(1) If during h e period of disuess, any person, referred to in chis Aci as transferor, has transferred any land by sale for any consideration the amount or value of which docs not excccd five hundred and fiily mpecs, and if-
(a) h e transferor applies in h e prcscribcd manner lo the Colleclor at any timc bcfore the expiry of '[rhc 14th day of February, 1955,] for thc rcscoration of such land 10 him, and
(b) he satislics thc Collector chat hc could nor have mainrained himself or his rarnily cxcept by making such alienadon of sucIi land, the ColIector shall, after giving thc transferee and if such land is in the possession of any person orher than the unnsferee, such other person also, an opponunily of being heard, makc an order in writing res~oring such land to such ~ransfcror and directing such ~ransfcror in the manner provided in sub-seclion (2) to pay in ten annual inslalmen(s by such dares as may be specified in thc ordcr~hcamount ofsuchconsidcrarion or i ts value rogether with interest onsuchamount allherateof h e e a n d onc-cighrhpercerrlrrtr~ per alltlrrnl from he dalc of his receipt of such considerarion and the mounr of any conlpensation for improvements effectcd to such land, allowcd by the Collector and determined by him i n the mannerprescribcd, less h c amount determined in h c manner prescribed of the nel income from such land of the person in posscssion of such land as a resull of such alicna~ion:
Provided that h c first of such jnstalrncnb shall bc payable on a dale not Inter than [he 1st day of Baisakll nexr following h c datc of the order.
(2) When Ihc ColIcctor makes an ordcr for payment by inslalnlenls under sub-scclion (I ) , he shall direct such instalments to be paid-
(a) in the cmc whcrc the land in rcspcct of which such order is made has been alicna~ed by the transfcrcc bclbre the dale of such order by mcans of a bor~a jide mansicr for vaIuablc ' T h w o k and ~~~~~~~~~~~ihe s q u m bnckcls wcrc substituted for the words and figures "thc 3151 day of Dcccrnkr. 1954." by s. 2 of fhc \Vest Bengal Alieoa!ion of h d (Tcmponry I'rovisions) (Amend~ncnr) ACI. 1955 (Wcsi Bcn. Acl IIJ of 1955).
consideraiion, or a Lorra$(le gift by a registered instrument or heba, to rhe pcrson in posscssion of such land as a resulr of such alienation:
Bcn. Act I l l of 1913.
Providcd that wherc such land has bcen sold, before or aftcr such ordcr is made, in execuljon of a decrcc or of a ccrtificale undcr the Bengal Public Demands Recovcry Acr.
191 3, against the transferee, ~Iic whole ofthe amount payable under r hc said ordcr, or such par1 of ica may [hen remain due, shall, no~wilhstanding anything contained in such order, become duc and payablc ar once m d on such payrnenr being made, such S ~ I C in execution of the dccree or rhc ccrdficalc shall be setasidc and rheamount paid shnll beapplicdtowards sausfacion of h c dccree or Ihc certificate, as he case may be;
(b) in thccxc where such land has becn alienated by the transfcrcc before such date by rncms of a borlafide l w c for valuablc consideralion or a usuhcwary rnorlgogc, io the mnsleree and h c person in possession aT such land L$ a result of such alienadon in sucll proponion and in such manner as may be dererrnined by rhc Collector and specified in he order; and
(c) in othcr cases, lo ~ h c tmnsferec:
Provided that if such land is subjcct ro a borro fide morlgage other than a usuliucruary mortgage and such mortgage wmexccured afier ~ h c ~ransfer oisuchland rcrcrred to in sub-secuon (I ) , thc CoIlector shalt direct rho1 such instalmcnb shall l irs~ be paid to the mortgagee unlil the moun~due underhemortgageas dclermined by lhcColIector is paid off and that ~hcrcar~er any such instalmcnts or par1 rhcrcof sdll remaining due shall bc paid in rho manner providcd in cIausc (a), clause ( b ) or clause (c) of [his subsection, as he C,UC may be.
(3) The arnount ordcrcd to be paid by instalments under sub-secrion
(1) shaIl be a charge on rhc land in respcct of which !he ordcr under that sub-section has bccn made.
( 4 ) Where any land in rcspect of which an ordcr under sub-scction ( 1 ) is made is, aCler rhcdate on which such ordcrhkes efrcct under sub-seclion ( I) of section 5, sold in exccution of a decree or of a cenifica~c signed under ihe Bengal Public Dcmands Rccovcry Act, 1913, against the lranslemr lo whom rcstora~ion has been made, or orllcrwise alienated by him, the wholc oFlhe amount payabIc undcrsuch order lhcn remaining due shall. no~withs~anding any thing conrained in such order, at once become dut: and payablc, and the pcrson 10 whom such amount is payable shall be ,,,:,\*A ., ,,..*.,I- :. 1.- ---. r - . r The West Bengal Alier~ariorr of Lorrd (Terr~por-ary ProvisionsJ Act. 1954.
Power or mmrcr and validation.
Effcct of W ~ P C ror rrsionrion nr lands.
Rccovev of S~IIILF due undrr rn ordcr undcr sec~ion 4 as a public dcmmd.
IWcst Ben. Act (Sectiotls 4A.6.)
l4A. ( 1 ) The Collcclor or a district, or any Additional Djstricl Magisrralc or any Subdivisional Magjsuatc appointed to dischnrgc Lhc func~ions of n Collcc~or undcr clause (1) or sec~ion 2, to whom ;In application has been made undcr clause (a) of sub-section (1) of scction 4, may dispose of lhc applicaiion himself o r may ~nnsfer il (or wherc il has bccn iransfecred, rcrransfcr it) for disposal to any olhcr ofhcer appoinled under clnusc (1) of seclion 2 for the arca in which thc laad, of which restorahon is applicd for. is situate.
(2) Evcry applicalion made undcr clausc (a) of sub-secrion (1) of sec~ion 4, purponed to have been uansFerred (or rcuansferred) before lhe commencemenl of [his Acr by h e Collecror of a dis~rict or an Additional District Magislrale or a Subdivisional Magisrrarc appointed undcr clause (1) of scction 2, to any other officer appointed under \ha[ clausc shall Ix deerncd LO have been validly lransfcrrcd (or validly retransfcmed) under sub-scclion (I ) For disposal by such officer.
5. (I) When h e Collccror makes an order under sub-scccion ( 1 ) of section 4 restoring any land 10 the transfcror, such order shaIl havc cffcct on the 1st day or Boisakfr nexl following the d a ~ c of the order.
(2) From the date on which an order under sub-seclion ( 1 ) of seclion 4 lakes eFfec[ undcr sub-seclion (1) of this section, lhc right, tide and inleresl in the land accruing 10 h c ~ansferee or rhc pcrson in possession as a result of h e m s f e r referred lo in sub-section (1) or scction 4 shall, subject lo the provisions OF sub-sccrion (3) of that section, bc deemed lo ]lave vcslcd in h e uansicror Free from all encumbrances, if any, which have been crcalcd after h e datc of such mansfcr.
(3) If on OF before he da~c on which an order under sub-scclion (1) of scclion 4 rakes cffcct under sub-section (1) of this section, fie pcrson in possession of thc land as a resul~ of [he h n s f e r rcfcrrcd to in sub-section
(1) of sectjon 4 has not yielded possession of such Iand to ~e transferor, the Collcc~or may of his own motion, and shall, on the application of such tnnsferar, cjcct such person and glace such rransreror in possession or such Iand.
6. Any sum payablc under an ordcr made under seclion 4 shall be recovcrablc as a public dcmand.
'This scclion was inserlcd by s. 3 of the We51 Bcn@ Alienuion or h d (Tcmponry Provisions) (Amcndmcn~) Act. 1955 (Wcsr Bcn. Act 111 of 1955).
Tile West Berrgal Aiiel~atioti of Lrrtrd (Tenrporu~ Provisiot~s) Acr, 1954. 493 !
(Secriorjs 7-9.) . . - , .
r 7. Savc nr olllcrwirc provided in h e Conr~itution of India, nei~her ~ ~ $ ~ c l i o n rhc High Court nor any Civil Court shall havc jurisdichon in any maltcr or High which ~ h c ColIector is cmpowcrcd lo dispose of undcr this Act:
Coun and Civil Courts.
Provided lhar any person who is dissahsfied with any order of thc Collcclor mndc under seclion 4 may, wilhin thirly days from h c dote of such ordcr, apply in the prescribed manner to thc District Judgc for the revision of such ordcr and the decision of the District Judgc r hereon shall bc final.
8. Thc Collector shall have all h e powers of a Civil Court under the Powem of B c Act v of Codt of Civil Proccdurc, 1908, for the purposcs of receiving evidence, Col\e<tor,
1908.
adrninis~criogoaths, enforcinp the alrendance of wir nesses and compelling the producrion of documents.