The west bengal requisitioned land ( continuance of powers ) act, 1951

West Bengal Act VIII of 1951 
THE WEST BENGAL REQUISITIONED LAND (CONTi- 
NUANCE OF POWERS) ACT, 1951. 
[Passed by the West Bengal Legislature.] 
[Assent of tho 1resident was first published in the Calcutta Gazette, 
Brtraordinary, of the 291.h March, 1951.J 
An Act to promde for he continuance of cerlain emergency powcrs 2n relation to requisitioned land. 
WHEREAS it is expedient to provide, in relation to land 
KXXV of which, when the Defence of India Act,, 1939, expired, was 
1939. subject to any requisition elfected under rules made under 
that Act, for the continuanco of certain powers theretofore 
exercisable under the said Act or the said rules and there- 
XIX after exercisable under the Requisitioned Land (Continuance 1946. VII of 
947. 
of Powers) Ordinance, 1946, or the 
(Continuance of Powers) Act, 1947; Requisitioned Land 
It is hereby enacted as follows : 
1. (7) This Act may be called the West Bengal Requisi- Short title, tioned Land (Continuance of Powers) Act, 1951. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on the first 1951. and shall cease to 
period of three years from that date except as respects thinggs 
done or omitted to be done before 
Tiod apd section 8 of the Bengal General Clauses Act, 1899, 
shall apply upon the expiry of this Act as if it had then been 
repealed by a West Bengal Act. 
extent, 
commence-ment and 
day of April, duration. 
ve effect on the expiration of a 
the exp1ration of such 
2. In this Act, umless there is anything repugnant in Definitions
the subject or context,-
(7) the Act'" means the Requisitioned Land (Continu-
ance of Powers) Act, 1947; 
(2) the Ordinance" means the Requisitioned Land 
(Continuance of Powers) Ordinance, 1946; 
(3) "requisitioned land' means immovable property which, at the commencement of this Act, is subject 
to any requisition effected under the rules made 
under the Defence of India Act, 1939, and con- 
tinued under the Ordinance and the Act and is 
under requisition for any purpose other than 
the purposes of the Union. 
3. Notwithstanding the expiration of the Defence of Continu 
India Act, 1939, and the rules made thereunder and the anoce of 
repeal of the Ordinance and the expiration of the period of reguls 
operation of the Act in respect of requisitioned lands, all 
requisitioned lands shall continue to be subject to requisition 
until the expiry of this Act and the State Government may 
UsG or deal with any requislioned Jand in such manner as 
Tmay appear to it to be expedient: 
Provided that the State Government may at anys time 
release from requisition any requisitioned land. 
tions. 
Price-Indian, annas 2; English, 3d. 
Land (Continuance of 2 The West Bengal Reguisitioned andContinuane 
Powers) Act, 1I51. 
West Ben. Act 
(Scctions 4, 5.) 
Xelease 4. (7) Where any requisitioned land is to be rol. 
from requi from requisition, the State Government may, after moa king necessary, specify by such inquiry, if any, as it cousiders 
order in writing the person to whom possesS10n of the 1 
shall be given. 
8ition. 
land 
(2) The delivery of possession of the requisitioned land 
to the person specified in an order made under sub-section 
(1) shall be a full discharge of the State Govern ment from 
all liability in respect of such delivery, but shall not preiu. 
dice any rights in respect of the land which any other person 
may be entitled by due process of lav to enforce against the 
person to whom possession of the land is so delivered. 
(3) Where the person to whom possession of any requi- 
sitioned land is to be given cannot be found and has no agent 
oT other person empoweredto accept delivery on his behalf the State Goverument shall cause a notice declaring that 
the land is eeleased from requisition to be affixed on some 
conspicuous part of the land and publish the notice in the 
Oficial Gazette. 
(4)When a notice referred to in sub-section (3) is pub- 
lished in the Offcial Gazette, the land specified in such notice 
shall cease to be subject to requisition on and from the 
date of such publication and be deemed 
delivered to the person entitled to possession thereof; and 
the State Government shall not be liable for any cômpensa- 
tion or other claim in respect of the land for any period 
after the said date. 
to have been 
5. (7) Subject to the provisions of sub-section (3), the 
State Gorernment may, at any time when any requisitioned 
land continues to be subject to requisition _under section 3, 
acquire such 
notice to the effect that 
Power to 
&cquire 
requi. sitioned 
land land by publishing in the Gazette a 
such Government has decided to 
acquure such land in pursuance of this section. 
(2) When a notice as aforesaid is published in the 0ficial 
Gazette, the requisitioned. land 
beginning of the day on which the notice is so published
Test absolutely in the State Government free from all 
encumbrances and the period 
shall end. 
shall, on and from the 
of requisition of such land 
(3) No requisitioned land shall be acquired under this 
section except in the following cireumstances, namely: 
(a)where any wrorks have during the period of requisi- 
in or over the lnd tion been constructed on, 
wholly or partly at the expense of Government 
and the State Government decides that the value 
of, or the right to use, such works should be 
preserved or secured for the purposes of the State 
Government; or 
The West Bengal Requisitioned 
Powers) Act, 1951. 
Land (Continuance of 3 
VIll of 1951.] 
(Sections 6, 7.) 
(b) where the cost of restoring the land to its condition 
at the ime of its requisition would, in the deter- 
mination of the State Government, be ex cessive 
having regard to the value of the land at that 
time. 
4) Any decision or determination of the State Govern- 
1ment under sub-section (3) shall be final, and shall not be 
called in question in any Court. 
(5) For the 
works" includes buildings, structures and improvements of 
every description. 
urposes of clause (a) of sub-section (3) 
6. (1) In respect of the continued subjection of requisi- Payment tioned land to requisition under this Act or the Act or the of conpen 
Ordinance, compensation shall be determined and paid in sabion. 
accordance with the provisions of section 19 of the Defence of 
India Act, 1939, and of the rules made thereunder: 
XXXV of 
1939. 
Provided that all agreements and awards under the said 
section in respect of the 1payment of compensation for the 
period of requisition before the first day of April, 1951 shall 
continue to be in force and shall apply to the payment of com- 
peusation for the period oi requisition after that date. 
() In respect of the acquisition under ihis Act or the Act 
or the 0rdinance of any requisitioned land, the amount of 
compensation paya ble shall be such sum as would be sufficient 
to purchase at the market rate prevailing on the date of the 
notiee under section 5 a piece of land equal in area to, and 
situated within a distance of three miles from, the acquired 
land, and suitab.le for the same use as that to which the 
acquired land was being put îmmediately before the date of 
ts requisition, or a sum equivalent to twice the market value 
of the cquired land on the date of its requisition, whichever
is less; and such amount shall be determined and paid in 
accordance with the procedure set out in the aforesaid section 
19 and the rules made thereunder. 
(3) For the purposes of sub-section (7) all the provisions 
of the aforesaid section 19 and of the rules made thereunder, 
and for the purposes of sub-section () such of those provisions 
as relate to matters of procedure, shall be deemed to be con- 
tinuing in force. 
7. (1) The State Government may, with a view to carry-Power to 
ing out the purposes ot sections 3 to 6, by order require any obtain in. 
person to furnish to such authority as may be specified in the formation. 
order such information in his possession relating to any requi- 
sitioned land as may be speeified. 
2) Every person required to furnish such informaion as 
is referred to in sub-section (7) shall be deemed to be legally 
bound to do so within the meaning of sections 176 antl 177, 
of the Indian Penal Code. XLV 1860. 
The West Bengai Requisalioned Land 
(Comtinuance of 
Pouers) Acl, 951. 
(West Ben. Act ViiI of 1951. 
(Sections 8-10.) 
Delegntion 
of fune. 
tions. 
8. The State Govervment may, by order notified in tha 
fhcrnl Gazctte, direct that any power conferred or any dty 
imposed on it by this Act shall, in such circumstances and 
nder such condhtions, if any, as may be speriied in the direc- 
1i0n, be exercised or discharged by such oflicer as may be so 
specified 
9. (7) No suit, prosecution or otber legal proceeding 
shall lie against anv person for anything which is in good 
under the faiih done or intended to be done in pursuance of this Act or 
Protection 
of Bction 
aken 
Act. anr order made thereunder. 
2) No suit or other legal proceeding shall lie against the 
State Gorernment for any damage caused or likely 
caused by anything in good faith done or intended to be done 
in pursuance of this Act or any order made thereunderT. 
to be 
Savings 10. On and from the first day of April, 1951, anything 
done or deemed to have been done in exercise of amy power 
conierred br oT under the Act shall be deemed to have been 
done 1n 
exercise of powrers conferred by or under this Act, as 
1 this Act had been in force when such thing was done. 
WECP-61,2.9 A-4,600 

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