The rehabilitation of displaced persons and eviction of persons in unauthorised occupation of land act, 1951

West Bengal Act XVI of 1951 
THE REHABILITATION OF DISPLACED PERSONS AND 
EVICTION OF PERSONS IN UNAUTHORISED 
OCCUPATION OF LAND ACT, 1951. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 9th June, 1951.] 
An Act to provide for the rehabilitation of displaced persons 
and eviction of persons in unauthorised occupation of 
land and for certain other matters connected therewith. 
WHEREAS it is expedient to provide for the rehabilitation 
of displaced persons and eviction of persons in unauthorised 
occupation of land and for certain other matters connected 
therewith; 
It is hereby enacted as follows:- 
1. (1) This Act may be called the Rehabilitation of 
Displaced Persons and Eviction of Persons in Unauthorised 
Occupation of Land Act, 1951. 
(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 in the Official Gazette., 
appoint and shall remain in force for a period of three years 
from such date. 
2. In this Act, unless there is anything repugnant in the 
subject or context,— 
(1) "displaced person" 'means any person who in the 
opinion of Competent Authority_ 
(a) was ordinarily resident in East Bengal but on 
account of communal disturbances occurring 
after the 1st day of October, 1946, left East 
Bengal and arrived in West Bengal on or before 
the 31st day of December, 1950; and 
(5) has no land in West Bengal of which he is the 
owner; and 
(c) has affirmed in an affidavit filed in the office of the 
Competent Authority that he does not intend 
to return to East Bengal; 
Eaplanation. — In this clause "East Bengal" means the 
territories now comprised in the Province of East 
Bengal forming part of the Dominion of 
Pakistan. 
Short title, 
extent, 
commence-
ment and 
duration. 
Definitions. 
2 The Rehabilitation of Displaced Persons and Eviction of 
Persons in Unauthorised Occupation of Land Act, 1951. 
[West Ben. Act 
Eviction of 
persons in 
tin autho 
rised 
occupation. 
(Section 3.) 
(2) "Competent Authority" means a judicial officer not 
below the rank of a District Judge appointed by 
the State Government in consultation with the 
High Court by notification in the Official Gazette, 
to perform the functions of a Competent Authority • 
under this Act for such area as may be specified 
in the notification; 
(3) "land" means immovable property; 
(4) "owner" in relation to any land means a person 
(other than a tenant-at-will or a monthly tenant) 
who is entitled to the use or occupation of such 
land or to receive rent in respect of or derive other 
pecuniary benefits from such land and includes 
Government and any local authority; 
Explanation.—A person in unauthorised occupation of 
any land shall not be deemed to be an owner in 
relation to such land. 
(5) "prescribed" means prescribed by rules made under 
this Act; 
(6) "unauthorised occupation" used in relation to any 
land means the use or occupation of any land or 
part thereof without being authorised in writing 
by the owner. 
3. (/) An owner of any land may make an application in 
the prescribed manner to the Competent Authority for the 
eviction of persons in -unauthorised occupation of the land: 
Provided that no such application shall be entertained by 
the Competent Authority if the unauthorised occupation com-
menced before the 1st day of October, 1946. 
'(2) On receipt of such application the Competent 
Authority shall make such enquiry as it thinks fit, and shall, 
by notice served in the prescribed manner on every person 
who appears to it upon such enquiry to be in unauthorised 
occupation of the land, require him to show cause within 
thirty days of the service of the notice why he should not 
vacate the land and pay to the owner compensation for 
unauthorised occupation. 
(3) The Competent Authority may, if no cause is shown 
or if any cause or causes is or are shown, then after consider-
ing such cause or causes, by order direct every person in 
respect of whom it is satisfied that he is in unauthorised 
occupation of the land to vacate the land within such time, 
not being less than thirty days from the date of the order as 
it may fix and to pay to the owner such compensation on 
account of the unauthorised occupation as it may deem fit to 
assess keeping in view the letting value of the land as well 
as the actual pecuniary loss, •if any, sustained by the owner : 
Provided that if in the case of an application which the 
Competent Authority can entertain it is of opinion after 
enquiry made under sub-section (2) that the case should be 
tried by a civil court, it shall not proceed further with the 
application and shall refer the-parties to a civil court. 
The Rehabilitation of Displaced Persons and Eviction of 3 
Persons in Unauthorised Occupation. of Land Act, 1951. 
XVI of 1951.] 
I of 1894. 
(Section 4.) 
(4) If any person against whom an order under sub-
section (3) has been made directing him to vacate the land, 
refuses or fails to vacate the land within the time fixed by 
the Competent Authority, the order may be executed in the 
manner prescribed. 
(5) The Competent Authority may, on an application. 
supported by an affidavit made by any displaced person for 
refund of money obtained from such person by any person 
without lawful authority for allotment of land for 
unauthorised occupation, order refund of such sum as it may 
think just, 
provided that no order shall be made without giving the 
person against whom such claim is made an opportunity of 
being heard and in case the allegations are found false and 
frivolous may take such steps against such person as may 
seem fit and proper. 
4. (1) Notwithstanding anything contained in section 
3, no order under sub-section (3) of that section shall be 
executed if the person in respect of whom the order has been 
made is a displaced person who on the 31st day of December, 
1950, was in unauthorised occupation of any land, until the 
State Government provides for him in the prescribed 
manner— 
(a) other land which in the opinion of the Competent 
Authority is situated in an area from where the 
displaced person would be able to carry on con-
veniently such occupation as he may have been 
engaged in for earning his livelihood at the time 
when the Competent Authority makes the order, 
(b) and also a house on such other land, suitable 
for him in the opinion of the Competent Authority, 
if immediately before the Competent Authority 
makes the order he bad a house on the land, 
and pending the providing of such other land, and house (if 
any), the displaced person shall be permitted to use and 
occupy the land and house (if any), of which he was in 
unauthorised occupation on payment of such consideration 
periodically or otherwise to the owner as the Competent 
Authority may by order deem fit to assess. 
(2) The State Government, on the application of the 
owner of any land or of its own motion, may, if it thinks 
fit so to do, acquire any land or any part thereof for a public 
purpose. Such acquisition shall be made under the provi-
sions of the Land Acquisition Act, 1894 : 
Provided that no land shall be acquired in pursuance of 
this section except with the consent of the owner thereof if 
the owner is entirely dependent for shelter or livelihood on 
such land. 
Explanation.—In construing this Act and the Land 
Acquisition Act, 1894, the expression "public purpose" shall 
be deemed to include the rehabilitation of displaced persons. 
Protection 
of 
displaced 
persons. 
4 The Rehabilitation of Displaced Persons and Eviction of 
Persons in Unauthorised Occupation of Land Act, 1967. 
[West Ben. Act 
(Sections 5 .-10.) 
Owner may 	 5. The owner of any land if lie desires to admit as a 
it apply for
g  tenant or a lessee any person who is in unauthorised occupa- ad
as a to 
tin 
nant tion of the land may apply to the Competent Authority to or lessee 	 fix the premium and the rent payable therefor and the any person Competent Authority shall thereupon by order fix such in =- 
authorised premium and rent; and upon such premium and rent being 
occupation. fixed the person who is in unauthorised occupation of the 
land shall be admitted as a tenant or lessee on condition that 
he duly pays the premium and the rent so fixed. 
6. (1) Any person aggrieved by an order of the Com-
petent Authority under section 3 or under section 4 or under 
section 5 may, within thirty days from the date of the order, 
appeal to a Tribunal appointed by the State Government 
consisting of threlpersons including a Chairman who shall 
be a person who ieor has been or is eligible to be a Judge of a High Court. 
(2) The Tribunal may set aside, confirm or modify the 
order of the Competent Authority. 
(3) The procedure of such appeals (includinc ,  the proce-dure for the stay of execution of any order of the Competent 
Authority) shall be such as may be prescribed. 
7. The use-or occupation of any land under section 4 
shall not create in the person so using or occupying the land 
any interest in the land. 
Appeals. 
Use or 
occupation 
of land 
under sec-
tion 4 not 
to create 
any 
interest. 
8. For the purpose of this Act the Competent Authority 
or the Tribunal may exercise such powers as may be prescribed. 
9. Any sum payable under an order of the Competent 
Authority or of the Tribunal as consideration, compensation, 
premium or rent shall be recoverable-- 
(a) where it is payable to the State Government—as a. 
sum recoverable under a. decree of a civil court, 
or as a public demand, or 
(b) where it is payable to an owner other than the State 
Government—as a sum recoverable under a decree 
of a civil court. 
Competent 
Authority 
or Tribunal 
to have 
prescribed 
powers. 
Recovery 
of sums 
payable 
under order 
of Compe-
tent Autho-
rity or 
Tribunal. 
Bar of 
jurisdic-
tion. 
10. An order passed by the Tribunal on appeal under 
section 6, and save as provided in section 6, an order made 
by the Competent Authority under section 3 or section 4 or 
section 5 shall be final and shall not be called in question iu 
any court or tribunal or by any authority. 
4 
The Rehabilitation of Displaced Persons and Eviction of 5 Persons in Unauthorised Occupation of Land Act, 1951. 
xvi of 1951.] 
(Sections 11-13.) 
11. (1) 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 thereunder. 
(2) No suit or other legal proceeding shall lie against 
the State Government for anything which is in good faith 
done or intended to be done in pursuance of this Act or any 
rule or order made thereunder. 
Indemnity. 
12. (1) The State Government may 
carrying out the purposes of this Act. 
(2) Without prejudice to the generality 
power, such rules may provide for all or any 
to be prescribed. 
make rules for 
of the foregoing 
matters required 
Power to 
make 
rules. 
West Ben. 
Act V of 
11951. 
13. Nothing in this Act shall apply to any land which Act not to is evacuee property under section 3 of the West Bengal apply to  Evacuee Property Act, 1951. 	 evacuee  
property. 
WBGP-51/2-4386A-5M 

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