The West Bengal Public Land ( Eviction Of Unauthorised Occupants ) Act, 1962

Vest Ben. 
kot 
if 1951. 
COVERNMENT OF WEST BENGAL. 
LAW DEPARTMENT 
Legislative 
West Bengal Act XIII of 1962 
THE WEST BENGAL PUBLIC LAND (EVICTION OF 
UNAUTHORISED OCCUPANTS) ACT, 1962. 
L1'assed fig -the IVCst Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, - Eztralynitnary, of the 14th December, 1962.1 
[111A December, 1962.] 
An Act to provide for the speedy eviction of unauthorised 
occupants front public lands. 
WHEREAS it is expedient to provide for the speedy 
eviction of unauthorised occupants from public lands; 
It is hereby enacted in the Thirteenth Year of the 
Republic of India, by the Legislature of West Bengal, as 
follows : — 
1, (1) This Act may be called the West Bengal Public short title 
Land (Eviction of Unauthorised Occupants) Act, 1962. 	 and extent. 
(2) It extends to the whole of West Bengal. 
2. In this Act, unless there is anything repugnant in Definitions. 
the subject or context,— 
(1) "Collector" means— 
(a) in Calcutta, the • t imid Acquisition Collector, 
Calcutta, and 
(h) 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, 
1951. 
(2) 'land" includes buildings and other things attached 
to the earth or permanently fastened to things 
attached to the earth: 
Price—Indian, 12 nP.; English, 3d, 
The West Bengal Public Land (Eviction of 
Unauthorised Occupants) Act, 1962. 
[West Ben. Act 
(Section 3.) 
.(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 
ease 7i -nay be; 
(6) "person concerned", in relation to any public land, 
means any person who is in, the use or occupa-
tion of the public land; 
• 
(6) "prescribed" means prescribed by rules made under 
this Act; 
(7) "public land" means any land belonging to, or 
taken on lease by, the State .-Government or any 
local authority and includes any land requisi-
tioned by, or on behalf of, the State. Govern-
ment, but does not include a Government road 
or a highway within the meaning of th-e Bengal 
Highways Act, 1925, or any other law for the 
time being in force on the subject or any part 
of such Government road or highway ; 
(8) "unauthorised occupation", in • relation to, any 
-publid land, means the use or occupation by 
any 'perkin of the public land without authority 
". in writing by or on behalf of the owner thereof. 
Ben. Act 
III of 1925, 
Issue of 
notice to 
show cause 
against 
order for 
eviction of 
unautho-
rised occu-
pant from 
public 
land. 
3. (1) If, in reOect'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 speoi%d in the notice why an order 
under clause (a) of subsection- (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 served in, the manner referred to in sub-
section (2) shall be deemed to have been .duly served. 
-The West Bengal Public Land (Eviction of 3 
Unauthorised Occupants )  Act, 1962. 
XIII of 1962.1 
(Sections 4, 5.) 
4. (1) If, after considering the cause, if any, shown by 
any person in pursuance of a notice issued under section 
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 piallic land is in the unauthorised occupation 
of any person, he shall make an order directing 
such person— • 
to vacate the public land. and deliver possession 
thereof to the owner, and 
(ii) to pay . for the entire period during which he has 
been 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 pres-
cribed, within such time as May be specified 
in the order; or 
(b) the Collector is satisfied that the person concerned 
is not in unauthorised occupation of the 
public land or is of opinion that a -bona fide 
dispute regarding title to the public land 
exists, he .shall make an order cancelling the 
proceedings and referring the parties to the 
civil court : 
Provided that no order under • this sub- oection shall 
be Made to the prejudice of any person who has 
had no opportunity of being heard. 
(2) Where an order has been made under =clause (a) of 
sub-section (1), the Collector shall cause a copy of the 
order to be served in the manner referred to in sub-section 
(2) of section 3. 
(1) 
Order for 
eviction of 
unauthoris. 
ed 000u. 
pants from 
public 
land. 
5. (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 
Collector's 
power to 
enforce 
delivery of 
possession 
by evicting 
unautho-
rised
occupant. 
make rules. 
Power to - 	 9. (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 metiers, 
-- namely : — 
(a) the forms and the manner of service of notices 
under this Act; 
4 The West Bengal Public .  Land (Eviction of 
Unauthorised Occupants) Act, 1962. 
[West Hen. Act 
( b) 
(Sections 6 	 9.) 
if not a Magistrate, apply to a Magistrate, or, in 
Calcutta. as defined in section 3 of the Calcutta 
Police Act, 1866, 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 Collector map, 
by order, direct. 
6. Any sum payable by any person as damages 
costs under an order of the Collector under this Act shall 
1)c • rftcoverable s 	 public demand. 
`7. An ap'peal from an order made under this Act shall 
lie to— 
(a) the Commissioner 1 of the Division, *Imre the order 
is made, by the Collector, and 
(1)) 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) 
f clause (1) of section 2. 
Damages 
and costs 
recoverable 
as public 
demand. 
Appeal. 
Ben. Act 
Iv of 1866. 
Indemnity. 	 8. No stilt, prosecution or other legal proceeding shall 
lie against Any person4Of anything which is in good faith 
done or intended to be done in pursuance of this Act or any 
rule or order made thereunder. 
The West Bengal Public Land (Eviction 
Unauthorised Occupants) Act, 1962. 
Mil of 1262:1 
of 
Aot XLV 
of 1860. 
Act V of 
1898. 
West Ben. 
Aot XVI 
of 1951. 
West Ben. 
Ord. VI of 
1962. 
(Sections 10, 11.) 
(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. 
10. 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 Code or the .Code of Criminal Procedure, 1898, but 
shall not apply in respect of the use or occupation of any 
public land by a displaced person as defined in clause (/) 
of section 2 of the Rehabilitation of Displaced Persons and 
Eviction of Persons in Unauthorised Occupation of Land 
Act, 1951, in respect .  Of which. an  -application for eviction 
has been entertained under sub-section (1) of section 3 of 
'that Act. 
11. (1) The West Bengal Public Land (Eviction .of Unauthorised Occupants) OrdinanCe, 1962, 'is hereby 
repealed. 
- : (2) Anything done or any action taken under the said 
Ordinance shall be deemed to' have been validly done or 
taken under this Act as if this ACi had commenced on the 
8th -clay bf September, 1962. 
Applica-
tion. 
Repeal and 
savings. 
VilBGP -63/4-9078A-5M 

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