West Bengal Agricultural Lands and Fisheries (Acquisition and Resettlement) Act, 1958 (No. 18 of 1958)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The West Bengal Agricultural Lands and Fisheries (Acquisition and Resettlement) Act, 1958 Act 18 of 1958 Keyword(s): Collector, Fishery, Agricultural Land, Notified Area West Bengal Act XVII1 of 1958' THE WEST BENGAL AGRICULTURAL LANDS AND FISHERIES (ACQUISITION AND RESETTLEMENT) ACT, 1958. ;4e Acr 10 provide for rhe ncqrrisitio?~ of agricrrlttrral lat~ds arldpsI1eries orrd resettlerrrerrt of agricrllrrrral land5 for cemitr prrrposes. WHEREAS i~ is expedicnl in the public interest to providc Tor the prorccrion of agnculrural lands, he cuttivaiion or production whereof is injuriously afrcctcd by fisheries and for that purposc to provide for thc acquisirion of such lands and iishcrics and for thc rcse~tlement of such lands for agricullural purposes; It is hcrcby cnacted in [he Ninth Year of rhc Rcpublic of India, by rhc Legislarurc oClVesr Bengal, as follows: 1. (1) This Act may 62 callcd the West Bcngal Agricullural Lands stwn r i ~ l c , and Fisheries (Acquisirion and ReseuIcmenl) Acl, 1958. enren! and c o m m m (2) It exrends to the whole of West BengaL nrnl . I I (3) IL shalt come inlo forcc nt once. ! I 2. In his Act unless thcre is anylhing rcpugnanl in thc subject or kl inir iom. ! conlexr, (I) "Collec~or" includes any officer not below the rank of a . 1 Subdivisional Magiskale appoin[cd by the Slare Govcmment ! lo carry out a11 or any of the funclions of a Collccrar under this Act; (2) "fishery" mcans any land whcreon waler is confined naturally or artificially whethcr pcriodically or throughout the year for pisciculture or for fishing: (3) "agriculrural land" mcans land ordinarily uscd for purposes of agricullure or horticulture, and includes such land notwjths~anding thai it may be lying fallow for [he rimc being; (4) "notified area" mcans any area in rcspect of which a noufication has been issued under section 4; (5) "prescribed" mcans prescrjbcd by rules made undcr this Act. 3. The provisions of this Act shall havc effect notwirhsranding ACI~O anyrhing lo the conwary conWned i n any other law or i n any conuvcr ~ ~ ~ ~ ~ w s , express or implied or in any instrument and notwithsmnding any usage ,I, or custom to thc conlrary. 'Far Slnlcmcnt oTObjccis and Rcasons. see the Cnlcrttta Carer~c. Ertmordinuq: of rhc 261h lunc , 1958, Pan IVA, pagc 2358; for procexdings o f thc lest Bengd Legislatiw Asstmbly. see the proceedings of rhe malings or that Assembly held on h e 15th. 16th and 171h July. 1958;md lorpmaxdingoilhcUr~ Bcn@alLrgisl~iveCouncil.~cc Lhcpmcocdings oilhc iceli ling of theCaunci1 held on Ihc 6h Auysl. 1958. H h n g o f ohjccrions. Acquisition and duIivery of ion. T11e Wesr Berkgal Agrfc~~ltidraI Lor~ds alzd Fisheries (Acqrrisiriolr arld Reserrlen~c~~rJ Acr, 1958. 4. Whenever it appears to the State Government that the cultivarion or production of agricuilural lands in any area is affected or is likely to bc affected injuriously by the cstablishmcnl or existence of any fishery in such area or by exrension of such fishery by the inclusion of adjoining lands therein or i n any orher manner, the Stale Governmen[ may, by nolification in thc OfJiciul Goifette, dcclare its intenlion t'o acquire such fishery and all Iands wirhio the area and the Collec~or shall cause public notice of the subslance of such norification LO be given a[ convenient places in the notified atca in such manner as may bc prcscri bed. I [West Ben. Act . . . .. , , . . , . . . . . 5. ( 1 ) Any pcrson inlcrcsted in any fishcry or land within rhe no~ified arca may, within thirty days from [he date of issue of [he nolificalion undcr secrion 4, file an applicarion beforc the Collector objecting to the acquisiuon of such fishery or Innd. (2) Thc Collector shall, aitcr giving all objcctors opponunity or being heard and making such inquiry. if any, as he thinks necessary, su bmii to the Srate Govcrnmenl a rcpon conlaining his rccommendalions [ogether wilh the record of the proceedings held by him. 6. ( 1 ) If, on n consideration of the repon of the Collccror and of h e record or proceedings held by him, the Stale Government is sarisfied [hat ~ h c cultivation or production of agricuhur~l lands in the nolificd area is affected or is likely to bcaffected injuriousIy by the establishment or cxistence of any fishcry in such area or by extension of such fishery by thc inclusion of adjoining lands [herein or in any other manner and that it is necessary so lo do for the purpose of proiecting che lands, h e Slate Govcrnrnent may. by order published jn the Oficial G a ~ e ~ ! r , , acquire the fishcry and thc lands in the naificd area or such par1 lhcrcof as i r th inks fjt. (2) On and from the beginning o l the day on which [he order is so published, thc fishery and the lands mentioned lhcrein shall vcst absolurely in thc State free from all incumbrances and the Collector shalI rake possession of such fishery and lands and shall, for thal putpose, cause an ordzr to be served on [hc persons in possession of such fishcry and lands requiring thcm to delivcr possession thereof to him by such dale as may be spcci fied in thc order. (3) If any pcrson fails or refuses to comply with the ordcr under sub-secrion (2), the Collector may take or cause to bc taken such steps and use or cause lo bc used such force as he Kinks necessary to enforce rhc delivcry o i possession to him of ihc fishery and lands in respect of ..,h;,L r h n n,,ln- . - . - - - - 7 The We51 Bet~gal Agrictrlttrral Larrds ar~d Fislteries (Acqwisitiotl mld Reseltlemenr) Acr. 1958. (4) If any person coneavenes any order made under this Act he shall bc punishable with imprisonment for a [ e m which may cxrend 10 onc year, or with fine which may extend to two thousand ntpccs, or wirh both. (5) On taking delivery or possession oi thc fishery and the lands acquired, the Collcctor shall, in such manner as may bc prescribed, cause public notice to be given at convenienl places on or near the fishery and the lands acquired skiling lhat the State Government has acquired thc Fishery and the lands and inviling claims to compcnsadon from persons intcrcslcd. 7. (1) Whenever any fishery and lands are acquired under ctmpcn seclion 6 there shaIl be paid in thc manner prcscribcd to cvcry pcrson muon . inrcrested, compensation, thc amounr of which shall bc dcicrrnincd by thc Collector in ~hc.manncr and in accordancc wilh lhc principles hereinafrer sel out: Provided that where any such Lshery or land is rcsculcd under section 1 1 wilh any person, the compensation, if any, payable for it to such person shall bc sct off against rhc considcrauon which may be otherwise payable by such person for such resetdemenl. (2) Compensalion payable under sub-secrion ( 1 ) shall be determined by [hc Collcctor according to thc rollowing principles: (a) for agricul~ural or other lands (i) for rhc first five hundrcd . . ten rimes such incomc; rupees of the net avenge annual income (ii) for lhc ncxt fivc hundrcd . . cighl tirncs such incomc: rupees of the net average annnual income (iii) for the nexl five hudred . . Four rimes such income; rupees of the net avenge annual incomc (iv) for the balance of the net . . two limes such income: averagc annual income (b) for a fishery (i) for the fin[ five . . hree limes such income; thousand rupees of the net avenge annual income (ii) for thc balancc of the net . . lwo limes such income. average annual income Explanation.-Net average annual income shall mean (a) in the case of agricul~ural land, one-third of [he avepge value of the producc derived or derivable from such land during a pcriod of five years irnrncdialcIy prcccding Lhc dale of vesung; (b) in the casc of other land, [he average income, less two per cent. of such incomc, derived or derivable therefrom during a period of five ycars immediarely preceding the date of ~.nri;nn. ~ n r l Disposal or fishery and lands afrcr n~cluisilion. Disp0.d of surplus lands. [\Vest Ben. Act (Secrions 8-12.) . .. . . , . , .. .. . . . , (c) in the case of a fishery. onc-third of [he avcragc incomc , . , . ... , , rram rhc fishery during a pcriod of five years immediately prcccding [he dale of vesling. 8. Where therc nrc several persons inlcrcslcd in any fishcry or land. [he Collector shall apporlion he compcr)sation dererrnined undcr section 7 among such persons in accordance will1 the narurc and cxlenr of invrcst held by each such person. 9. Arrcr dcrermination and pppor~ionmcnt of compensation ror any fishery Or land acquircd under his Acr, the Colleclor st)all makc an award and nolify the award in such manner as may be pr~scribcd. 10. (1) Any person aggncvcd by an award of thc Collcc~or under seclion 9 may. within thirly day horn [he dale or rcccipl of nolicc of the award, appcal (a) if the award is rnadc by any ofliccr othcr than the Collcc~or of thc dislricl, to [he Collcctor of thc dislrict. and (b) if rhe award is made by the Collcctor of [lie diskict, to the Commissioner of thc Division. (2) No nppcal shall lie against an appcllatc order passcd by [he Collector of thc dislric~ or the Commissioner of [he Division. 11. On acquisition of [he fishery and lands under this ACI [he Starc Governmenl may lake such aclion as i l may think Tit for rhc rcclmalion or prorcc~ion of lands affected or likely to bc affccted by [he fishery and may thereaher rescrtlc the lands For cultivalion on payment or such consideration as may be determincd by the S m c Governmcn~ so, however, that such consideration shall not exceed rhe cornpcnsation payable for such land under secrion 7: Provided that any such land as was previously culrivated and is l i t for cullivalion shall bc rcsctrled with rhe person who last cul~ivatcd i r , or, if such person is nor agreeable 10 takc reseltlenienl of the land or cannot be traced. with any other pcrson, on the terms and condirions on which the samc was previously hcld by die person who last cultivated it. 12. Thc Srarc Govcrnmtnl may deal with the fishery and any land remaining alier rese~lcmcnl referred l o in scclion 11 in such manner as - - * hn n~nc~ - ;hnr l Tfte West Bellgal Agric~iltrrrai Lnrrds and Fkl~eries (Acqt~isitiot~ and Reseitlerrre~zr) Acr, 1958. 13. Thc Collector or the Commissioner may, for [he purpose of POWCE or out any of his functions under this Act, excicisc such powcrs as COU" arc vcsred in a Civil Court in rcspecl of (a) the summoning and enforcing the atlendancc o i any pcrsan and examining him on oath; (b) compelling [he producuon of documents; (c) issuing commissions for the examination of wi~nesses: and (d) inspecting any propcrry or thing concerning which noy question may arisc. 14. Thc State Government may, by notirication i n the Oflicial klcgarion Guzetfe, dclcgale' any of ils powers under h i s Acl, cxcepl the power 10 O~P'''CEO~ the Srate makc rules under section 16, lo [he Board of Revenue, subject lo such ~,,,,,t, rcscrvalio$s, if any, as may be specified in thc notification. 15. No sui l , prosecution or other IzgaI proceedings shall lie hdcnmir~. against any pcrson lor anything which is i n good faith donc or intcnded l o be done i n pursuance o f this Act or any rulcs madc thcrcunder. 16. ( 1 ) The Srare Govcmrnen~ may make ?rules for carrying out thc Powcrlo n~ake rulcs. purposes OF this Acr. (2) In particular, and without prejudice to thc generality of he foregoing power such ruIes may provide for (a) the fees, if any, payablc for petitions of appeal under section 10 and the proccdure to be followed in such appeal, (b) all or any of [he mailers which, under any provision of lhis Act, may be or are required to bc prcscribcd or provided for by rulcs. 'For nolification delegating to he Board of Rcvcnur. \Vest Bengal. rhe powers conferred Dn #he Statc Govzrnrnrnt by ss. 1 1 and I?, of thc ACI. see nafi f ica~ion No. 19 I L L . Ref.. dared thc 77th January. 1959, published in the Calcl~ffn Guzefte of 1959. PanI, page618. 'For thc Wcsl Bcngal Agriculluml h d s and Esherim (Acquisition and Srlrlcmen~) Rulcs. 1958. Jee nofificarion No. 19742-L. Rcl.. d ~ t c d 29th S c p t c ~ l i b ~ t . 1958. nl4hl;chrrl in rkr r r r l r r r r r n Cn-rrrr F r ~ r n n r , l ; ~ , l ~ . mr I O<P P-n I nln.-r < I M.< I I .I