S.1 Short title, extent and commencement

       (1) This Act may be called the West Bengal Government Premises (Regulation of Occupancy) Act, 1984.
       
       (2) It extends to the whole of West Bengal.
       
       (3) It shall come into force on such date as the State Government may, by notification, appoint.

S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context,
       (a) "Appellate Authority" means any authority, superior in rank to the Competent Authority, appointed by the State Government in respect of any Government premises or class of Government premises by notification for the purposes of sub-section (3) of section 11 and sub-section (3) of section 15, and includes different such authorities for different Government premises and different classes of Government premises;
       
       (b) "appointed day" means the date on which this Act comes into force;
       
       (c) "Competent Authority" means an authority, not below the rank of Assistant Secretary to, or Deputy Director under, the Government of West Benga

S.3 State premises may be declared to be public premises

       (1)The State Government may, from time to time, by notification subject to such terms and conditions as it may deem fit, declare any State premises to be public premises.
       
       (2) Notwithstanding the provisions of sub-section (1), it is declared that the State premises mentioned in Schedule II are public premises.

S.4 License for occupation of Government premises

       A license may be granted by a Competent Authority to any person for the occupation of any Government premises only if he is in the employment of, and holds any specified post under, the State Government.

S.5 Declaration relating Government premises to specified posts

       The State Government may, from time to time, by notification, declare that a license in respect of any Government premises may be granted to any person if such person holds the post specified in the declaration in respect of those premises.
       

S.6 State Government employees on deputation to a Government Undertaking

       Any person in the employment of the State Government shall, on deputation to a Government Undertaking, be deemed to remain in the employment of the State Government and any post held by such person in that Undertaking shall be deemed to be a post under the State Government.

S.7 License for occupation of Government premises

       No person shall occupy, or remain in occupation of, any Government premises except on the authority, and subject to the terms and conditions, of a valid license granted in his favour by the Competent Authority.
       Explanation. For the removal of doubts it is declared that a license which has been, or stands, terminated under any provision of this Act shall not be deemed to be a license for the purposes of this Act.
       

S.8 Persons not in the employment of, or not holding any post under, the State Government

       No person in occupation of any Government premises on the appointed day shall remain in occupation thereof if he is not in the employment of, or does not hold any specified post under, the State Government, or is not the person to whom lawful authority had been granted for the occupation of such premises.
       Explanation. For the removal of doubts it is declared that any person who has retired from the service of the State Government or from any of the All India Services shall not be deemed to be in the employment of, or to hold any post under, the State Government.

S.9 Authority for occupation of a Government premises to be deemed to be license

       Subject to the provisions of section 8, the authority, howsoever described, by which any person is lawfully in occupation of any Government premises on the appointed day shall be deemed to be a license for the purposes of section 7.

S.10 Terms and conditions of license

       (1) The terms and conditions specified in Schedule I shall be deemed to be a part of the terms and conditions of every license and they shall be in addition to such other terms and conditions as may be determined by the Competent Authority or may have been determined in respect of anything deemed to be a license under section 9.
       
       (2) Where the terms and conditions specified in Schedule I are inconsistent with the other terms and conditions of any license, such other terms and conditions shall, to the extent they are inconsistent, be void.

S.11 Termination of license

       (1) Every license in respect of a Government premises shall, subject to the provisions of sub-section (2), stand automatically terminated upon
       
       (i) the death of the licensee, or
       (ii) the expiry of the period of validity of the license, or
       (iii) the cessation of the licensee's employment under the State Government by reason of his retirement, resignation, discharge or dismissal or by any other reason, or
       (iv) the licensee ceasing to hold any specified post under the State Government by reason of his transfer from any such post or by any other reason:
       Provided that for the purposes of this section a person shall not be deemed to have ceased to hold any post by

S.12 Payment of any amount after termination of license not to revalidate the license

       Where payment of any amount as consideration for the occupation of any Government premises is tendered by the licensee or any other person after the termination of his license, the acceptance of that amount by, or on behalf of, the State Government or any other authority shall not be construed as revalidating or renewing or extending the license or conferring any right upon the licensee or any other person to remain in occupation of the said Government premises, but the amount may be adjusted against the compensation payable under section 15.

S.13 Consequence of violation of the provisions of the Act

       Where any person occupies, or remains in occupation of, any Government premises in violation of any of the provisions of this Act, the Competent Authority may take such steps and use such force as may be necessary to take possession of the premises:
       Provided that, except in respect of a room or a seat in a room allotted separately, no such steps shall be taken
       
       (a) before the expiry of a period of thirty days
       (i) from the appointed day in a case where there has been a violation of the provisions of section 8, or
       (ii) from the date of termination of a license under sub-section (1) of section 11 or from the date of communication to the licensee of an order under sub-section (2) of section 11 terminating

S.14 Penalty

       (1) Whoever occupies, a remains in occupation of, or allows any person to occupy, any Government premises in violation of any of the provisions of this Act shall, without prejudice to any other action that may be taken against him under this Act, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.
       
       (2) Any offence punishable under sub-section (1) shall be a cognizable offence.

S.15 Compensation payable for unlawful occupation

       (1) Where any person has occupied any Government premises in violation of any of the provisions of this Act, he shall be liable to pay as compensation such amount, not exceeding the market rental value of the premises assessed in the prescribed manner, as the Competent Authority may, by order, determine after giving such person an opportunity of being heard.
       
       (2) Where any damage beyond normal wear and tear has been caused to any Government premises while in the occupation of any person, such person shall be liable to pay for the repair of such damage such compensation, not exceeding the cost of repair, as may be determined, by order, by the Competent Authority, after giving him an opportunity of being heard.
       
       (3) An appeal shall lie to the Appell

S.16 Period for payment of compensation

       The amount of compensation determined under section 15 by the Competent Authority or the Appellate Authority, as the case may be, shall be payable by the person liable to pay such compensation within thirty days of the communication thereof to the said person.

S.17 Recovery of compensation

       Any arrears of license fee or compensation determined under section 15 shall be recoverable with interest calculated thereon at six per centum per annum as a public demand under the Bengal Public Demands Recovery Act, 1913.

S.18 Proceeding for realisation of arrears of license fee or compensation

       Where any person against whom any proceeding for the realisation of arrears of license fee or compensation as a public demand is to be, or has been, taken under section 17 dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken, or as the case may be, continued against the heir or the legal representative of that person.

S.19 Power of Competent Authority to remove property

       (1) Where possession of any premises has been taken under section 13, the Competent Authority may, after giving fourteen days' notice to the person from whom possession has been taken, remove or cause to be removed or dispose of by public auction any property remaining in such premises.
       
       (2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Competent Authority on account of arrears of license fee or compensation or costs, be paid to such person as may appear to the Competent Authority to be entitled to the same.

S.20 Competent Authority and Appellate Authority to be public servants

       The Competent Authority and the Appellate Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

S.21 Protection of action taken in good faith

       No suit, prosecution or other legal proceeding whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.

S.22 Removal of difficulty

       If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty:
       Provided that not such order shall be made after the expiry of a period of two years from the date of publication of this Act in the Official Gazette.

S.23 Power of State Government to review

       The State Government may call for and examine the records of any proceeding before the Competent Authority or the Appellate Authority within thirty days from the date of any order made by the Competent Authority or the Appellate Authority, as the case may be, and make such orders thereon as it may think fit.

S.24 Act to override other laws

       (1) The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any judgement, decree or order of any court, tribunal or other authority or in any instrument having effect by virtue of any enactment other than this Act or in any contract, express or implied, or in any custom or usage.
       
       (2) In particular, and without prejudice to the generality of the foregoing provisions, the West Bengal Public Land (Eviction of Unauthorised Occupants.) Act, 1962 and the West Bengal Government Premises (Tenancy Regulation) Act, 1976 shall not apply to Government premises.
       

S.25 Bar to jurisdiction of courts

       No court shall have jurisdiction to decide or to deal with any question which is required to be decided or dealt with under the provisions of this Act and no court shall have jurisdiction to entertain any suit or proceeding in respect of any such question.

S.26 Power to make rules

       (1) The State Government may make rules for carrying out the purposes of this Act.
       
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed.
       
       (3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature while it is in session, for a total period of thirty days, which may be comprised in one session or in two successive sessions.
       

S.27 Power to relax

       The State Government may, if it considers necessary so to do, dispense with or relax the requirement of any of the provisions of this Act in respect of any Government premises to such extent and subject to such conditions as it may deem fit.

Sch.1 Terms and conditions applicable to all licenses in respect of Government premises

       Terms and conditions applicable to all licenses in respect of
       Government premises.
       
       1. Subject to the provisions of item 2 and section 11, a license shall remain valid for the specified period and such period and such period may be renewed from time to time by the Competent Authority. For this purpose specified period shall mean
       (i) the period specified in the license or, where nothing is specified in the license, a period of three years from the date of issue of the license and such date, in the case of anything deemed to be a license under section 9, shall be the appointed day, or
       (ii) any period for which the license is renewed by the Competent Authority.
       

Sch.2 Public premises under the control of the Department of Housing of the State Government

       Public premises under the control of the Department of Housing
       of the State Government.
       
       1. All residential premises comprised in the Middle Income Group and Low Income Group Housing Estate at 37, Belgachia Road, Calcutta - 37, except those in Block Nos. C to E and J to V
       
       2. All residential premises comprised in the Middle Income Group Housing Estate at 60-67, B.T. Road, Calcutta - 2.
       
       3. All residential premises comprised in the Middle Income Group and Low Income Group Housing Estate at Belgachia Villa, 64A, Belgachia Road, Calcutta - 37.