West Bengal Fisheries (Requisition and Acquisition) Act, 1965 (Act No 20 of 1965)

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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 Fisheries (Requisition and Acquisition) Act, 1965 Act 20 of 1965 Keyword(s): Agricultural Land, Collector, Fishery, Public Purpose E 3 West ~ e n ~ a l Act XX of 1965' W 5 t Ben. A C ~ ipr 1954. THE WEST BENGAL FISHERIES (REQUISITION AND ACQUISITION) ACT, 1965'. An Acr roprovide fortlre reqrlisitio~r andspeedy acq;risi~ioti offislreries for tfre purposes of improvemenr or developnient of strcfr fisheries atld supplying fish t o the public therefrom. WHERUS it is expedient in [he public inleresr 10 provide for Lhc requisition and speedy acquisilion of fisheries for the purposes of improvement or development of such fisheries and supplying fish to [he public therefrom; + It is hereby enacled in h e Sixleenth Year of [he Republic of India, by the Legislature of West Bengal, as follows: 1. ( 1 ) This Act may be calIed Ihe WeslBengalFisheries (Requisition shon rillc and Acquisition) Acl, 1965. and cxlcnt. (2) It extends to the whole of West Bengal. 2. In this Act, unless lherc is anylhing repugnanL in Ihe subject or Definitions. contexg (1) ''agricultural land" means land ordinarily used fqr purposes of agriculture or hor~iculrure, and indudes such land notwithstanding ha t it may belying fallow for the lime being; (2) "Colltxtor" includes any officer not below the rank of a Sub Deputy Collector appointed by iheSia~eGovemment locarry out d l or any of the functions of a CoIlector under this Act; (3) "fishery" means any land whereon walerisconfined naturally or artificially whether periodically orthroughout the year For piscicuIture or for fishing and includes a 'lank fishery' as detined in the Explanofion to clause (e) of sub-scction ( I ) of section 6 of h e West Bengal Eslales Acquisilion 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 imgarion or domastic purposes; (4) "prescribed" means prescribed by rules made under his Act; 'ForSmrementofObj~bnnd R m n s . a n d 1heFinancialMemonndum.aerLhc Calcutro Grazerte, Elr~rnordinory. P;m IV. datcd h c 121h Fcbruq. 1965, pagc 3 W; for p m d i n g s OF thc Wcsr Bcngal Legislative Assembly, see h c proccEdings of [he rncelings of rhal Aswmbly held on h e 6th and 7 h April. 1965. T h e whole Act n m e into lorcc on [he 8th Scprember, 1965, Act lo uverridc orhcr laws, CIC. Powcr lo requisition. Po~\*cr ro acquirc rcquisi~ioncd fishcry ~ n d lands. Tfle West Berlgol Fislreries (Reqrrisition orzd Acqrrisition) A cr, 1965. [West Ben. Act (5) the expression "public purpose" means a purpose having, or , . , . , . . . - . - . , , .- being connected with, any ofthe fotlorvingobjects, narnc1y:- , . . ... (i) lhe improvement or development of u fishery. (ii) supplying fish lo the public from such fishery, or (iii) any olher object which the Stale Govcmment may, by nolificalion in the OJJicial Gazerre, declmc as ancillary or incidental to [he aforesaid objects. 3. The provision of this Act shall have cffect nohvithstanding anything to the contrary contained in any ofier law or i n any contracr express or implied or in any insmment and natwirhslanding any usage or custom to the contrary. 4. (1) If the State Govemrncn~is of the opinion that any fishery wilh or wirhoul the adjoining lands in any area is needed or is likely 10 be needed For n public purpose, the State Govcrnment may, by order in writing, requisition such fishery and all lands within the area and may make such furlher order or orders as appear to it to bc necessary or expedient in connection wirh the requisilioning. (2) A Colleclor, when ouihorised by rhe State Government in [his behalf, may exercise within his jurisdiction [he powers confcrred by sub section (1). (3) An order under sub-section ( 1 ) shall be served in thc prescribed manner on all owners and occupiers ofthe Fishery and the kmds. (4) Ifany person fails to comply with anorder made under sub-seclion ( I ) , the Collector or any person authorised by him in writing in this behalf, shall cxecule rhe order in such manner as he considers expedient and may. (a) if he is a Magiskale, enforce the delivery of possession of the fishery and the lands in respcct of which [he order has bccn made, to himself, or (b) i f he is nor a Magiskate, apply to a Magisurtc, and such Magislnle shall ehforce Ihe delivery of possession of such fishery and lands lo him. 5. (1) TheStateGovernrnenlmay, at any time when any requisitioned fishery with or without any lands continues lo be subject to requisition under section 4, acquirc such Fishery and lands by publishing in the Oficiol Gazctle a nolice lo the cffect that such Governmenr has decided to acquire such fishery and lands in pursuance of this section: Provided lhar before issuing such notice, Ihe Slate Government shall call upon the owner and any other person who may bc interested in such The I e s r Berrgal Fislreries (Requisiriorr arid Acqrrisi~io~i) Acr, 1965. fishery and lands, to show cause within forly-five days why thc fishery and the lands should not beso acquired, and after considering the cause, irany, shown and after giving the parties an opportunity of being heard, ltlz State Government may pass such order as i t deems fit. (2) When a notice as aforesaid is publishcd in the Oficial Gazene, the requisitioned Fishery and the lands, if any, shall, on and from the beginning of theday on which h e noticc is sopublished, vest absolutely in the Slate Government free from all encumbrances and the pcriod o f rcquisition of such fishery and lands shall end. (3) A Collector when authorised by the State Government i n this behalf, may exercise within his jurisdiction the powers conferred by sub seclion (1). 6. (I) Ailer the publication of a notice under sub-section (1) of Noliccto section 5, h e Collector shall cause public notice to be given at convenienl FE2:cd, places on or near the fishery and Ihc lands to be taken slating thal the Slate Government has acquired [he fishery and [he lands, and [hilt claims 10 compensation for al l inlerests in such fishery and lands may be made to him. (2) Such notice shall state h e padiculars of the fishery and [he 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 tirnc and place hcrcin mentioned (such time not being earlier than fifteen days after the dale of publication of the nolicc), and to state the nature of their respective interests in the fishery and thc lands and the amount and particulars of heir claims to compensation forsuch in!erests. TheCollector may in any case require such statemenl lo be madc in writing and signed by the party or his agent. (3) The Collector shalI also serve notice in the manner prcscribcd on theoccupier(ifany) ofsuch fishery and land and on allsuch persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised lo receive service on their behalf, wilhin the revenue district in which the fishcry and the lands are situale. (4) In cueany person so interested resideselsewhere, and has nosuch agent, [he noticeshall be sent to him by r eg i s t e~d post in a letter addressed lo him at his last known residence address or place of busincss. 7. (1) Where any fishery or lands requisitioned under secljon 4 are R,~,,, no^ acquired and arc to be released from requisition, the State Government rrum rcquisition. may, after making such inquiry, if any, as i t considers necessary, specify by order in writing h e person who appears to i t to be entitled to the possession of such fishery or lands. Tlre CYcsr Hetigal Fislrcries (Reqrrisition ar~d Acqrrisiriot~) Act. 1965. [West Bcn. Act (2) The delivery of possession of such fishery or lands 10 he person specified in the order made under su b-seclion (1) shall bc a full discharge of any liabilily of the Stare Government to deliver possession to such person as may have rightful claim lo possession thercof but shall no1 prcjudice any right in respect of such fishery or lands which any olhcr person may be entitled by due proccss of law ro cnforce against the person LO whom possession of the fishery or lands is so delivered. (3) Where rht: pcrson lo whom the possession of any fishery or lands requisilioned under seclion 4 is lo bc delivered cannor be found or is no1 readily rraccable or has no agent or oher person empowered to accepl delivcv on his behalf or such pcrson w his agent refuses to accept such delivery, the Stale Government shall publish in the Oflcial Gazertc a nolicedeclaring ~hntsuch fisheryorlandsrrre releascd from requisition and shall cause n copy lhereoito be affixed on some conspicuous part of such Fishery or lands, as the CLW may be. (4) When a nolicc referred lo in sub-secrion (3) is published in ihe Oficiul Garelre, [he fishcry or thelands specified i n such notice shall cease to be subjccl to requisilion on and from h e dare of such publication and shall bedeerned to have been delivered to hc person entitled 10 possession ~hercol; and the State Government shall no1 bc liable for any cornpensaljon orolher claims in rcspect of such fishery or Iands for any period after [he said date. Compcnsa Ilon. 8. ( I ) Whcneverany fishery or lands ~crequisilionedundersecdon 4 or acquired undcr seclion 5 lhcrc shall be paid in the manner prescribed to every person interested, compensaiion, [he amount of which shall be derer~nined by [he Collector in the prescribed manner in accordance with the principles hereinafler set out. (2) Where any fishery or lands are acquired con~pensation shaIl be payable 31 the rare of three times Ihc net avenge annual incomc from the fishery or [he lands, as thc case may bc. (3) Where any fishery or Imds are requisitioned [here shall be paid lo every person interested co~npcnsalion in respcct of (a) Ihc requisition of such fishery or lands; and (b) any damage done during the period of requisition to such fishery or lands other Lhan w h a ~ may have been sustdned by natural causes. (4j The principles to be follo~ved in detem~ining'com~ensation under sub-seclion (3) shalI be as Follows, namcly : (i) where Ihe Collector and thc person inleresred agree as to h e compensalion, the Collector shall make an award ordering payment or the agreed compensation; (ii) whcre the Collccfor and [hc person inrcrcsted do nor agree as .: ID lhccompensa~ion. or where the person inkrested cannot be traced or dues no1 appear be forc the Collecror when callcd upon to be presenl for the purpose of deicrmin.,tion of compensation, Ihe compensation ro be delemined by !hc Collector shall include the arnou~ll calculaled for the period of requisition of [he fishery or lands at the rate of the net average annual income from such fishery or lands and [he amount which ~ h z Collec~orconsidersneccssary [ocolnpensale the person inleresled lor any damagc referred 10 in clause (b) of sub-section (3) ant1 the Collecror shall makc an award ordering payment of h e cornpensarion so dererrnined. E~plat~alioa-"Net avenge annual incomc" to be de~crmined by thc Colleclor for the purposes of sub-seclions (2) and (4) shall mean (a) in h e cue of agriculrural Imd, one-third of ~ h c average value of the produce derived or derivable from such land during a period of five years immediateIy preceding the date of requisition; (b) in h e case of olher land, h c avenge income, less rwo per cetlt. of such income, derived or derivable thcrcfrom during a period of five years immedjarely preceding the date of requisition; and (c) in the c s c of a fishery, one-third o€ the avenge income from he fishery during aperiodof Five yearsimmedia~ely preceding h e date of requisition. 9. Where there are several persons inrerested in any fishery or lands, Apportion Ihe Collccror shall apportion [he compensauon determined under section :r:'':sa 8 among such persons in accordance with h e naturc and exten1 of interest lion. heId by tach such person. 10. After determination and apportbnmenl of compensalion for Award. any fishery or lands acquired under [his Act. the Colleclor shall m k c an award and naciry the award in such manner as may be prescribed. 11. (1) Any peaon aggrieved by an award OF the Collector under Appeal. seclion 10 may, within forty-five days from [he datc of receipt of notice of he award, appeal (a) if the award is made by any officer olher than lhe Coflector of [he disvict or the Additional District Magistrate. [o the Colleclor of thedisrrict or the Addilional Disuic~ Magis~rale. and Powen or Sta~c Gnwrnnicnr clvcr fishcry and l ~ n 6 rcquisitioncd or acquired. Potvcr ro enrcr upon fishcry, c ~ c . Saving. Exemption rrom swmp duly: Powcrs of Cnun. Tlzc Wesr Bengal Fisheries (Reqrrisirio~~ otld Acquisi~ion) Act, 1965. [West Ben. Act (b) if the award is made by the Collecror or the district, or the 1 ! : Additional Disuicl Magismre, lo h e Commissioner of the Division. (2) No appeal shall lie against an appclIate order passed by the Co!lector of the district, the Additional Disrricl Magisrrate or [he Cornmissioncr of the Division. 12. Subject to the provisions of any rule made in this behalF, on requisition or acquisition of any fishcry and lands under this Acr, the State Government may use or dcal wirh such fishery and lands for such public purpose or anything ancillaq or incidenlal [hereto, as may appear lo it to - . be expedienl. 13. Thc Slalc Govemmenr may, wilh a view ro requisirioning any fishcry or land or for Ihe purpose of determination by the Collector of h e amount of compensation payable under this Act, by order, (a) require any person lo furnish to such authori~y ;LG may be specified in [he order such informalion in his possession relating to the property as may be specified; (b) authorise any person to perform in respect of any fishery or land all or any of thc functions rcrcrrcd ro in sub-secrion (2) or section 4 of the Land Acquisilion Acl, 1894. IoT1894, i 14. If any persDn contravenes any order made under this Act he shall be punishable wi t11 imprisonment for a term which may extend to one year or with Lne which may extend lo two thousand rupees or with both. IS. Savc as orhcnvise expressly provided in this Acr, no decision or order made i n exercise of any power conferred by or under his Acr shall be called in quesrion in any Coun. , , 16. No award or ogrccmcnt made under this Act shall be chargeable with stamp duly, and no person claiming under any such award or agreemenr shall be liable to pay m y Tee for a copy [hereof. 17. The Collecror or [he Commissioner may, Tor the purpose of canying out any of his functions undcr this Acl, cxcrcise such powers as are vestcd in a Civil Court in rcspccr or (a) the summoning and enforcing the atrendance of any person and examining him on with; (b) compelling rhe production of documents; (c) issuing commissions for the examination of witnesses; and The West Betrgal Fisfreri~s (Rrr/icisitio)~ a~rd Acqrrisition) Acr, 1965. (d) inspecting any properly or thing concerning which any question may arise. 18. The StateGovernmenr may, by notificalionin ihe Oficial Gazetfe, . Dclcgarion delegate any of its powers under this Act, except the power to makc rules ~ f C ~ ~ ~ ~ ' O r undcr scction 20, to the Board of Revenue, subject 10 such reservations, i i Govcrnrnenr. any, may be spcciiicd in the notification. 19. No suit, proseculion orolher legal pprcedings shall lie agains~ any hdernnily, person for anything which is in good faith done or inlended 10 bc done in pursuance of ihis Act or any rules made thereunder. 20. (1) The State Government may make mles for carrying out [he POWCC 10 purposes of this Act. ninkc rulcs. (2) In particular, and wilhoul prejudice lo the generality of the foregoing power, such rules may provide for (a) the fees, if any, payable for pelilion of appeal under scction 11 and the procedure to.be followed in such appeal; 0) a11 or any of [he mailers which, undcr any provision of this Act, may be or are required lo be prescribed or provided for by rules.