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State of West Bengal - Section

Section 3 in The West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947

3. Power to requisition.

(1)Whenever it appears to the [State] [Words substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government that any premises in any locality are needed or are likely to be needed for any public purpose, it may, by order in writing, requisition such premises [either with or without any or all of the furniture, if any, in such premises] [Words inserted by W.B. Act 4 of 1949.];Provided that no premises exclusively used for the purpose of religious worship shall be requisitioned under this section.
(2)[ An order under sub-section (1) shall be served in such manner as may be prescribed on the landlord, and where it relates to premises let out to a tenant, also on such tenant;] [[Sub-section (2) substituted by W.B. Act 4 of 1949, which was earlier as under :-'(2) An order under sub-section (1) shall be served on the landlord, and where it relates to premises in occupation of tenant also on such tenant in such manner as may be prescribed.'.]]
(3)The [State] [Words substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, with a view to requisitioning any premises under sub-section (1), by order, -
(a)require any person to furnish to such authority as may be specified in the order, such information in his possession relating to the premises as may be so specified;
(b)[ direct that until the expiry of such period not exceeding three months as may be specified in the order, the landlord, the tenant or any other person in occupation of the premises shall not let out the premises without the permission of the State Government or such other authority as may be specified in the order.] [[Clause (b) substituted by W.B. Act 7 of 1954, which was earlier as under :-
'(b) direct that the landlord, tenant or any other person in occupation of the premises shall not without the permission of the Provincial Government dispose of or structurally alter the premises.'.]]
(4)An order passed under sub-section (1) shall be final and whenever such order has been passed, the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall direct the Collector to take such further action as is necessary in connection with the requisitioning of the premises in accordance with the provisions of this Act [and to take possession of the premises requisitioned] [Words inserted by W.B. Act 4 of 1949.].
(5)Without prejudice to any other powers conferred by this Act, the Collector may authorise any person to enter and inspect any premises between sunrise and sunset for the purpose of determining whether, and if so in what manner, an order under this section should be made in relation to any premises or with a view to securing compliance with any order made under this Act.
(6)In connection with any inquiry under this Act the Collector may by written order require any person to produce for his inspection any documents relevant to the inquiry at such time and place, as may be specified in the order, and enforce the attendance of witnesses or compel the production of documents by the same means, and so far as may be, in the same manner as is provided in the case of a court by the Code of Civil Procedure, 1908.