West Bengal Agricultural Lands And Fisheries (Acquisition And Resettlement) Act, 1958
No: 18 Dated: Sep, 23 1958
THE WEST BENGAL AGRICULTURAL LANDS AND FISHERIES (ACQUISITION AND RESETTLEMENT) ACT, 1958
West Bengal Act XVIII of 1958
An Act to provide for the acquisition of agricultural lands and fisheries and resettlement of agricultural lands for certain purposes.
Whereas it is expedient in the public interest to provide for the protection of agricultural lands, the cultivation or production whereof is injuriously affected by fisheries and for that purpose to provide for the acquisition of such lands and fisheries and for the resettlement of such lands for agricultural purposes:
It is hereby enacted as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Agricultural Lands and Fisheries (Acquisition and Resettlement) Act, 1958.
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context,-
(1) "Collector" includes any officer not below the rank of a Sub-divisional Magistrate appointed by the State Government to carry out all or any of the functions of a Collector under this Act;
(2) "fishery" means any land whereon water is confined naturally or artificially whether periodically or throughout the year for pisciculture or for fishing;
(3) "agricultural land" means land ordinarily used for purposes of agricultural or horticulture, and includes such land notwithstanding that it may be lying fallow for time being;
(4) "notified area" means any area in respect of which a notification has been issued under section 4;
(5) "prescribed" means prescribed by rules made under this Act.
3. Act to override other laws, etc. - The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary.
4. Publication of preliminary notification. - Whenever it appears to the State Government that the cultivation or production of agricultural lands in any area is affected or is likely to be affected injuriously by the establishment or existence of any fishery in such area or by extension of such fishery by the inclusion of adjoining lands therein or in any other manner, the State Government may, by notification in the Official Gazette, declare its intention to acquire such fishery and all lands within the area and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the notified area in such manner as may be prescribed.
5. Hearing of objections. - (1) Any person interested in any fishery or land within the notified area may, within thirty days from the date of issue of the notification under section 4, file an application before the Collector objecting to the acquisition of such fishery or land.
(2) The Collector shall, after giving all objectors opportunity of being heard and making such inquiry, if any, as he thinks necessary, submit to the State Government a report containing his recommendations together with the record of the proceedings held by him.
6. Acquisition and delivery of possession. - (1) If, on a consideration of the report of the Collector and of the record of proceedings held by him, the State Government is Satisfied that the cultivation or production of agricultural lands in the notified area is affected or is likely to be affected injuriously by the establishment or existence of any fishery in such area or by extension of such fishery by the inclusion of adjoining lands therein or in any other manner and that it is necessary so to do for the purpose of protecting the lands, the State Government may, by order published in the Official Gazette, acquire the fishery and the lands in the notified area or such part thereof as it thinks fit.
(2) On and from the beginning of the day on which the order is so published, the fishery and the lands mentioned therein shall vest absolutely in the State free from all incumbrance's and the Collector shall take possession of such fishery and lands and shall, for that purpose, cause an order to be served on the persons in possession of such fishery and lands requiring them to deliver possession thereof to him by such date as may be specified in the order.
(3) If any person fails or refuses to comply with the order under subsection (2), the Collector may take or cause to be taken such steps and use or cause to be used such force as he thinks necessary to enforce the delivery of possession to him of the fishery and lands in respect of which the order was made.
(4) If any person contravenes any order made under this Act he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
(5) On taking delivery of possession of the fishery and the lands acquired, the Collector shall, in such manner as may be prescribed, cause public notice to be given at convenient places on or near the fishery and the lands acquired stating that the State Government has acquired the fishery and the lands and inviting claims to compensation from persons interested.