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[Cites 0, Cited by 4] [Section 17A] [Entire Act]

State of West Bengal - Subsection

Section 17A(10) in West Bengal Inland Fisheries Act, 1984

(10)
(a)The competent authority may, by a written notice, require any person who, by contravening the provisions of sub-section (1),
(i)puts any water area including embankment or naturally or artificially depressed land holding to any use other than fishery, or
(ii)fills up any water area including embankment or naturally or artificially depressed land holding with a view to converting it into solid land, or
(iii)divides any water area including embankment or naturally or artificially depressed land holding into parts for any purpose other than pisciculture or transfer any part of any such water area including embankment or naturally or artificially depressed land holding as Section divided to any other person, to restore, within such period as may be specified in the notice, such water area including embankment or naturally or artificially depressed land holding, as the case may be, to its original condition at his own expense.
(b)If such person fails to restore such water area including embankment or naturally or artificially depressed land holding to its original condition within the period specified in the notice under clause (a), the competent authority may, by order in writing, take over the management and control of such water area including embankment or naturally or artificially depressed land holding, as the case may be, restore it to its original condition, and recover the entire cost in this behalf or any part thereof from such person [by invoking the provisions of the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913)] [Inserted by Section 8(4) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (West Bengal Act No. 7 of 2008).].
(c)The management and control of such water area including embankment or naturally or artificially depressed land holding as may be taken over by the competent authority under clause (b) may be transferred by the competent authority to any person for proper utilisation of such water area including embankment or naturally or artificially depressed land holding, as the case may be, in such manner as may be prescribed. And, thereupon, the provisions of sub-sections (5), (6), (7) and (8) shall apply to such water area including embankment or naturally or artificially depressed land holding, as the case may be.