(1) Any person to whom possession of any land has been made over under sub-section (1) of section. 5 or who has been allowed to continue to remain in possession of such land under clause (a) of section 10 shall,—
(a) deliver to the Collector or to any officer authorised.
by the Collector in this behalf thirty-five per cent. of the gross produce from such land for any agricultural season or pay its money value to be determined by the Collector in such manner as may be prescribed, and
(b) after the expiry of the period for which possession has been made over to him under sub-section (7) of section 5 -or he has been allowed to continue to remain in possession under clause (a) of section 10, give back possession of such land to the Collector or to any officer authorised by the Collector in this behalf and in default of his doing so the Collector may take possession thereof by force, if necessary.
(2) If such person fails to deliver the produce or the money value thereof referred to in clause (a) of subsection (1) within such time as may be fixed by the Collector in this behalf, the money value shall he recoverable as a public demand.
Delivery of produce or its money value to the Collector.
7. When any land is requisitioned under section 3, there shall be paid to every person interested compensation for such requisition and the amount of compensation shall be. twenty-five per cent. of the gross produce from such land for the period for which such land has been requisitioned, or its money value determined under section. 61
Provided that if there is a total failure of crop from such land or if for any reason such land has not actually been utilised, the amount of compensation per annum shall be at the rate of three per cent. of the market value of such land on the date of the order of requisition.
Explanation.—The expression "person interested" includes all persons claiming an interest in compensation to be paid on account of the requisition of land under the provisions of this Act and a person shall be deemed to be interested in land if he is interested in an easement affecting the land.
Compensa.
tion:
8. Where there are - several persons interested in the Apportion.
land requisitioned under section 1, the Collector shall by meni of order apportion the compensation among such persons in "mPfmsR- accordance with the nature and extent of interest held by tion.
each such person.
Release from requisition Or extension of the period of requisition.
4 The West Bengal Utilisation of Land for Production of Food Crops Act, 1969.
[west Ben. Act (Sections 9-12.)
9. After the expiry of the period for which land has been requisitioned under section 3, the Collector may,— release the land from requisition and deliver possession thereof to the person from whom possession was taken, or
(b) if he is of opinion that such requisition should continue, by order in writing, extend the period of requisition for such period not extending beyond one agricultural year at a time, as he thinks fit, so, however, that the total period of requisition shall not exceed three agricultural years
Provided that no order extending the period of requisition of any land shall be made without giving the owner, and if such land is in occupation of an occupier, also the occupier, an opportunity of being heard:
Provided further that the order for the extension of the period of requisition shall be made before the expiry of the period of requisition.
(a) Possession 10. If the period of requisition is extended under in ease of clause (b) of section 9, the Collector may,— extension of the (a) by order allow the person to whom possession has period of been delivered under sub-section (1) of section 5 requisi- to continue to remain in possession for such Lion.
period not extending beyond the agricultural year as may be specified in. the order; or
(b) proceed under section 5 and make over possession of the land to another person.
11. An appeal shall lie from an order made under this Act,—
(a) to the Collector of the district, where the order is made by a Subdivisional Magistrate, and
(b) to the Commissioner of the Division, where the order is made by a Collector of a district or an Additional District Magistrate, ii preferred within thirty days from the date of the order appealed against and the decision of the Collector or of the Commissioner, as the case may be, shall be final.
Power 12. (1) The State Government may make rules for to make tarrying out the purposes of this Act.
rules.
Appeal.
West Ben.
Ord. X of 1969.
i he West Bengal Utilisation of Land for Production of 5 Food Crops Act, 1969.
XVI Of 1969.]
(Section 13.)
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner of service of the order referred to in sub-section (4) of section 3;
(b) the manner of determining- gross produce from any land;
(c) the manner of determining money value of the gross produce from any land.