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State of West Bengal - Section

Section 10 in The West Bengal Premises Requisition And Control (Temporary Provisions) Act, 1947

10. [ Release from requisition. [[Section 10 substituted by W.B. Act 7 of 1954, which was earlier as under :-

'10. Release from requisition. - (1) Where any premises requisitioned under this Act are no longer required for any public purpose, the Collector shall, after making such inquiry as he may consider necessary, by order in writing specify the person to whom possession of the premises shall be given.
(2)The delivery of possession of the premises to the person specified in an order under sub-section (1) shall be a full discharge of any liability of the Provincial Government to deliver possession to such person as may have a rightful claim to possession thereof, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession is given.'.]]
(1)Where any premises are to be released from requisition made under this Act, the State Government shall, after such inquiry as it deems necessary to make or to cause to be made, specify by order in writing the person to whom delivery of possession of the premises shall be made:[Provided that where the public purposes for which any requisitioned premises were being used cease to exist, the State Government shall release the premises, as soon as may be, from requisition.] [Words, letters and brackets inserted by W.B. Act 4 of 1949.]
(2)The delivery of possession of such premises to the person specified in the order made under sub-section (1) shall be a full discharge of the State Government from all liability of the State Government for any claim for compensation or other claim in respect of such premises for any period after the date of delivery but shall not prejudice any right in respect of such premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(3)Where the person specified in the order made under sub-section (1) cannot be found or is not readily traceable or has no agent or other person empowered to accept delivery on his behalf [or fails to accept delivery on the date fixed by the Collector by a written notice for making delivery] [Words inserted by W.B. Act 10 of 1966.], the State Government shall publish in the Official Gazette a notice declaring that such premises are released from requisition and shall cause a copy thereof to be affixed on some conspicuous part of such premises.
(4)When a notice referred to in sub-section (3) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person specified in the order made under sub-section (1); and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.] [Words, figures and brackets substituted for the words 'the Collector may, by notice served in the prescribed manner, order such person or any other person found in occupation of the premises to vacate the premises within fourteen days of the receipt of the notice' by W.B. Act 7 of 1954.]