1950; and
(5) has no land in West Bengal of which he is the owner; and
(c) has affirmed in an affidavit filed in the office of the Competent Authority that he does not intend to return to East Bengal;
Eaplanation.—In this clause "East Bengal" means the territories now comprised in the Province of East Bengal forming part of the Dominion of Pakistan.
Short title, extent, commencement and duration.
Definitions.
2 The Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 1951.
[West Ben. Act Eviction of persons in tin autho rised occupation.
(Section 3.)
(2) "Competent Authority" means a judicial officer not below the rank of a District Judge appointed by the State Government in consultation with the High Court by notification in the Official Gazette, to perform the functions of a Competent Authority • under this Act for such area as may be specified in the notification;
(3) "land" means immovable property;
(4) "owner" in relation to any land means a person (other than a tenant-at-will or a monthly tenant) who is entitled to the use or occupation of such land or to receive rent in respect of or derive other pecuniary benefits from such land and includes Government and any local authority;
Explanation.—A person in unauthorised occupation of any land shall not be deemed to be an owner in relation to such land.
(5) "prescribed" means prescribed by rules made under this Act;
(6) "unauthorised occupation" used in relation to any land means the use or occupation of any land or part thereof without being authorised in writing by the owner.
3. (/) An owner of any land may make an application in the prescribed manner to the Competent Authority for the eviction of persons in -unauthorised occupation of the land:
Provided that no such application shall be entertained by the Competent Authority if the unauthorised occupation commenced before the 1st day of October, 1946.
'(2) On receipt of such application the Competent Authority shall make such enquiry as it thinks fit, and shall, by notice served in the prescribed manner on every person who appears to it upon such enquiry to be in unauthorised occupation of the land, require him to show cause within thirty days of the service of the notice why he should not vacate the land and pay to the owner compensation for unauthorised occupation.
(3) The Competent Authority may, if no cause is shown or if any cause or causes is or are shown, then after considering such cause or causes, by order direct every person in respect of whom it is satisfied that he is in unauthorised occupation of the land to vacate the land within such time, not being less than thirty days from the date of the order as it may fix and to pay to the owner such compensation on account of the unauthorised occupation as it may deem fit to assess keeping in view the letting value of the land as well as the actual pecuniary loss, •if any, sustained by the owner :
Provided that if in the case of an application which the Competent Authority can entertain it is of opinion after enquiry made under sub-section (2) that the case should be tried by a civil court, it shall not proceed further with the application and shall refer the-parties to a civil court.
The Rehabilitation of Displaced Persons and Eviction of 3 Persons in Unauthorised Occupation. of Land Act, 1951.
XVI of 1951.]
I of 1894.
(Section 4.)
(4) If any person against whom an order under subsection (3) has been made directing him to vacate the land, refuses or fails to vacate the land within the time fixed by the Competent Authority, the order may be executed in the manner prescribed.
(5) The Competent Authority may, on an application.
supported by an affidavit made by any displaced person for refund of money obtained from such person by any person without lawful authority for allotment of land for unauthorised occupation, order refund of such sum as it may think just, provided that no order shall be made without giving the person against whom such claim is made an opportunity of being heard and in case the allegations are found false and frivolous may take such steps against such person as may seem fit and proper.