State Act

The West Bengal Government Land ( Regulation Of Transfer ) Act, 1993

15. (1) Where a lessee makes any transfer of Government land held by him on lease to any person, not being the State Government or a Government undertaking, in contravetion of the provisions of this Act, the lease shall determine forthwith, notwithstanding anything to the contrary contained in any instrument in this behalf, and the State Government shall re-enter. If the transferee is in possession of the Government land as aforsaid, the State Government may direct the competent authority to use such force as may be necessary to take possession of the Government land after giving the transferee a notice in writing to vacate such land within a period of thirty days from the date of service of the notice: Provided that if the leasee or the transferee makes any application to the competent authority within the period of thirty days as aforesaid giving the reasons for such transfer and the competent authority is satisfied that there is prima facie justification for such transfer, it shall cause such enquiry as it thinks fit and shall decide whether or not the transfer has been made in contravention of the provisions of this Act and shall proceed accordingly. (2) The competent authority shall, while using force to take possession of the Government land under sub-section (1), be deemed to be an Executive Magistrate within the meaning of the Code of Criminal Prodedure, 1973.