SINGUR LAND REHABILITATION AND DEVELOPMENT
ACT, 2011 THE SINGUR LAND
REHABILITATION AND DEVELOPMENT ACT, 2011 [ Act No. IV of 2011] [ 20th June, 2011] An Act to provide for
taking over of the land covered by the lease granted to Tata Motors Limited for
the sole purpose of Small Car Manufacturing project and letters of allotment
issued to the Vendors as recommended by Tata Motors Limited in view of
non-commissioning and abandoning Small Car Project and ancillary factories with
a view to returning such portion of the land to the unwilling owners thereof,
who have not accepted compensation and to utilize the balance portion in public
interest and for the benefit of the State. Whereas
it is expedient to provide for taking over of the land covered by the lease
granted to Tata Motors Limited for the sole purpose of Small Car Manufacturing
project and letters of allotment issued to the Vendors as recommended by Tata
Motors Limited in view of non-commissioning and abandoning Small Car Project
and ancillary factories with a view to returning such portion of the land to
the unwilling owners thereof, who have not accepted compensation and to utilize
the balance portion in public interest and for the benefit of the State; It
is hereby enacted in the Sixty-second Year of the Republic of India, by the
Legislature of West Bengal, as follows:-- (1) This Act may be called the Singur Land
Rehabilitation and Development Act, 2011. (2) It shall come into force on the date of its
notification in the Official Gazette. In
this Act, unless the context otherwise requires, -- (a) "appointed day" means date of
notification of this Act in the Official Gazette; (b) "land" means lands leased out by West
Bengal Industrial Development Corporation Limited to the Tata Motors Limited
and also allotted to the vendors, on the basis of the recommendation of Tata
Motors Limited and the land held by WBIDC; (c) "Schedule" means the Schedule appended to
this Act; (d) "State Government" means the State
Government of West Bengal; (e) "vendor" means allottee of the plot of
land, none of whom has obtained any deed of lease in terms of their respective
letters of allotment; (f) "WBIDC" means the West Bengal Industrial
Development Corporation Limited. On
the appointed date, the land and all right, title or interest in respect of and
in relation thereto shall by virtue of this Act stand transferred to and vest
in the State Government free of any lease or allotment. (1) The land referred to in section 3 shall deem to
include all assets, rights, leaseholds, powers, authorities, privileges and all
properties movable and immovable including the land and structures, if any,
standing thereon and possession, power or control of the land and right or
whatsoever nature relating thereto and shall all vest in the State Government. (2) The land as referred to in sub-section (1), which
have vested in the State Government under section 3 hereto, shall by virtue of
such vesting be freed and discharged from any lease, trust, obligation,
mortgage, charge, lien and any other encumbrances being affecting it and
any attachment, injunction or decree or order of any Court or any other
authority restricting user of such property in any manner, shall be deemed to
have been withdrawn. (3) The Tata Motors Limited and all vendors shall
forthwith restore vacant possession of the land kept their possession in favour
of District Magistrate, Hooghly. If any vendor or the Tata Motors Limited fails
to restore possession of the land or any portion thereof immediately, the
District Magistrate or any officer authorised by him on this behalf shall be
entitled to take steps and use such force as may be necessary to take
possession of the land and to enter upon such land for the aforesaid purpose. (1) For the transfer to and vesting in the State
Government the land under section 3 and right, title and interest in relation
thereto, the amounts of premium paid respectively by the vendors shall be
refunded after deducting the amount of arrears of rent left unpaid by them upon
an application being made by them respectively mentioning the amount of premium
paid and rent kept in arrear. (2) For the transfer to and vesting of the land leased
to the Tata Motors Limited, the amount of compensation would be adjudged and
determined by the District Judge, Hooghly on an application being made by the
Tata Motors Limited in due compliance with the principles of natural justice
and by reasoned order. (3) The amount so determined in accordance with the
provisions hereto, shall carry simple interest at the rate of six per centum
per annum from the period commencing on the date of application made by the
claimant and ending on the date of tender of the amount as may be, determined
and payable by the State Government. The
State Government shall return equivalent quantum of land to unwilling owners,
who have not accepted the compensation from the land described in Part 1 and
Part II to the Schedule and. the rest of the land shall be utilized by. the
Government for socio-economic development, employment generation, industry and
for other public purpose of the State. The
State Government may, by notification in the Official Gazette, add to or amend
the Schedule: Provided
that the notification made under this section shall, as soon as after it has
been made, be laid before the West Bengal Legislative Assembly. The
provisions of this Act shall have effect notwithstanding anything inconsistent
herewith contained in any Deed of Lease or letter of Allotment or grant or any
other instrument having effected by virtue of any law other than this Act or
any decree of Tribunal or authority. (1) The State Government may make rules for carrying
out the purposes of this Act. (2) Every rule made under sub-section (1) shall, as
soon as may be after it is made, be laid before the State Legislature.
Preamble - THE SINGUR LAND
REHABILITATION AND DEVELOPMENT ACT, 2011PREAMBLE