The Rehabilitation Of Displaced Persons And Eviction Of Persons In Unauthorised Occupation Of Land ( Continuance Of Provisions ) Act, 1964

English — official source version

1964-9.pdf.txt

GOVERNMENT OF WEST BENGAL 

LEGISLATIVE DEPARTMENT 

West Bengal Act IX of 1964 

West Ben. 
Aot XVI 
of 1981. 

THE REHABILITATION OF DISPLACED PERSONS 
AND EVICTION OF PERSONS IN UNAUTHORISED 
OCCUPATION OF LAND (CONTINUANCE OF 
PROVISIONS) ACT, 1964. 

[Passed by the West Bengal Legislature.] 

[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 2tth August, 1984.) 

[24th August, 1964.] 

.1. Act to provide for the continuance in force of the 
Rehabilitation of Displaced Persons and Eviction of 
i'ersons in Unauthorised Occupation of Land Act, 
1951, to the extent and for the purposes hereinafter 
appearing. 

WHEREAS it is expedient that the Rehabilitation of Dis-
placed Persons and Eviction of Persons in Unauthorised 
Occupation of Load Act, 1951, should be continued in force 
to the extent and for the purposes hereinafter appearing; 

It is hereby enacted in the Fifteenth Year of the 
Republic of India, by the Legislature of West Bengal, 
as follows:- 

1. (1) This Act may be called the Rehabilitation of 
Displaced Persons and Eviction of Persons in Unauthorised 
Occupation of Land (Continuance of Provisions) Act, 1964. 

(2) It extends to the whole of West Bengal. 
(3) It shall be deemed to have come into force immediately 

on the expiry of the Rehabilitation of Displaced Persons 
and Eviction of Persons in Unauthorised Occupation of 
bind Act, 1951 (hereinafter referred to as the said Act). 

2. Notwithstanding the expiry of the said Act,— 	sayings. 
(I) any proceeding pending on the 31st day of March, 

1964 in which an order of eviction was passed by a 
Competent Authority under sub-section (3) of 
section 3 of the said Act against a person in. 
unauthorised occupation of any land,— 

(i) who was not a displaced person within the meaning 
of the said Act, or 

(ii) who, being a displaced perscal within the meaning 
of the said Act,— 
was provided with other land or a land-purchase 

loan and also a house on such other land or a 
house-building loan under sub-section (1) of 
sectioft 4 of the said Act, or 

(a) 

Mort title, 
ntent and 
ennui:wino& 
nient. 

Pricer-rindian, 12 P; English 3 d. 



2 	The Relsabilttation of Displaced Persons and Eviction of 
Persons in Unauthorised Occupation of Land (Conti-
nuance of Provisions) Act, 1964. 

[West Ben. Act 

(Section 2.) 

(h) having not been similarly provided, was permitted 
to use and occupy the land on payment of 
consideration assessed by the Competent 
Authority under sub-section 1) of section 4 of 
the said Act, but, who made default in payment 
of such consideration, 

may be continued, subject to the remaining provi-
sions of this section, as if the said Act had not 
expired and had remained in force even after the 
31st day of March, 1964; 

(2) all such proceedings referred to in clause (1) shall 
stand transferred,— 

i) in the case where the proceeding relates to land 
situated within the local limits for the time 
being of the Ordinary Original Civil Jurisdic-
tion of the High Court, to the Court of the 
Chief Judge, City Civil Court, and 

(H) in any other case, to the Civil Court of the 
lowest grade within the local limits of the 
jurisdiction of which the land to which the 
proceeding relates is situated : 

• Provided that the Chief .1 udge, City Civil Court, may 
transfer any proceeding to any other Judge of the 
City Civil Court and the District Judge of the 
district in which the land is situated may transfer 
any proceeding from one Court to any other Court 
subordinate to him, for disposal; 

(3) 1h( proceedings transferred under clause (2) shall be 
deemed to be proceedings in execution and orders 
passed therein by the Competent Authorities includ-
ing. orders for payment of compensation or consi-
deration shall be executable as decrees of the Civil 
Court and all the provisions of the Code of Civil 

kot 5 of 	 Procedure, 1908, relating to execution of decrees 
1V08. 	 shall apply to them ; 

(4) any sum of money deposited in favour of a Competent 
Authority under the provisions of the said Act as. 
compensation, consideration, premium or rent and 
not withdrawn on or before the 31st day of March, 
1964 shall stand transferred to and be disbursed 
by,— 

(i) where the deposit was made in favour of the 
Competent Authority for Calcutta, the Chief 
Judge, City Civil Court, and 

00 elsewhere, the District Judge of the district having 
Jurisdiction over the area in which the land in 
relation to whioh the deposit was made is 

situated. 



West Ben. 
Ord. III of 
19134. 

The.. Rehabilitation of Displaced Persons and Eviction of 
Persons in Unauthorised Occupation of Land (Cont4-
nuance of Provisions) Act, 1964. 

IX of 1964.1 

(Sections 3--7.) 

Explanation.—In this section any reference to an order 
passed by a Competent Authority includes the order 
passed in appeal in relation to the same under sec-
tion 6 of the said Act. 

3. In. computing the period of limitation for the institu-
tion of a suit for eviction of a person in unauthorised occu-
pation of any land, the period during which an application 
for such eviction made under section 3 of the said Act 
before a Competent Authority was pending shall be excluded. 

4. If any difficulty arises in giving effect to the provi-
sions of this Act, the State Government may take such 
steps or issue such orders not inconsistent with this Act as 
may be necessary for the removal of the difficulty. 

5. No suit or other legal proceedings shall lie against 
the State Government or any servant or officer of the State 
Government for anything which is in good faith done or 
intended to be done in pursuance of the provisions of this 
Act. 

6. The State Government may make rules for carrying 
out the purposes of this Act. 

7. (1) The Rehabilitation of Displaced Persons and 
Eviction of Persons in Unauthorised Occupation of Land 
(Continuance of Provisions) Ordinance, 1964, is hereby 
repealed. 

(2) Anything done or any action taken under the Re-
habilitation of Displaced Persons and Eviction of Persons in 
Unauthorised Occupation of Land (Continuance of Provi-
sions) Ordinance, 1964, shall be deemed to have been validly 
dune or taken under the corresponding provision of this Act. 

Sevin* of 
haltation. 

Removal of 
diffloulties. 

Indemnity. 

Power to 
make rules. 

Repeal sod 
savings. 

1VROP-84/5-41574 A.331 


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