WEST BENGAL ESTATES ACQUISITION ACT, 1953
(1) This Act may be called the West Bengal Estates Acquisition Act, 1953.
(2) It extends to the whole of West Bengal except the areas described in Schedule I of the Calcutta Municipal Act. 1951, as deemed to have been amended under section 594 of that Act.
In this Act unless there is anything repugnant in the subject or context,
(a) "agricultural year" means the Bengali year Commencing on the first day of Baisakh;
(b) "agricultural land" means land ordinarily used for purposes of agriculture or horticulture and includes such land, notwithstanding that it may be lying fallow for the time being;
(c) "charitable purpose" includes the relief of the poor, medical relief or the advancement of education or of any other object of general public utility;
(d) "Collector" means the Collector of a district or any other officer appointed by the State Government to discharge
The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary :
77. Chapter VIII containing sees. 60 and 61 ins. by W.B. Act 40 of 1963. Provided that nothing in this Act shall apply to any land held by a Corporation, not being a local authority or a Company, established by or under any law for the time being in force :
7a7a. Provisos ins. by W. B. Act 17 of 1960. Provided further that nothing in this Act shall affect any land possession of which was taken by the State Government 88. Clauses (iv) and (v) ins. by W.B. Act 14 of 1966. [before the date mentioned in the notification issued under section 4,] in furtherance of any pr
(1)The State Government may from time to time by notification declare that with effect from the date mentioned in the notification, all estates and the rights of every intermediary in each such estate situated in any district or part of a district specified in the notification, shall vest in the State free from all incumbrances.
(2) The date mentioned in every such notification shall be the commencement of an agricultural year, and the notifications shall be issued so as to ensure that the whole area to which this Act extends, vests in the State on or before the 1st day of Baisakh of the Bengali year 1362.
(3) Every such notification shall be published in the first instance, in at least two issues of each of two newspapers (one of which must be
1010. Sub-sec. (1) first subs, by W.B. Act 9 of 1961 and thereafter the present sub-sec. (1) subs, by W.B. Act 19 of 1961. Previous sub-sec. (1) was as under : "(1) As soon as may be after the date of final publication of a Compensation Assessment Roll under section 21, the Compensation Officer shall, in the prescirbed manner, make an offer of payment of the compensation to the intermediary who is entitled to such compensation in terms of the Compensation Assessment Roll together with interest at the rate of three per centum per annum of such compensation accruing from the date of vesting to the date of the offer of payment under this subsection : Provided that such payment shall be without prejudice to the right of the intermediary to file an appeal under section 20.". (1) Effect of notification. Upon the due publication of a notification under section 4, on and from the date of vesting
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2020. Words subs, for the words "such annuity shall be payable in bonds. Such bonds shall be deposited with the Collector of the district and such Collector shall make the annual payament in respect of such bonds" by W.B. Act 22 of 1964.
(1) The State Government may after the date of vesting enquire into any case of transfer of any land by an intermediary made between the 5th day of May, 1953'and the date 'of vesting, if in its opinion there are prima facie reasons for believing that such transfer was not bona fide.
(2) If after such enquiry the State Government finds that such transfer was not bona fide, it shall make an order to that effect and thereupon the transfer shall stand cancelled as from the date on which it was made or purported to have been made:
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(1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provisions of that sub-section, be entitled to retain with effect from the date of vesting
(a) land comprised in homesteads;
(b) land comprised in or appertaining to buildings and structures 2424. Words "Hindu widow or other" om. by W.B. Act 22 of 1964. [owned by the intermediary or by any person, not being a tenant, holding under him by leave or license];
2525. Words subs, for the words and figures "Notwithstanding anything contained elsewhere in this Act or in any Compensation Assessment Roll as finally published under section 21 but subject always to the provisions of Chapt
4747. Words subs, for the words "Mining Expert" by W.B. Act 9 of 1961.
(1) All arrears of land revenue, cesses, taxes and other impositions by the State relating to any period prior to the date of vesting lawfully recoverable from any intermediary in respect of 4848. Words subs, for the words "such probable gross income" by W.B. Act 9 of 1961. [his share in] any estate which vests in the State under section 5 shall, after the date of vesting, continue to be recoverable from such intermediary, and shall, without prejudice to any other mode of recovery, be recoverable under an order of a Collector by deduction of the amount of such arrears from the money 4949. Sub-sec. (2) ins. by W.B. Act 4 of 1957. [which such intermediary is entitled to receive as compensation] under this Act :
5050. Word
All arrears of rent and cesses 5151. Figures subs, for the figures "15,". by W.B. Act 17 of 1960. [together with interest thereon and other amounts lawfully recoverable by] any intermediary on the date of vesting from any person, in respect of any interest of such intermediary which vests under section 5, and all sums due from such person in respect of any decree for arrears of rent in respect of such interest, whether having the effect of a rent-decree or money-decree and whether obtained before or after the date of vesting, and the execution of which is not barred by limitation, shall continue to be recoverable by such intermediary 5252. Figures and letter ins. by W.B. Act 19 of 1961. * * *:
5353. Figures ins. by W.B. Act 4 of 1957. Provided that if such person be himself an intermediary, the recovery of such arrears from the compensation payable to him shall be subject to the p
Figures and brackets "20(1)," om. by W.B. Act 4 of 1957. (1) An intermediary may 5656. Figures ins. by W.B. Act 19 of 1961. * * * apply to the State Government for recovery by the State Government of all sums recoverable by him under the provisions of section 8.
(2) The State Government may grant or refuse such application as it thinks fit 5757. Sub-sec. (4) subs, by W.B. Act 4 of 1957. Original sub-sec. (4) was as under : "(4) Where any proceedings in respect of the preparation of record-of- rights have been commenced under Chapter X of the Bengal Tenancy Act. 1885, before this Act comes into force and such record-of-rights has not been finally published before such date, any further proceedings required for the completion and final publication of such record-of-rights shall be undertaken in accordance with such rules as may be prescr
(1) Upon the publication of any notification under section 4, the Collector shall take charge of estates and interests of intermediaries which vest in the State under section 5.
(2) For the purpose as aforesaid, the Collector may, by a written order served in the prescribed manner, require any intermediary or any person in possession (khas or symbolical) of any such estate or of any such interest, to give up such possession by a date to be specified in the order (which shall not be earlier than sixty days from the date of service of the order) and to deliver by that date any documents, registers, records and collection papers connected with the management of such estate or of such interest which are in his custody and to furnish a statement in the prescribed form in respect of such estate or such interest.
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(1) If any person on whom an order has been served under sub-section (2) of section 10, wilfully fails or neglects to comply with all or any of the directions given in such order within the time specified therein or within such further time as the Collector may allow or withholds any documents, registers, records or collection papers, or wilfully furnishes any incorrect statement, it shall be lawful for the Collector, after giving such person an opportunity of being heard, to impose a fine upon such person. Such fine may extend
(a) in the case of a proprietor, to five times the annual revenue and cess payable by him or to one thousand rupees, whichever is greater;
(b) in the case of an intermediary who is not a proprietor, to five times the annual rent payable by him or to" one thousand rup
6767. Words and figures ins. by W.B. Act 19 of 1961. (1) Every intermediary whose estate or interests have vested in the State and have been taken charge of by the Collector under section 10 shall be entitled to receive in cash, in respect of such estate or interests at such time and in such manner as may be prescribed, an annual ad interim payment of 6868. Words "as aforesaid" om. by W.B. Act 19 of 1961. [such amount as may be prescribed). Such payments shall be deemed to be part of the compensation payable to such intermediary and shall, at the time of payment of such compensation, be deducted and adjusted against it, so however that where such compensation is payable partly in cash and partly in 6969. Proviso ins. by W.B. Act 35 of 1955. [bonds, the adjustment shall be first against the compensation payable in cash 7070. Proviso to sub-sec. (2) om. by W.B. Act 19 of 1961. The Proviso was as under : "Provided that such fina
All estates and all interests of intermediaries therein, which have vested in the State under a notification under section 4 and which have been taken possession of by the Collector under section 10 shall be managed according to such rules as the State Government may from time to time make in this behalf:
Provided that the State Government may at any time, if it so thinks fit, entrust the management of such estates and such interests to any statutory authority on such terms and conditions, as it may, by general or special order, fix, and the staturoty authority shall manage such estates and such interests in accordance with rules made by the State Government in this behalf.
7777. Secs. (3a) to (3c) ins. by W.B. Act 4 of 1957.
(1) The Compensation Officer shall 7575. Words, figures, brackets and letter subs, for the words, figures and brackets "by a Revenue Officer on any objection made under sub-section (1)" by W.B. Act 25 of 1957. * * * prepare in respect of all intermediaries having lands in the notified area or in any part thereof over which the Compensation Officer has jurisdiction, a Compensation Assessment Roll on the basis of the records-of-rights prepared and finally published under Chapter V and publish the same in such manner as may be prescribed.
(2) The Compensation Assessment Roll shall contain particulars about the gross income and the net income of each intermediary from all his estates and interests within the area, the amount of compensation p
Words, figures and letter ins. by W.B. Act 19 of 1961.
(1) Within one month of the publication of the Compensation Assessment Roll under section 14
(a) an intermediary may file before the Compensation Officer an objection in writing in the prescribed form in respect of any entry therein, or any omission therefrom relating to his estates, interests or income;
(b) an intermediary having estates or interests in any other area or areas shall submit to the Compensation Officer a statement in the prescribed form containing particulars of all his estates and interests wherever situated and the income therefrom.
(2) The Compensation Officer shall, except in a cas
Words subs, for the words "or of his own motion within one year" by W.B. Act 9 of 1961. 8282. Words subs, for the words "within five years" by W.B. Act 22 of 1963. [An intermediary may, within three months] of the publication of the Compensation Assessment Roll referred to in sub-section (5) of section 15, 8383. Sec. 45A ins. by W.B. Act 4 of 1957. * * * file before the Compensation Officer an objection in writing in respect of any entry therein or any omission therefrom relating to his estates, interests or income and the Compensation Officer shall 8484. Words, figure and letter ins. by W.B. Act 9 of 1961. [thereupon] hear and dispose of such objection according to such procedure as may be prescribed.
(1) For the purpose of the preparation of the Compensation Assessment Roll 8585. Words, figure and letter ins. by W.B. Act 9 of 1961. * * *,
(a) the gross income of an intermediary shall be taken to consist of
(i) the aggregate of the rents and cesses payable or deemed to be payable to him for the previous agricultural year by his immediately subordinate tenants including 8686. Sec. 46 om. by W.B. Act 33 of 1973. The sec. was previously as under : "Bar to jurisdiction of Civil Court in respect of certain matters. Where an order has been made under sub-section (1) of section 39 directing the preparation or revision of a record-of-rights, no Civil Court shall entertain any suit or application for the determination of rent or determination of the status of any tenant or the incidents of any t
Sec. 53 renumbered as sub-sec. (1) of that sec. by W.B. Act 17 of 1960. A Compensation Officer shall, in preparing under section 14 or section 15 a Compensation Assessment Roll, exclude from the income of an intermediary whose rights in mines and minerals have vested in the State his income from such mines and minerals and shall after assessment of compensation for his other estates and interests refer the case to the Compensation Officer appointed under Chapter IV for assessment of compensation in accordance with the provisions of that Chapter.
(1) After the net income has been computed under section 16, the Compensation Officer shall 9797. Clause (ff) ins. by W.B. Act 19 of 1961. * * * * * proceed to determine the amount of compensation payable to intermediaries in accordance with the following table, nemely :
Table
Net income.
Amount of compensation payable.
For the first Rs. 500 or less of net income.
Twenty times of such net income.
For the next Rs. 500 or less
Sec. 18 om. by W.B. Act 17 of 1960. The sec. was as under : "18 Preliminary publication of Compensation Assessment Roll and disposal of objections. (1) After the amount of compensation has been determined in accordance with the provisions of section 17 and entered in the Compensation Assessment Roll, the Compensation Officer shall cause a draft of such roll to be published in the prescribed manner and for the prescribed period. The Compensation Officer shall send relevant portion of the draft of such roll to each intermediary and shall receive and consider any objections, which may be made within three months of the receipt of the relevant portion of the Compensation Assessment Roll, to any entry therein or to any omission therefrom. The Compensation Officer shall dispose of such objections within a period of six months from the date of filing thereof in accordance with such rules as the State Government may make in this beha
The order of the Compensation Officer deciding an objection under 77. Chapter VIII containing sees. 60 and 61 ins. by W.B. Act 40 of 1963. [section 15 or section ISA] or an order under sub-section (2) of section 25 shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision.
(1) An appeal, if presented within ninety days from the date of the order appealed against, shall lie from every order passed by a Compensation Officer under 77. Chapter VIII containing sees. 60 and 61 ins. by W.B. Act 40 of 1963. [section 15 or section ISA] or under proviso (b) of sub-section (2) of section 25 to a Special Judge appointed for the purpose of this section.
(2) An appeal shall lie to the High Court from every order passed on appeal by a Special Judge under sub-section (1) on any of the grounds specified in section 100 of the Code of Civil Procedure, 1908.
(1)When no objection has been filed or when all such objections have been disposed of, the Compensation Officer shall make such alterations, if any, in the 88. Clauses (iv) and (v) ins. by W.B. Act 14 of 1966. * * * Compensatipn Assessment Roll as may be necessary to give effect to any order passed on objections made under 77. Chapter VIII containing sees. 60 and 61 ins. by W.B. Act 40 of 1963. [section 15 or section ISA] and shall cause the said roll or the roll as so altered to be finally published in the prescribed manner and make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same with his name and official designation.
(2) The publication of the Compensation Assessment Roll under subsection (1) shall be conclusive evidence that the said roll has been duly made under t
A Compensation Officer may, on application or of his own motion at any time before payment of compensation under section 23, correct any entry in the Compensation Assessment Roll, which he is satisfied has been made owing to bona fide mistake :
Provided that no such correction shall be made if an appeal affecting such entry has been presented under section 20 or until reasonable notice has been given to the parties concerned to appear and be heard in the matter. •
1010. Sub-sec. (1) first subs, by W.B. Act 9 of 1961 and thereafter the present sub-sec. (1) subs, by W.B. Act 19 of 1961. Previous sub-sec. (1) was as under : "(1) As soon as may be after the date of final publication of a Compensation Assessment Roll under section 21, the Compensation Officer shall, in the prescirbed manner, make an offer of payment of the compensation to the intermediary who is entitled to such compensation in terms of the Compensation Assessment Roll together with interest at the rate of three per centum per annum of such compensation accruing from the date of vesting to the date of the offer of payment under this subsection : Provided that such payment shall be without prejudice to the right of the intermediary to file an appeal under section 20.". (1)
(a) As soon as may be after the date of the final publication
If any intermediary entitled to receive such compensation in respect of any interest be a person incompetent to alienate such interest, the Compensation Officer shall keep the amount of compensation payable for such interest whether in cash or bonds 2323. Words ins. by W.B. Act 22 of 1964. [, after deducting therefrom any amount recoverable under section 7,] in deposit with the Collector of the district and such Collector shall arrange to invest the cash and the income from the bonds in the purchase of such Government or other approved securities as such Collector thinks fit and shall direct the payment of the income from such investment to the intermediary who would for the time being have been entitled to hold and enjoy such interest if it had not vested in the State and such bonds and securities shall remain so deposited until they are made over to any person or persons becoming absolutely entitled thereto:
(1) 2525. Words subs, for the words and figures "Notwithstanding anything contained elsewhere in this Act or in any Compensation Assessment Roll as finally published under section 21 but subject always to the provisions of Chapter IV. no intermediary" by W.B. Act 22 of 1964. [No intermediary] shall be entitled to receive on account of compensation any amount in excess of the amount calculated on his total net income from all his interests held by him within the State at the rate specified in the table contained in section 17.
(2) The Compensation Officer shall, before making any payment under section 23 of any compensation payable in terms of a Compensation Assessment Roll 26I, ascertain from the intermediary in the prescribed manner if any amount has already been paid to him on account of compensation and, if so, shall, by order,] adj
(1) 3030. Words, brackets and figures subs, for the words "No portion" by W.B. Act 35 of 1955. (Save as otherwise provided in the proviso to sub-section (1) of section 7 3131. Words, brackets and figures ins. by W.B. Act 21 of 1975. (or the proviso to sub-section (7) of section 10), no portion] of the compensation payable to any intermediary in terms of any Compensation Assessment Roll finally published under section 21, in excess of fifty per centum thereof shall
(a) be liable to be deducted under an order of a Collector made under section 7, or
(b) be liable to attachment at any one time in execution of decrees including decrees for arrears of rent.
(2) Where there are several orders of attachment
The provisions of this Chapter shall have effect notwithstanding anything to the contrary elsewhere in this Act.
So much of the land 3838. Words and brackets "(including sub-soil rights therein)" om. by W.B. Act 9 of 1961. * * * * in a notified area held by an intermediary immediately before the date of vesting 3939. Words and brackets ins. by W.B. Act 9 of 1961. [(including sub-soil rights therein, but excluding rights in hats and bazars not in the khas possession of the intermediary and lands comprising forests, if any)] as was comprised in or as appertained to any mine which was being directly worked by him immediately before such date shall with effect from such date be deemed to have been leased by the State Government to such intermediary. The terms and conditions of such lease shall be as agreed upon between him and the State Government, or in default of agreement as may be settled by the Mines Tribunal:
Provided that all such terms and conditions shall be consistent with the provisio
(1) All leases of mines and minerals in a notified area granted by an intermediary and subsisting immediately before the date of vesting shall, with effect from such date, be deemed to have been granted by the State Government to the holder of the said subsisting lease on the same terms and conditions as of the subsisting lease 4040. Words, letters and brackets subs, for the words "with the additional condition " by W.B. Act 9 of 1961. [, so, however, that
(ai) rights in hats and bazars not in the khas possession of the holder of the lease and lands comprising forests, if any, shall be excluded from such lease;)
(i) in cases where the holder of the lease had not in the opinion of the State Government done any prospecting or development work before the date of vesting, that he shall be allow
Where any land is deemed to have been leased by the State Government to an intermediary under section 28 or where a lease is deemed to have been granted by the State Government under section 29 to the holder of a subsisting lease, any land not included in such lease, which vests in the State by the operation of this Act and is in the use or occupation of the lessee for purposes connected with the working of any mine or the extraction of any minerals, including the land comprised in any works, buildings, machinery, tramways, siding, roads, streets or thoroughfares, connected with such purpose, shall be deemed to have been included in such lease with effect from the date of vesting 42{subject to the payment of rent at the rate of rupees forty-five per 0.4047 hectare per annum unless a different amount is agreed upon between the State Government and the intermediary or the lessee.]
<
(1) The Compensation Officer shall 4343. Words ", in respect of any notified area," om. by W.B. Act 17 of 1960. * * * * * prepare in the prescribed form and in the prescribed manner a Compensation Assessment Roll showing the compensation payable for mines and minerals
(a) to every intermediary in whose land [not being land deemed to have been leased under section 28 or land included in a lease referred to in section 29J there is, in the opinion of the State Government, reason to believe that there are minerals not yet prospected or developed or partially prospected and developed and then abandoned;
(b) to every intermediary to whom any land is deemed to have been leased under section 28;
(c) to every intermediary, who granted a lease of mines and
Sec. 32 renumbered as sub-sec. (1) of that sec. by W.B. Act 4 of 1957. (1) In preparing the Compensation Assessment Roll for every intermediary referred to in clause (a) of sub-section (1) of section 31, the Compensation Officer shall 4646. Words subs, for the words "calculate the probable gross annual income" by W.B. Act 9 of 1961. [calculate the gross annual income] of such intermediary on the probable income out of royalty which might have been derived by the grant of lease of such land based on the opinion of 4747. Words subs, for the words "Mining Expert" by W.B. Act 9 of 1961. [a Mining Expert], appointed by the State Government, as regards the nature, quantity and the value of the minerals, likely to exist in the land and capable of being worked and developed and other matters that may be prescribed. An amount equal to five per centum of 4848. Words subs, for the words "such probable gross income" by W.B. Act 9 of 1961
(1) In preparing the Compensation Assessment Roll for every intermediary referred to in clause (b) of sub-section (1) of section 31, the Compensation Officer shall take the gross income of such intermediary to be the average annual income calculated on the basis of annual returns filed by him for the assessment of cess or income-tax during the period of eight agricultural years immediately preceding the agricultural year within which the date of vesting falls,or any shorter period for which retuns have been filed ; and an amount equal to five per centum of such gross income shall be deemed to be the net income from such mines.
(2) The Compensation Officer shall then determine the amount of compensation payable to the intermediary as aforesaid, after taking into consideration his net income and the opinion of a Mining Expert appointed b
(1) In preparing the Compensation Assessment Roll for every intermediary referred to in clause (c) of sub-secion (1) of section 31, the gross income of the intermediary shall be the average annual gross income received (excluding any sum received by way of salami or premium) claculated on the basis of the annual returns filed by such intermediary for the assessment of cess or income-tax during the period of eight agricultural years immediately preceding the agricultural year within which the date of vesting falls, or any shorter period for which such retuns have been filed ; and the net income shall be computed by deducting from the gross income so determined the average of the income tax payable thereon during the said period and the cost of the collection at such rates as may be prescribed.
(2) The Compensation Officer shall determin
If the amount of compensation determined under sub-section (2) of section 29, section 32. section 33 or section 34, is not agreed to by the intermediary, the Compensation Officer shall refer the question of the determination of the amount of compensation to the Mines Tribunal.
(1) The Mines Tribunal appointed for the purposes of this Chapter shall consist of a Chairman who shall be 5050. Words subs, for the words "an officer not below the rank of a district Judge" by W.B. Act 17 of 1960. [a person who is or has been a District Judge or an Additional District Judge] and another member who shall be a Mining Expert. Both the Chairman and the Mining Expert Member shall be appointed by the State Government with the previous approval of the Central Government.
(2) The Tribunal shall follow such procedure as may be prescribed.
(3) In regard to any matter of compensation referred to the Tribunal by the Compensation Officer under section 35, the Tribunal at the commencement of the proceedings before it may require the State Go
An appeal, if presented within two months from the date of the order appealed against, shall lie against any order of the Tribunal to the High Court except in resepct of matters of difference disposed of under sub-section (5) of section 36.
The provisions of sections 5151. Figures subs, for the figures "15,". by W.B. Act 17 of 1960. [14, 15] 5252. Figures and letter ins. by W.B. Act 19 of 1961. [15A,] 5353. Figures ins. by W.B. Act 4 of 1957. [17,] 5454. Figures "18" om. by W.B. Act 17 of 1960. * 19, 5555. Figures and brackets "20(1)," om. by W.B. Act 4 of 1957. * 5656. Figures ins. by W.B. Act 19 of 1961. [21, 22] 23, 24 and 26 shall apply mutatis mutandis in regard to the procedure of preparation of Compensation Assessment Roll and the manner of payment of compensation for mines and minerals under this Chapter.
(1) Subject to the provisions of sub-section (4), the State Government may. for carrying out the purposes of this Act make an order directing
(a) that a record-of-rights be prepared in respect of any district, or part of a district, or
(b) that the record-of-rights prepared and finally published under Chapter X of the Bengal Tenancy act, 1885, in respect of any district, or part of a district be revised, by a Revenue Officer in accordance with the provisions of this Chapter and such rules as may be made in this behalf by the State Government.
(2) A notification in the Official Gazette of an order under sub-section (1) of this section shall be conclusive evidence that the order has been duly made.
5858. Sec. 40 subs, by W.B. Act 9 of 1961. Original sec. 40 was as under : "40 Raiyat paying rent in kind, etc. (1) If any raiyat pays for a holding rent in kind or rent payable partly in kind and party in cash or rent on the estimated value of a portion of the crop, the Revenue Officer shall, in the prescribed manner, determine the sum deemed to be payable as money-rent and record such rent in the record-of-rights. (2) In making the determination the Revenue Officer shall have regard to the average value of the rent actually received by the landlord during the preceding seven years or during any shorter period for which evidence may be available.". If, in respect of a holding, a raiyat pays rent wholly in kind or partly in kind and partly in cash, the Revenue Officer shall assess as rent for the land comprised in the holding,
(a) where the raiyat pays rent wholly in kind, an amou
In preparing or revising any record-of-rights under this Chapter, the Revenue Officer shall fix in respect of any land held free of rent by a person who holds such land free of rent in consideration of some service to be rendered, a rent determined on the basis o the rent paid by raiyats or non- agricultural tenants for lands of similar description and with similar advantages in the vicinity.
5959. Sec. 42 renumbered as sub-sec. (1) of that section by W.B. Act 22 of 1964. (1) 6060. Words subs, for the words "When an intermediary is entitled" by W.B. Act 22 of 1964. [Save as otherwise provided in sub-section (2), when an intermediary is entitled] to retain possession of any land under sub-section (1) of section G, then except in cases of land retained under clause (h) or (i), and except in the cases referred to in the proviso to sub-section (2) of section 6, the Revenue Officer shall determine the rent payable in the prescribed manner and in accordance with the following principles, that is to say
(i) if the land be agricultural land, on the basis of the rate of rent 6161. Words subs, for the words "paid by raiyats for lands" by W.B. Act 9 of 1961. [paid by raiyats or other persons holding lands] of similar description and
6666. Sec. 42A ins. by W.B. Act 19 of 1961.
(1) If, for any reason, the rent payable in respect of any land retained by an intermediary under sub-section (1) of section 6 has not been determined before the draft or final publication of the record- of-rights under this Chapter, then, notwithstanding anything contained elsewhere in this Act, the Revenue Officer may, at any time, after giving notice to the person concerned, determine the rent in accordance with the provisions of sections 40, 41 and 42 and enter the rent so determined in the record-of-rights.
(2) Any person aggrieved by an order of the Revenue Officer determining rent under sub-section (1) may appeal to such authority and within such time as may be prescribed.
All rents determined under this Chapter, and entered in the record-of-rights shall be deemed to have been correctly determined and to be fair and equitable for the purposes of this Act 6767. Words and figures ins. by W.B. Act 19 of 1961. [and shall be payable at such times and in such instalments as may be prescribed, and the period of limitation for the institution of suits relating to the recovery of arrears of rent shall be as provided in article 149 of the First Schedule to the Indian Limitation Act, 1908.]
(1) When a record-of-rights has been prepared or revised 6868. Words "as aforesaid" om. by W.B. Act 19 of 1961. * *, the Revenue Officer shall publish a draft of the record so prepared or revised in the prescribed manner and for the prescirbed period and shall receive and consider any objections which may be made to any entry therein or to any omission thereform during the period of such publication :
6969. Proviso ins. by W.B. Act 35 of 1955. Provided that no order passed under section 5A shall be liable to be reopened in pursuance of an objection made under this sub-section.
(2) When all such objections have been considered and disposed of according to such rules as the State Government may make in this behalf, the Revenue Officer shall final
Any Revenue Officer empowered by the State Government in this behalf may, on application 8181. Words subs, for the words "or of his own motion within one year" by W.B. Act 9 of 1961. [within one year, or of his own motion 82(within nine years),] from the date of certificate of the final publication of the record- of-rights under sub-section (2) of section 44, correct any entry in such record-of-rights under sub-section (2) of section 44, correct any entry in such record-of-rights which he is satisfied has been made owing to a bona fide mistake :
Provided that no such correction shall be made if an appeal affecting such entry has been presented under sub-section (3) of section 44 or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
8383. Sec. 45A ins. by W.B. Act 4 of 1957. Any Revenue Officer specially empowered by the State Government in this behalf may correct any entry in any record-of-rights if it is necessary in his opinion to do so 8484. Words, figure and letter ins. by W.B. Act 9 of 1961. [in pursuance of an order under section 5A or) on account of any amendment made in the provisions of this Act or the rules made thereunder:
Provided that no such correction shall 8585. Words, figure and letter ins. by W.B. Act 9 of 1961. [,except where it is made in pursuance of an order under section 5A,] be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
8686. Sec. 46 om. by W.B. Act 33 of 1973. The sec. was previously as under : "Bar to jurisdiction of Civil Court in respect of certain matters. Where an order has been made under sub-section (1) of section 39 directing the preparation or revision of a record-of-rights, no Civil Court shall entertain any suit or application for the determination of rent or determination of the status of any tenant or the incidents of any tenancy to which the record-of-rights relates, and if any suit or application, in which any of the aforesaid matters in issue, is pending before a Civil Court on the date of such" order, it shall be stayed, and it shall, on the expiry of the period prescribed for an appeal under sub-section (3) of section 44 or when an appeal has been filed under that sub-section, as the case may be, on the disposal of such appeal, abate so far as it relates to any of the aforesaid matters. Explanation. In this section suit in
The record-of-rights prepared and finally published under the provisions of this Chapter or deemed to have been so prepared and finally published, for any district or part of a district in respect of which a notification under section 4 has been duly published, shall as soon as may be after the date of vesting be modified by eliminating therefrom all the interests of the intermediaries which have vested in the State and showing therein only the tenants who hold directly under the State as a result of vesting of such interests in the State. One or more numbers to be borne on the revenue roll of the district shall be assigned by the Collector in respect of the areas to which such record-of-rights relates in accordance with such rules as the State Government may make in this behalf and the Revenue Officer shall make a certificate that the record-of-rights has been so modified and shall date and subscribe the same under his name
The cost of preparation of record-of-rights prepared or deemed to have been prepared under this Chapter shall be borne by the State Government.
8888. Sec. 49 subs, by W.B. Act 35 of 1955. Original sec. 49 was as under : "49. When this Chapter is to come into force. The provisions of this Chapter shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.". The provisions of this Chapter shall come into force on such date and in such district or part of a district as the State Government may, by notification in the Official Gazette, appoint and for this purpose different dates may be appointed for different districts or parts of districts.
********88a88a. Sec. 50 om. by W.B. Act 35 of 1955. The sec. was as under : "50. Certain persons to be deemed to be intermediaries. For the purposes of this Chapter the following classes of persons, not being intermediaries within the meaning of clause (i) of section 2, shall be deemed to be intermediaries within the meaning of this Act, namely : (1) persons who hold lands which they cultivate by bargadars as defined in the West Bengal Bargadors Act, 1950, or which they do not cultivate themselves or by members of their families, or by servants or labourers, (2) persons who have sub-let their holdings in part or in whole.". 88b. Sec. 51 om. by W.B. Act 35 of 1955. The sec. was as under : "51. Notification vesting certain khas lands and rent-receiving interests. (1) If the State Government is of opinion that it is expedient so to do, it may by notification in the Official Gazette declare that as from a date specified in the no
********
Sec. 52 subs, by W.B. Act 35 of 1955. Original sec. 52 was as under : "52. Consequences of notification. The provisions of Chapters II to V and of Chapter VII shall, with such modifications as may be necessary, apply mutatis mutandis to khas lands referred to in clause (a) of sub-section (1) of section 51 and rent-receiving interests referred to in clause (b) .of that sub-section as if the notification under that section had been a notification under section 4.". On the issue of a notification under section 49 the provisions of Chapters II, III, V and VII shall, with such modifications as may be necessary, apply mutatis mutandis to raiyats and under- raiyats as if such raiyats and under-ratyats were intermediaries and the land held by them were estates and a person holding under a raiyat or an under-raiyat were a raiyat for the purposes of clauses (c) and (d) of section 5 :
9090.
Sec. 53 renumbered as sub-sec. (1) of that sec. by W.B. Act 17 of 1960. (1) There shallbe the following authorities for the purposes of this Act, namely :
(a) The Board of Revenue ;
(b) Director of Land Records and Surveys ;
(c) Settlement Officers ;
(d) Assistant Settlement Officers ;
(e) Compensation Officers ;
(f) Revenue Officers ;
9797. Clause (ff) ins. by W.B. Act 19 of 1961. (ff) Officers appointed by the State Government for the purposes of sub-clause (iv) of clause (a) of sub-section (1) of section 16 ;
(g) Mining Ex
(1) The State Government may, by notification in the Official Gazette, delegate any of the powers under this Act, except the power of making rules under section 59, to the Board of Revenue 9999. Words ins. by W.B. Act 25 of 1958. [, the Commissioner of a Division or a Collector] subject to such reservations, if any, as may be specified in the notification.
(2) All authoriies referred to in section 53 shall exercise such powers and perform such duties under this Act or any rules made thereunder as may be conferred or imposed on them.
11. Sub-sec. (1) subs, by W.B. Act 17 of 1960. Previous sub-sec. (1) was as under : "(1) The State Government may appoint one or more officers not below the rank of a District Judge to be a Special Judge or Judges appointed for the purpose of section 11 or to be a Special Judge or Judges appointed for the purpose of section 20.". (1) The State Government may appoint a person who is or has been a District Judge or an Additional District Judge to be a Special Judge for the purpose of section 11 or of section 20.
(2) The State Government may appoint one or more Tribunals for the purpose of section 44. Such Tribunal shall be composed of a single member who shall be 22. Words subs, for the words "an officer not below the rank of by W.B. Act 17 of 1960. [a person who is or has been] a District Judge 33. Words ins. by W.B. Act 35 of 1955. [or
Sec. 55A ins. by W.B. Act 17 of 1960. The provisions of sections 5 and 12 of the Indian Limitation Act, 1908, shall apply to any appeal or application under this Act.
A Revenue Officer, subject to any rules made under this Act.may, at any time after giving previous notice, enter upon any land with such officers or other persons as he considers necessary, and make a survey of the land or take measurements thereof or do any other acts which he considers to be necessary for carrying out any of his duties under this Act or any rules made thereunder.
(1} Subject to any rules made under this Act, a Revenue Officer may, for the purposes of this Act, by notice require any person to make and deliver to him a statement or to produce records or documents in his possession or control relating to any interest whatsoever in any land at a time or place specified in the notice.
(2) Every person required to make or deliver a statement or produce any record or document under this section shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.
(3) For the purposes of an inquiry under this Act a Revenue Officer shall have power to summon and enforce the attendance of witnesses or of any person having any interest whatsoever in any land and to compel the p
Sec. 57A ins. by W.B. Act 4 of 1957. The State Government may by orderinvest any authority referred to in section 53 with all or any of the powers of a Civil Court under the Code of Civil Procedure, 1908.
(1) Where an order has been made under sub-section (1) of section 39 directing the preparation or revision of a record-of-rights, no Civil Court shall entertain any suit or application for the determination of rent or determination of the status of any tenant or the incidents of any tenancy to which the record-of-rights relates, and if any suit or application, in which any of the aforesaid matters is in issue, is pending before a Civil Court on the date of such order, it shall be stayed, and it shall, on the expiry of the period prescribed for an appeal under sub-section (3) of section 44 or when an appeal has been filed under that sub-section, as the case may be, on the disposal of such appeal, abate so far as it relates to any of the aforesaid matters.
(2) No Civil Court shall entertain any suit or application concerning any land or
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act or any rules made thereunder or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which, under any provision of this Act, are required to be prescribed or to be provided for by rules.
Chapter VIII containing sees. 60 and 61 ins. by W.B. Act 40 of 1963. The provisions of this Chapter shall come into force on such date and in such area of the transferred territories as the State Government may, by notification in the Official Gazette, appoint, and for this purpose different dates may be appointed for different areas.
Explanation. In this Chapter 'transferred territories' means the territories trasferred from the State of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.
Chapter VIII containing sees. 60 and 61 ins. by W.B. Act 40 of 1963. On the issue of a notification under section 60, in the area in respect of which such notification is issued,
(1) the Bihar Land Reforms Act, 1950, shall stand repealed and the provisions of the foregoing Chapters of this Act shall mutatis mutandis apply :
Provided that any reference in the foregoing Chapters of this Act to the Bengal Tenancy Act, 1885, or any provision thereof shall, as the case may be, be construed as a reference,
(i) in the case of application of such Chapters to the area comprised in the district of Purulia, to the Chota Nagpur Tenancy Act, 1908, or the corresponding provision thereof, and
(ii) in the case of ap
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