(1) If there is any dispute on the question as to whether a land has vested in an occupier under the provisions of section 4, the matter shall be referred to the Collector, whose decision thereon shall be final.
(2) The manner in which the Collector shall decide the dispute shall be such as may be prescribed.
Settlement of disputes.
225 The West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975.
[West Ben. Act XLVII of 1975.]
(Sections 10-16.)
Limitation 10. (1) Subject to the provisions of sub-section (2), no occupier on transfer shall transfer any land or part thereof vested in him under section 4. by occupier. (2) An occupier may transfer his land or part thereof by simple mortgage in favour of a scheduled bank, a co-operative land mortgage bank or a corporation, owned or controlled by the Central or the State Government or by both, or any other authority notified by the State Government in this behalf, for the development of such land.
11. Any person who evicts an occupier unlawfully from the land or part thereof which has vested in him under section 4 shall be liable to imprisonment which may extend to six months or to a fine which may extend to one thousand rupees or to both.
12. No court shall entertain any suit, application or proceeding in relation to any land or any part thereof which has vested in an occupier under section 4 and no occupier shall be liable to be evicted or dispossessed from such land notwithstanding any judgment, decree or order of any court for such eviction or dispossession.
13. 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.
14. It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution of India.