61. Penalties for unauthorized occupation of land.
- [Any person who shall unauthorizedly enter upon occupation of any land set apart for any special purpose, or any unoccupied land which has not been alienated, and any person who uses or occupies any such land to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled shall,] [These words were substituted for the words 'Any person who shall unauthorizedly, occupy any land set apart for any special purpose or any unoccupied land which has not been alienated shall' by Bombay 3 of 1921, section 2.]if the land which he unauthorizedly occupies forms part of an assessed survey number, pay the assessment of the entire number for the whole period of his [unauthorized] [This word was inserted, by Bombay 3 of 1921, section 2.] occupation, and if the land so occupied by him has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land [used for] [These words were substituted for the words 'appropriated to' by Bombay 4 of 1913, section 20.] the same purpose; and shall also be liable, at the discretion of the Collector, to a fine not exceeding five rupees, or a sum equal to ten times the amount of assessment payable by him for one year, if such sum be in excess of five rupees, if he has taken up the land for purposes of cultivation, and not exceeding such limit as may be fixed in rules [**] [The words 'or orders' were repealed by Bombay 4 of 1913, section 20.] made in this behalf under section 214, if he has [used it for] [These words were substituted for the words 'appropriate it to', by Bombay 4 of 1913, section 20.] any non-agricultural purpose.The Collector's decision as to the amount of assessment payable for the land unauthorizedly occupied shall be conclusive, and in determining its amount occupation for [a portion] [These words were substituted for the words 'an incomplete portion' by the Amending Act, 1895 (16 of 1895).] of year shall be counted as for a whole year.The person unauthorizedly occupying any such land may be summarily evicted by the collector, and any crop [*] [The words 'he may have' were repealed by Bombay 6 of 1901, section 7.] raised in the land shall be liable to forfeiture, and any building, or other construction, [*] [The words 'he may have' were repealed by Bombay 6 of 1901, section 7.] erected thereon shall also, if not removed by him after such written notice as the Collector may deem reasonable, be liable to forfeiture, [or to summary removal] [These words were added by the first Schedule of the Bombay Repealing and Amending Act, 1919 (Bombay 2 of 1919).].Forfeitures under this section shall be adjudged by the Collector, and any property so forfeited shall be disposed of as the Collector may direct [and the cost of the removal of any encroachment under this section shall be recoverable as an arrear of land revenue] [These words were added by the first Schedule of the Bombay Repealing and Amending Act, 1919 (Bombay 2 of 1919).].
