The West Bengal Fisheries ( Requisition And Acquisition ) Act, 1965

West B4311. 
Act I of 
1954. 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XX of 1965 
THE WEST BENGAL FISHERIES (REQUISITION AND 
ACQUISITION) ACT, 1965. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the C alcutta Gazette, 
Extraordinary, of the 8th September, 1965.] 
[8th September, 1965.] 
An Act to provide for the requisition and speedy acquisition 
of fisheries for the purposes of improvement or develop-
ment 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 in the Sixteenth Year of the Republic 
of India, by the Legislature of West Bengal, as follows :- 
1. (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. 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 n otwithstanding 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 con-
fined naturally or artificially whether periodi-
cally or throughout the year for pisciculture or 
for fishing and includes a 'tank fishery'. as 
defined in the Exp/anation 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 Acta 
PrIce—Ii4disin, 30P: 
Short 
title and 
extent. 
Deflnie 
Lions. 
2 The West Bengal 1Pish,eries (1?equisition and Acquisition) 
Act, 1965. 
[WOst Ben. Act 
(Sections 3-5.) 
(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. 
Act 
to over: 
ride other 
laws, etc. 
Power to 
requisi-
tion. 
Power to 
acquircl 
requisi. 
tioned 
fishery 
and 
lands. 
3. 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. (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 fishers- awl 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 Govern-
ment 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 authoris- 
ed 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. (I) 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 
The West Bengal Fisheries (Requisition, and Acquisition) 	 3 Act, 1965. 
xx of 1965.1 
(Sections 6, 7.) 
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 Govern-
ment 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).  
6. (1) After the publication of a notice under sub- Notice to section (1) of section 5, the Collector shall cause public notice persons 
to be given at convenient places on or near the fishery and interested. 
the lands to be taken stating that the State Government has 
acquired the fishery and the lands, and that clainis to compen- 
sation for all interests 'in such fishery and lands may be made 
to him. 
(2) Such notice shall state the particulars of the fishery 
.and the lands so acquired; and shall require all persons interested in the .  fishery or the lands to appear personally 
or by agent before the Collector at a tine and. place therein 
mentioned (such time not being earlier than fifteen days 
after the date of publication of the notice), and to state  
the nature of their respective interests in the fishery and 
the lands and the amount and particulars of their claims to 
compensation. for such interests. The Collector may in any 
case require such statement to be made in writing and signed 
by the party or his agent. 
(3) The Collector shall also serve notice in the manner 
prescribed on the occupier (if any) of such fishery and land 
and on all such persons known or believed to be interested 
therein, or to be entitled to act for persons so interested, as 
reside or have agents authorised to receive service on their • 
behalf, within the revenue district in which the fishery and 
the lands are situate. 
(4) In case any person so interested resides elsewhere, and 
has no such agent, the notice shall be sent to him by registered 
post in a letter addressed to him at his last known residence. 
address or place of business. 
7. (1) Where any fishery or lands requisitioned under 
section 4 are not acquired and are to be released from requi-
sition, the State Government may, after making such 
inquiry, if any, as it considers -necessary, specify by order 
in writing the person who appears to it to be entitled to 
the possessioil of such fishery or lands. 
Release 
from 
requisi-
tion. 
4 	 The West Bengal Fisderies (Requisition and Acquisition) 
Act, 1965. 
[West Ben. Act 
(Section 8) 
(2) The delivery of possession of such fishery or lands to 
the person specified in the order made under sub-section (1) 
shall be a full discharge of any liability of the State Govern-
ment to deliver possession to such person as may have rightful 
claim to possession thereof but shall not prejudice any right 
in respect of such fishery or lands which any other person 
may be entitled by due process of law to enforce against the 
person to whom possession of the fishery or lands is se 
delivered. 
oompeneeo Von* 
(3) Where the person to whom the possession of any fishery 
or lands requisitioned under section 4 is to be delivered connote 
be found or is not readily traceable or has no agent or other 
person empowered to accept delivery on his behalf or such 
person or his agent refuses to accept such delivery, the State 
Government shall publish in the Official Gazette a notice 
declaring that such fishery or lands are released from requisi-
tion and shall cause a copy thereof to be affixed on some 
conspicuous part of such fishery or lands, as the case may be. 
(4) When a notice referred to in sub-section (3) is published 
in the Official Gazette, the fishery or the lands specified in 
such notice shall cease to be subject to requisition on and 
from the date of such publication and shall be deemed to have 
been delivered to the person entitled to possession thereof ; 
and the State Government shall not be liable for any compen-
sation or other claims in respect of such fishery or lands for 
any period after the said date. 
8. (7) Whenever any fishery or lands are requisitimned 
under section 4 or acquired under section 5 there shall be 
paid in the manner prescribed to every person interested. 
compensation, the amount of which shall be determined by 
the Collector in the prescribed manner in accordance with 
the principles hereinafter set out. 
(2) Where any fishery or lands are acquired compensation 
shall be payable at the rate of three times the net average 
annual income from the fishery or the lands, as the case 
may be. 
(3) Where any fishery or lands are requisitioned there 
shall be paid to every person interested compensation in 
respect of— 
(a) the requisition of such fishery or lands; and 
(b) any damage done during the period of requisition to 
such fishery or lands other than what may have 
been sustained by natural causes, 
The West Bengal Fisheries (Requisition and Acquisition) 5 
Act, 1965. 
XX of 1965.] 
(Sections 9, 10.) 
(4) The principles to be followed in determining com-
pensation under sub-section (3) shall be as follows, 
namely :— 
where the Collector and the person interested agree 
as to the compensation, the Collector shall make 
an award ordering payment of the agreed com-
pensation; 
(ii) where the Collector and the person interested do not 
agree as to the compensation, or where the per-
son interested cannot be traced or does not appear 
before the Collector when called upon to be pre-
sent for the purpose of the determination of the 
compensation, the compensation to be determined 
by the Collector shall include the amount calcula-
ted for the period of requisition of the fishery or 
lands at the rate of the net average annual income 
from such fishery or lands and the amount which 
the Collector considers necessary to compensate 
41,e person interested for any damage referred to 
in clause (b) of sub-section (3) and the Collector 
shall make an award ordering payment of the 
compensation so determined. 
Explanation.—"Net average annual income" to be 
determined by the Collector for the purposes of sub-sections 
(2) and (4) 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 requisition ; 
(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 requisition; 
and 
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 requisi-
tion. 
9. Where there are several persons interested in any 
fishery or lands, the Collector shall apportion the compensa-
tion determined under section 8 among such persons in 
accordance with the nature and extent of interest held by 
each such person. 
10. After determination and apportionment of compen-
sation for any fishery or lands acquired under this Act, 
the Collector shall make an award and notify the award in 
such manner as may be prescribed, 
(i) 
(e) 
Apportion. 
merit of 
compen-
sation. 
Award. 
8 The West Bengal Fisheries (Requisition and Acquisition) 
Act, 1965. 
[West Ben. Act 
Appeal. 
Powers of 
State 
Govern. 
merit 
over 
fishery 
and lands 
requisi-
tioned or 
et,cquired. 
Power to 
enter upon 
fiehery, 
etc,. 
Penalty. 
(Sections 11-16.) 
11. (1) Any person aggrieved by an award of the 
Collector under section 10 may, within forty-five days from 
the date of receipt of notice of the award, appeal— 
(a) if the award is made by any officer other than the • Collector of . the district or the Additional Dis-
trict Magistrate, to the Collector of the district 
or the Additional District Magistrate, and 
i.'d) if the award is made by the Collector of the district, 
or the Additional District Magistrate, to the 
Commissioner of the Division. 
(2) No appeal shall lie against an appellate order passed 
by the Collector of the district, the Additional District 
Magistrate or the Commissioner of the Division. 
12. Subject to the provisions of any rule made in this 
behalf, on requisition or acquisition of any fishery and lands 
under this Act, the State Government .  may use or deal with such fishery and 'lands for such public purpose 
or anything ancillary or incidental thereto, as may appear to it to be expedient. 
13. • The State Government may, with a view to rer .ini• sitioning any fishery or land or for the purpose of determinii. 
.tion by the Collector of the amount of compensation payable 
under this Act, by order,— 
(a) require any person to furnish to such authority az 
may be specified in the order such information 
in his possession relating to the property as may 
be specified; 
(b) authorise any person to perform in Tespek of any 
fishery or land all or any of the functions refer-
red to in sub-section. (2) of section 4 of the Land Acquisition Act, 1894. 
14. If any person contravenes any order made under 
this Act lie shall be punishable with imprisonment for 
a term which may extend to one year or with fine whieb 
may extend to two thousand rupees or with both. 
I of 
1894. 
Saving. 	 15. Save as otherwise expressly provided in this 
 Act, no decision or order made in exercise of any power con-
ferred by or under this Act shall be called in question in any Court. 
Exemp-
tion from 
stamp 
duty. 
16. • No award or agreement made under this Act 
shall be chargeable with stamp duty, and no person claiming 
under any such award or agreement shall be liable to pay 
any fee for a copy thereof. 
The West Bengal Fisheries (Requisition and Acquisition) 7 
Act, 1961. 
XX of 1965.3 
(Sections 17-20.) 
17. The Collector or the Commissioner may, for the Powers of purpose of carrying out any of his functions under this Court,. 
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; 
(b) compelling the production of documents; 
(c) issuing commissions for the examination of 
witnesses; and 
(d) inspecting any property or thing concerning 'which 
any question may arise. 
18. The State Government may, by notification in the Official Gaz6tte, delegate any of its powers under this 
Act, except the power to make rules under section 20, 
to the Board of Revenue, subject to such reservations, if 
any, as may be specified in the notification. 
19. No suit, prosecutioi. or other legal procedings 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 
rules made thereunder. 
20. (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— 
(a) the fees, if arty, payable for petition of appeal 
under section 1'1 and the procedure to be followed 
in such appeal; 
(b) all OF any of the matters which, under any provision 
of this Act, may be or are required to be 
prescribed or. provided for by rules. 
Delegation 
of powers 
of the 
State 
Govern. 
meat. 
Indemnity. 
Power to 
make 
rule =. 
NVAQP.6718-289A-5M 

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