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Section 4

The Rehabilitation Of Displaced Persons And Eviction Of Persons In Unauthorised Occupation Of Land Act, 1951State Act of West Bengal · Act 16 of 1951

(1) Notwithstanding anything contained in section 3, no order under sub-section (3) of that section shall be executed if the person in respect of whom the order has been made is a displaced person who on the 31st day of December, 1950, was in unauthorised occupation of any land, until the State Government provides for him in the prescribed manner—

(a) other land which in the opinion of the Competent Authority is situated in an area from where the displaced person would be able to carry on conveniently such occupation as he may have been engaged in for earning his livelihood at the time when the Competent Authority makes the order,

(b) and also a house on such other land, suitable for him in the opinion of the Competent Authority, if immediately before the Competent Authority makes the order he bad a house on the land, and pending the providing of such other land, and house (if any), the displaced person shall be permitted to use and occupy the land and house (if any), of which he was in unauthorised occupation on payment of such consideration periodically or otherwise to the owner as the Competent Authority may by order deem fit to assess.

(2) The State Government, on the application of the owner of any land or of its own motion, may, if it thinks fit so to do, acquire any land or any part thereof for a public purpose. Such acquisition shall be made under the provisions of the Land Acquisition Act, 1894 :

Provided that no land shall be acquired in pursuance of this section except with the consent of the owner thereof if the owner is entirely dependent for shelter or livelihood on such land.

Explanation.—In construing this Act and the Land Acquisition Act, 1894, the expression "public purpose" shall be deemed to include the rehabilitation of displaced persons.

Protection of displaced persons.

4 The Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 1967.

[West Ben. Act (Sections 5.-10.)

Owner may 5. The owner of any land if lie desires to admit as a it apply for g tenant or a lessee any person who is in unauthorised occupa- ad as a to tin nant tion of the land may apply to the Competent Authority to or lessee fix the premium and the rent payable therefor and the any person Competent Authority shall thereupon by order fix such in =- authorised premium and rent; and upon such premium and rent being occupation. fixed the person who is in unauthorised occupation of the land shall be admitted as a tenant or lessee on condition that he duly pays the premium and the rent so fixed.

Where this provision sits

ActThe Rehabilitation Of Displaced Persons And Eviction Of Persons In Unauthorised Occupation Of Land Act, 1951
Section4
JurisdictionState of West Bengal
StatusIn force as published by the source

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