West Bengal Public Land (Eviction Of Unauthorised Occupants) Act, 1962
No: 13 Dated: Dec, 11 1962
THE WEST BENGAL PUBLIC LAND (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1962.
West Bengal Act XIII of 1962
An Act to provide for the speedy eviction of unauthorised occupants from public lands.
Whereas it is expedient to provide for the speedy eviction of unauthorised occupants from public land;
It is hereby enacted in the thirteenth Year of the Republic of India, by the Legislature of West Bengal, as follows :-
1. Short title and extent. - (1) This Act may be called the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(1) "Collector" means -
(a) in Calcutta, the Land Acquisition Collector, Calcutta, and
(b) elsewhere, the Chief Officer-in-Charge of the revenue administration of the district, and includes an Additional District Magistrate, a Sub-divisional Magistrate, and any Executive Magistrate specially appointed by the State Government to perform all or any of the functions of a Collector under this Act.
Explanation. - In this clause Calcutta has the same meaning as in the Calcutta Municipal Act, 1951;
(2) "land" includes buildings and other things attached to the earth or permanently fastened to things attached to the earth;
(3) "notification" means a notification published in the Official Gazette;
(4) "owner" means -
(a) in relation to any land belonging to, or taken on lease by, or requisitioned by or on behalf of, the State Government, that Government, and
(b) in relation to any land belonging to, or taken on lease by, a local authority, company or corporation, such local authority, company or corporation, as the case may be;
(5) "person concerned" in relation to any public land, means any person who is in the use or occupation of the public land;
(6) "prescribed" means prescribed by rules made under this Act;
(7) "public land" means any land belonging to, or taken or lease by, the State Government, a local authority, a Government company or a corporation owned or controlled by the Central or the State Government and includes any land requisitioned by, or on behalf of, the State Government, but does not include a Government road or a highway with the meaning of the Bengal Highways Act, 1925, or any other law for the time being in force on the subject.
Explanation. - In this cause "Government company" means a Government company within the meaning of section 617 of the Companies Act, 1956.
(8) "unauthorised occupation", in relation to any public land means the use or occupation by any person of the public land without authority in writing by or on behalf of the owner thereof and includes the continued use or occupation of any such land on the expiry or termination of such authority.
3. Issue of notice to show cause against order for eviction of unauthorised occupant from public land. - (1) If, in respect of any public land, the Collector is of opinion, upon application made by an officer of the owner of the public land authorised in this behalf by such owner or upon information received otherwise, that the public land is in the unauthorised occupation of any person or persons, the Collector shall issue a notice in such from and containing such particulars as may be prescribed calling upon all person concerned to show-cause before such date, not being less than fifteen days after the date of the notice, as may specified in the notice why an order under sub-section (1) of section 4 should not be made, and shall cause it to be served in the manner referred to in sub-section (2). Intimation of the date so specified shall be given to the owner of the pubic land and to its officer authorised under this sub-section.
(2) A notice issued under sub-section (1) shall be served by affixing it on a conspicuous part of the public land concerned and in such other manner as may prescribed.
(3) A notice served in the manner referred to in sub-section (2) shall be deemed to have been duly served.
4. Order of eviction of person in unauthorised occupation from public land. - (1) If after considering the cause, if any, shown by any person in pursuance of a notice issued under section 3 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Collector is satisfied that the public land is in unauthorised occupation, he shall make an order of eviction directing all persons in such authorised occupation to vacate the public land and deliver possession thereof to owner within such time as may be specified in the order.
(2) The Collector shall cause a copy of the order made under sub-section (1) to be served in the manner referred to in sub-section (2) of section 3.
4A. Power to recover damages. - When in order of eviction has been made under sub-section (1) of section 4 in respect of any public land, the Collector may, upon application made by an officer of the owner of the public land authorised in this behalf by the owner, make an order directing any person who is, or has at any time been, in unauthorised occupation of the public land to pay for the period during which he has or had been in such occupation, damages at such rate not exceeding per annum -
(i) in the case of agricultural land, twenty-five per centum of the money value of the gross annual produce of such land, and
(ii) in any other case, ten per centum of the market value of the land,
within such time as may be specified in the order:
Provided that no such order shall be made against any person without giving him an opportunity of showing cause against the order proposed to be made.
5. Collector's power to enforce delivery of possession by evicting unauthorised occupants. - (1) If, in respect of any public land or part thereof, any person concerned refuses or fails to comply with an order made under sub-section (1) of section 4 within the time specified in the order, the Collector shall enforce delivery of possession of such public land or part thereof to the owner after evicting the person concerned and for this purpose the Collector, or any officer authorised by him, may take such steps or use such force as may be necessary.
(2) The costs of enforcing such delivery of possession after evicting the person concerned shall be payable by the person concerned within such time as the Collector may, by order, direct.
6. Damages and costs recoverable as public demand. - Any sum payable by any person as damages or costs under an order of the Collector under this Act shall recoverable as a public demand.