West Bengal Fisheries ( Requisition And Acquisition ) Act, 1965
No: 20 Dated: Sep, 08 1965
THE WEST BENGAL FISHERIES (REQUISITION AND ACQUISITION) ACT, 1965
West Bengal Act XX of 1965
An Act to provide for the requisition and speedy acquisition of fisheries for the purposes of improvement or development of such fisheries and supplying fish to the public therefrom.
Whereas it is expedient in the public interest to provide for the requisition and speedy acquisition of fisheries for the purposes of improvement or development of such fisheries and supplying fish to the public therefrom:
It is hereby enacted as follows:-
1. Short title and extent. - (1) This Act may be called the West Bengal Fisheries (Requisition and Acquisition) Act, 1965.
(2) It extends to the whole of West Bengal.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(1) "agricultural land" means land ordinarily used for purposes of agriculture or horticulture, and includes such land notwithstanding that it may be lying fallow for the time being;
(2) "Collector" includes any officer not below the rank of a Sub-Deputy Collector appointed by the State Government to carry out all or any of the functions of a Collector under this Act;
(3) "fishery" means any land whereon water is confined naturally or artificially whether periodically or throughout the year for pisciculture or for fishing and includes a 'tank Fishery' as defined in the Explanation to clause (e) of sub-section (1) of section 6 of the West Bengal Estates Acquisition Act, 1953, as also the fish in such fishery or 'tank-fishery', but does not include a tank not exceeding one acre in area adjoining a homestead and used for purposes of irrigation or domestic purposes;
(4) "prescribed" means prescribed by rules made under this Act;
(5) the expression "public purpose" means a purpose having, or being connected with, any of the following objects, namely:-
(i) the improvement or development of a fishery,
(ii) supplying fish to the public from such fishery, or
(iii) any other object which the State Government may, by notification in the Official Gazette, declare as ancillary or incidental to the aforesaid objects.
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. Power to requisition. - (1) If the State Government is of the opinion that any fishery with or without the adjoining lands in any area is needed or is likely to be needed for a public purpose, the State Government may, by order in writing, requisition such fishery and all lands within the area and may make such further order or orders as appear to it to be necessary or expedient in connection with the requisitioning.
(2) A Collector, when authorised by the State Government in this behalf, may exercise within his jurisdiction the powers conferred by sub-section (1).
(3) An order under sub-section (1) shall be served in the prescribed manner on all owners and occupiers of the fishery and the lands.
(4) If any person fails to comply with an order made under sub-section (1), the Collector or any person authorised by him in writing in this behalf, shall execute the order in such manner as he considers expedient and may, -
(a) if he is a Magistrate, enforce the delivery of possession of the fishery and the lands in respect of which the order has been made, to himself, or
(b) if he is not a Magistrate, apply to a Magistrate, and such Magistrate shall enforce the delivery of possession of such fishery and lands to him.
5. Power to acquire requisitioned fishery and lands. - (1) The State Government may, at any time when any requisitioned fishery with or without any lands continues to be subject to requisition under section 4, acquire such fishery and lands by publishing in the Official Gazette a notice to the effect that such Government has decided to acquire such fishery and lands in pursuance of this section :
Provided that before issuing such notice, the State Government shall call upon the owner and any other person who may be interested in such fishery and lands, to show cause within forty-five days why the fishery and the lands should not be so acquired, and after considering the cause, if any, shown and after giving the parties an opportunity of being heard, the State Government may pass such order as it deems fit.
(2) When a notice as aforesaid is published in the Official Gazette, the requisitioned fishery and the lands, if any, shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the State Government free from all encumbrances and the period of requisition of such fishery and lands shall end.
(3) A Collector when authorised by the State Government in this behalf, may exercise within his jurisdiction the powers conferred by sub-section (1).