THE WEST BENGAL PUBLIC LAND (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1962.

West Bengal Act XIII of 1962

11th December, 1962

An Act to provide for the speedy eviction of unauthorised occupants from public lands.

Read full Act

S.1 Short title and extent

(1) This Act may be called the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962.

(2) It extends to the whole of West Bengal.

S.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 any Officer, not below the rank of a Magistrate of the first class, 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, 19511.

• (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" in relation to public land means the State Government or a local authority, as the case may be;
• (5) "person c
  

S.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 calling upon all persons concerned to show cause before such date, not being less than fifteen days after the date of the notice, as may be specified in the notice why an order under clause (a) of 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 public 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 be prescribed.

(3) A notice serve

S.4 Order for eviction of unauthorised occupants 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 adduced in support thereof, and any evidence which may be adduced by the owner and after making such further inquiry, if any, as he deems necessary,—

• (a) the Collector is satisfied that no bona fide dispute regarding title to the public land exists and that the public land is in the unauthorised occupation of any person, he shall make an order directing such person—
  • (i) to vacate the public land and deliver possession thereof to the owner, and
  • (ii) to pay for the entire period during which he has and continues to be in unauthorised occupation of the public land, damages at such rate, not exceeding double the rate of rent prevailing for similar lands with similar advantages in the vicinity, as may be prescribed, within such time as may be specified in the order; or
• (b) the Collector is satisf
  

S.5 Collector's power to enforce delivery of possession by evicting unauthorised occupant

(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-clause (i) of clause (a) of sub-section (1) of section 4 within the time specified in the order or within such further time as the Collector may allow, then the Collector shall,—

• (a) if a Magistrate, enforce delivery of possession of such public land or part to the owner after evicting the person concerned, or
• (b) if not a Magistrate, apply to a Magistrate, or, in Calcutta as defined in section 3 of the Calcutta Police Act, 18663, to the Commissioner of Police, Calcutta, and such Magistrate or Commissioner of Police, as the case may be, shall enforce delivey of possession of such public land or part to the owner after evicting the person concerned.

(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 Coll

S.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 be recoverable as a public demand.

S.7 Appeal

An appeal from an order made under this Act shall lie to—

• (a) the Commissioner of the Division, where the order is made by the Collector, and
• (b) the Collector, where the order is made by any officer specially appointed under sub-clause (b) of clause (1) of section 2,

if preferred within thirty days from the date of the order appealed against and the decision of the Commissioner or the Collector, as the case may be, on such appeal shall be final.

Explanation.—In this section "Collector" does not include an officer specially appointed under sub-clause (b) of clause (1) of section 2.

S.8 Indemnity

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made there under.

S.9 Power to make rules

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power the State Government may make rules with respect to all or any of the following matters, namely:—

• (a) the forms and the manner of service of notices under this Act;
• (b) the procedure to be followed and the fees, if any, payable in appeals under section 7;
• (c) any other matter which may be or is required to be prescribed.

S.10 Application

The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law for the time being in force other than the Indian Penal Code4 or the Code of Criminal Procedure, 18985, but shall not apply in respect of the use or occupation of any public land by a displaced person as defined in clause (1) of section 2 of the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 19516, in respect of which an application for eviction has been entertained under sub-section (1) of section 3 of that Act.