The West Bengal Agricultural Lands And Fisheries ( Acquisition And Resettlement ) Act, 1958

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GOVERNMENT OF WEST BENGAL
Law Department
Legislative
West Bengal Act XVIII of 1958
THE WEST BENGAL . AGRICULTURAL LANDS AND
FISHERIES (ACQUISITION AND RESETTLEMENT)
ACT, 1958.
•
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette,
Extraordinary, of the 23rd September, 1958.]
[23rd Septembor,1958.]
An Act to provide for the acquisition of agricultural lands dna
fisheries and resettlement of agricultural lands. Jr
certain purposes.
W11EREAS it is expedient in the public interest to provide
for the protection of agricultural loads, 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 in the Ninth Year of the Republic
of India, by the Legislature of West Bengal, as follows:—
I, (I) This Act may be called the West Bengal Agri- Short
cultural Lands and Fisheries (Acquisition and Resettlement) etite title, Act, 1958. a n an • ),
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
2. In this Act unless there is anything repugnant in Definitions.
the subject or context,—
(/) "Collector" includes any officer not below the rank
of a Subdivisional 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 con-
fined naturally or artificially whether periodi-
cally or throughout the year for pisciculture or for
• •
izenrincliata, 1
&shins;
2 The ,West Bengal Agricultural Lands and Fisheries
(Acquisition and Resettlement) Act, 1938.
[West Ben. Act
(Sections 3-6.)
(3j "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;
(4) 'notified area" means any area in respect of which
a notification has been issued under section 4;
(5) "prescribed" means proscribed by rules made under
this Act.
•
Act to 3. The provisions of this Act shall have effect notwith-
verride standing anything to the contrary contained in any other other - law or in any contract express or implied or in any instru- iaws,etc. ment and notwithstanding any usage Cr custom to the
contrary.
Publioe- 4. Whenever it appears to the State Government that tion of prelimi- the cultivation or production of agricultural lands in any
nary area is affected or is likely to be affected injuriously by the notifiem establishment or existence of any fishery in such area or by Won. 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.
Hearing of 5. (1) Any person interested in any fishery or land objeo. within the notified area may, within thirty days from the trona 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 vith the
record of the proceedings held by him.
Aequiei. 6. (1) If, on a consideration of the report of the Collector
tree and and of the record of proceedings held by him, the State delivery Government is satisfied that the cultivation or production of of poems- .
eion. 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 nf 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 Audi part thereof as it thinks Tit.
rwl.M i lrfrl'ffS,FtWA,)nn
Tie Yea , Bengal *stenSisal Lands and .Fisheries
(Acquisition and Resettlement) Act, 195d.
XVIII 09 1999.1
(Section 7.)
(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
incumbrances 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 a ith the order
under sub-section (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 the 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.
(4) 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 slating
that the State Government has acquired the fishery and the
lands and inviting claims to compensation from persons
interested.
7. (1) Whenever any fishery and lands are acquired Compen-
under section 6 there shall be paid in the manner prescribed all 140/1: to every person interested, compensation, the amount of
which shall be determined by the Collector in the manner
and in accordance with the principles hereinafter set out:
Provided that where any such fishery or land is resettled
under section 11 with any person, the compensation, if any,
payable for it to such person shall he set off against the
consideration which may be otherwise payable by such person
for such resettlement.
(2) Compensation payable under sub-section (1) shall be
determined by the Collector according to the following
principles:— —
(a) for agricultural or other lands—
(i) for the first five hundred rupees of .. ten times such income; the net average annual income
(ii) for the next five hundred rupees of .. eight times such income; the net average annual income
(iii) for the next five hundred rupees of .. four times such income; the not average annual income
(iv) for the balance of the net average .. two times such moomo; annual income
Apportion-
ment of
cotiopn.
rae
sa
Award.
The West Bengal Agricultural Labs and Fisheries
(Acquisition and Resettlement) Act ; 1958.
[West Ben. Act
(Sections 8-11.)
(h) for a fishery—
(i) for the first five ' thousand rupees of three times such income;
the net average annual income
(Si) for the balance. of the net average . two times such income.
annual income
Expla nation.—Net average annual income shall mean—
(a) in the case of agricultural land,. one-third of the
average value of the produce derived or deriv-
able from such land during a period of five years
immediately preceding the date of vesting;
(b) in the case of other land, the average income, less
two per cent. of such income, derived or deriv-
able therefrom during a period of five years
immediately preceding the date of vesting; and
(c) in the case-of a fishery, one-third of the average
income from the fishery during a period of five
years immediately preceding the date of vesting.
8. Where there are several persons -interested in any
fishery or land, the Collector shall apportion the compensa-
tion determined under section 7 among such • persons in
accordance with the nature and extent of interest held by
each such person.
9. After determination and apportionment of compen-
sation for any fishery or land acquired under this Act, the
Collector shall make an award and notify the award in such
manner as may be prescribed.
Appeal. 10. (1) Any person aggrieved by an award of the Col-
lector under section 9 may, within thirty days from the date
of receipt of notice of the awaid, appeal—
(a) if the award is made by any officer other than the
Collector of the district, to the Collector of the
district, and
UM if the award is made by the Collector of the district,
to the Commissioner of the Division.
(2) No appeal shall lie against an appellate order passed
by the Collector of the district or the Commissioner of the
Division.
•
Disposal
of fishery
and lands
after
'rapist.
tion.
11. On acquisition of the fishery and lands under this
Act the State Government -may take such action as it may
think fit for the reclamation or protection of lands affected
or likely to be affected by the fishery and may thereafter
resettle tie- lands for cultivation on payment of such con-
sideration as may be determined by the State Government
The West Bengal Agricultural Lands and Fisheries
(Acquisition and Resettlement) Act, 1958.
41111 of 1968.]
.Seetzons 12-16.)
so, however, that such consideration shall dot exceed the
compensation payable for such land under section 7:
Provided that any such laud as was previously cultivated
and is fit for cultivation shall be resettled with the person
who last cultivated it, or, if such person is not agreeable to
take resettlement of the land or cannot be traced, with any
other person, on the terms and conditions on which the same
was previously held by the person who last cultivated it.
12. The State Government may deal with the fishery
and any land remaining after resettlement referred to in
section 11 in such manner as may be prescribed.
Disposal of surplus lauds.
13. The Collector or the Commissioner may, for the Powers of
purpose of carrying out any of his functions under this Act,
exercise such powers as are vested in a Civil Court in respect
of—
(a) the summoning and enforcing the attendance of any
person and examining him on oath;
(6) compelling the production of documents;
(c) issuing commissions for the examination cf witnesses;
and
(d) inspecting any property or thing concerning which
any question may arise.
14. The State Government may, by notification in the Peieatiii
Official Gazette, delegate any of its powers under this Act, llorT
etate
erfs of
except the power to make rules under section 16, to :he Board the s tate of Revenue, subject to such reservations, if any, as may be thwevu.
specified in the notification. ment.
15. No suit, prosecution or other legal proceedings shall Indemnity.
lie against any person for anything which is in good faith
done or intended to be done in pursuance of this Act or any
rules made thereunder.
16. (1) The State Government may make rules for carry- Power to
ing out the purposes of this Act. maim rules.
(2) In particular, and without prejudice to the generality
of the foregoing power such rules may provide for—
(a) the fees, if any, payable for petitions of appeal
under section 10 and the procedure to be followed
in such appeal,
(D) all or any of the matters which, under any provision
of this Act, may- be or are required to be pre-
scribed or provided for by rules.
linillP.68/9491OA-5111

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