3 West Bengal Act I of 1954 THE WEST BENGAL ESTATES ACQUISITION ACT, 1953.
CONTENTS.
CHAPTER I.
Preliminary.
Sections.
1. Short title and extent.
2. Definitions.
3. Act to override other laws, etc.
CHAPTER II.
Acquisition of estates and of the rights of intermediaries therein.
4. Notification vesting estates and rights of intermediaries.
5. Effect of notification.
5A. Restriction on certain transfers.
5B. Estate or tenure not liable to be sold under Act XI of 1859, Cooch Behar Act V of 1897, Bengal Regulation VIII of 1819 and Act VIIIof 1885.
6. Right of intermediary to retain certain lands.
7. Arrears of land revenue, cases, taxes and impositions due from any intermediary.
8. Arrears of rent due to an intermediary and decrees for such arrears.
9. Option to have arrears collected through the State Government on certain conditions.
10. Collector to take charge of estates and rights of intermediaries vested in the State.
11. Penalty or non-compliance of Collector’s order.
12. Payment of ad interim compensation.
13. Management of estates and interests of intermediaries vested in the State.
CHAPTER III.
Assessment and payment of compensation.
14. Preparation of Compensation Assessment Roll.
15. Filing and disposal of objections to Compensation Assessment Roll prepared under section, and preparation of roll in respect of intermediaries having interests in more than one area.
15A. Filing and disposal of objections to Compensation Assessment Roll prepared under subsection (5) of section 15.
16. Gross income and net income.
17. Assessment of compensation.
18. (Omitted).
19. Contents of the order of Compensation Officer.
20. Appeals.
21. Final publication of the Compensation Assessment Roll.
22. Correction of bona fide mistakes.
23. Manner of payment of compensation.
24. Compensation due to persons incompetent to alienate.
25. Certain restrictions as to amounts payable as compensation.
26. Extent of recovery of compensation money by attachment.
4
CHAPTER IV .
Mines and Minerals.
27. Provisions of Chapter IV to override other provisions of the Act.
28. Right of intermediaries directly working mines.
29. Subsisting leases of mines or minerals.
30. Provision for lands comprised on works, buildings , etc.
31. Compensation Officer to prepare Compensation Assessment Roll for mines and minerals for three classes of intermediaries.
32. Determination of compensation for intermediaries referred to in section 31 (1)(a).
33. Determination of compensation for intermediaries referred to in section 31 (1) (b).
34. Determination of compensation for intermediaries referred to in section 31 (1) (c ).
35. Reference to Mines Tribunal.
36. Mines Tribunal.
37. Appeal against orders of the Tribunal.
38. Payment of compensation for mines.
CHAPTER V.
Preparation of record – of- rights.
39. Preparation of record-of-rights.
40. Raiyat paying rent in kind,etc.
41. Raiyat or under –tenant holding land free of rent.
42. Intermediary liable to pay rent.
42A Determination of rent after draft or final publication of record-of-rights.
43. Effect of rents settled under this Chapter
44. Draft and final publication of the record-of-rights.
45. Correction of bona fide mistakes in record-of-rights.
45A Correction of entry in record-of-rights
46. (Omitted).
47. Modification of the finally published record-of-rights.
48. Costs of preparation of record-of-rights.
CHAPTER VI.
Acquisition of interests of raiyats and under –raiyats.
49. When this chapter is to come into force.
50. (Omitted).
51. (Omitted).
52. Application of Chapters II, III, V and VII to raiyats and under-raiyats.
CHAPTER VII.
Supplement and Miscellaneous.
53. Authorities for the purposes of this Act.
54. Delegation of powers by the State Government and powers and duties of the authorities.
55. Appointment of Special Judges and tribunals.
55A. Limitation.
56. Power to enter upon land, to make survey, etc.
57. Power to compel production of statements and documents and to enforce attendance of witnesses.
57A. Power of State Government to invest certain authorities with powers ofa Civivl Court.
57B. Bar to jurisdiction of Civil Court in respect of certain matters.
58. Protection of action taken under the Act.
59. Power to make rules.
CHAPTER VIII Application of the Act to transferred territoties.
60. When this Chapter is to come into force.
61. Application of the Act to transferred territories.
5 © West Bengal Act I of 1954.
THE WEST BENGAL ESTATS ACQUISITION ACT, 19532 (As modified up to the 1st January , 1999.)
[12th February , 1954.]
An Act to provide for the State acquisition of estates, of rights of intermediaries therein and of certain Rights of raiyats and under raiyats 3 [and of the rights of certain persons in lands comprised in estates.]
It is hereby enacted as follows:-
CHAPTER I.
Preliminary.
Short title 1. (1) This Act may be called the West Bengal Estates Acquisition Act, 1953.
And extent.
West Ben. Act (2) It extends to the whole of West Bengal except the areas described in XXXIII of 1951. Schedule I of the Calcutta Municipal Act, 1951, as deemed to have been amended Under section 594 of that Act.
1In terms of the provisions of sub-section (3) of section 3 read with Schedule III of the West Bengal Tansferred Territories (Assimilation of Laws) Act, 1958 (West Ben. Act XIX of 1958), this Act shall not extend to, or force in, the territories transferred from the State of Bihar to the State of West Bengal (Transfer of Territories ) Act, 1956 (XL of 1956).
This Act exended to Chandernagore with effect from the appointed date under section 8 of the Chandernagore (Assimilation of Laws) Act, 1955 (West Ben. Act IV of 1956).
2LEGISLATIVE PAPERS.--- For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, dated the 5th May, 1953, Part IV A, page 609; for Report of the Joint Select Committee, see the Calcutta Gazette, Extraordinary, dated the 12th November, 1953 , Part IV A< pages 1275 – 1314; for the proceedings of the West Bengal Legislative Assembly, see the Official Report of the West Bengal Legislative Assembly, Vol. VII, No. 3, pages 1047, 1110-1147, Vol.VIII,pages 95- 135,178-218, 433-466, 486-501,529-52, 577-648,684-756,775-846,890-952,996-1102; and for the proceedings of the West Bengal Legislative Council, see the Official Report of the West Bengal Legislative Council, Vol, III, pages 194-252 and 258-316.
3These words within the square brackets were inserted with retrospective effect by s. 2 of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
6 Page…2 ( Chapter I. Preliminary.--- Section 2.)
Definitions. 2. In this 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 disctirct or any other officer appointed by the State Government to discharge any of the functions of the Collector under this Act;
(e) “date of vesting” means the date mentioned in the notification under sub-section (1) of section 4;
(f) “estate” or “tenure” includes part of an estate or part of a tenure;
1(ff) * * * * *
(g) “homestead” means a dwelling house together with ---- any courtyard, compound, garden, out-house, place of worship, family, grave-yard, library , office, guest-house, tanks, wells privies, larines, drains and boundary walls annexed to or appertaining to such dwelling house ;
(h) “incumbrance” in relation to estates and rights of intermediaries therein dos not include the the rights of a raiyat or of an under –raiyat or ofa non-agricultural tenant 2[ but shall, except in the case of land allowed to be retained by an intermediary under the provisions of section 6, include all rights or interests of whatever nature, belonging to intermediaries or other persons , which relate to lands comprised in estates or to the produce thereof];
1Clause (ff) , which was inserted with retrospective effect by s. 2 of the west Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955), was omitted with retrospective effect by s.2(1) of the west Bengal Acquisition (Amendment) act 1957 (West Ben Act IV of 1957).
2These words within the square brackets were inserted with retrospective effect by s. 2(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957) 7 Pasge …3 ( Chapter I. ---Peliminary .--- Section 2.)
1(i) “ intermediary” means a proprietor, tenure-holder, under-tenure-holder or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder and, in elation to mines and minerals, includes a lessee and a sub-lessee;
(j) “non-agricultural land” means land other than agricultural land 2[or other than land comprised in a forest];
(k) “non –agricultural tenant” means a tenant on non-agricultural land who holds under a proprietor, a tenure-holder 3[, a service tenure-holder] or an under –tenure-holder;
(l) “notified area” means a district or part of a district in respect of which a notification has been duly published under section 4;
(m) “prescribed “ means prescribed by rules made under this Act;
(n) “religious purpose” means a purpose connected with religious worship, teaching or service or any performance of religious rites;
(o) “rent” means whatever is lawfully payable or deliverable in money or kind or both, by a tenant to his landlord, on account of the use or occupation of the land held by the tenant and includes also money revoverable under any enactment for the time being in force as if it was rent;
VIII of 1885. (p) expressions used in this Act and not otherwise defined have in relation to the areas to which the Bengal Tenancy Act, 1885, applies, the same meaning as in that Act and in relation to other areas meaning as similar thereto as the existing law relating to land tenures applying to such areas, permits.
1Clause (i) was substituted for the original clause with restrospective effect by s.2(2) of the West Bengal Estates Acquisition (Amendment) Act , 1957 (West Ben. Act IV of 1957).
2These words within the square brackets were inserted with retrospective effect by s.2(b) of the West Bengal Estates Acquisition (Second amendment) Act, 1957 (West Ben. Act XXV of 1957).
3These words within the square brackets were inserted with retrospective effect by s.2 of the West Bengal Estates Acquisition ( Amendment ) Act, 1960 (West Ben. Act XVII of 1960).
8 Page …4.
(Chapter I. Preliminary. – Section 3. Chapter II. Acquisition of estates and of the rights of intermediaties therein . –Section 4.)
Act override 3. The provisions of this Act shall have effect notwithstanding anything to the contrary Other laws etc. 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.
1Provided 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 it force :
1Provided further that nothing in this Act shall affect any land possession of which was taken by the state Government 2[ before the date mentioned in the notification issued under section 4,] in furtherance of any proposal for acquiring such land , whether any formal proceedings for such acquisition such were started or not, and proceedings for acquisition of such land may be continued or commenced as if this Act has not been passed.
CHAPTER II.
Acquisition of estates and of the rights of intermediaries therein.
Notification vesting 4. (1) The State Government may from time to time by norification declare that Estates and rights of with effect from the date mentioned in the norification , all estaes. And the intermediaries 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 notification 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 in the Bengal Language) circulating in West Bengal and also by affixing at eaqch police-station and sub-registry office within the district or part of the district, specified in the notification and by beat of drums and in any other manner, if nay , as may be prescribed.
(4) When the State Government is satisfied that the notification has been published in the first instance as required under sub-section (3), it shall issue the notification in the Official Gazette.
1These provisos were added with retrospective effect bys. 3 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960).
2These words and figure within the square brackets were substituted with retrospective effect for the words and figure “before the issue of a notification under section 4,” by s.2 of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961).
9 Page…5.
(Chapter II. Acquisition of estates and of the rights of intermediaries therein.—Section 5).
(5) The publication of the notification in the Official Gazette shall be conclusive evidence that all requirements relating to publication in the first instance as mentioned in subsection (3) have been complied with and also of the due publication of the notification and of notice to all persons affected by the notification.
1(6) Notwithstanding anything contained in the fogegoing sub-sections , an intermediary may, at any time before the 15th day of February, 1955, apply to the State Government to have all his estates, tenures, under-tenures and other rights as intermediary, to be vested in the state and the State Government may, after considering the facts and circumstances of the case, if it thinks fit, make an order granting the application. Upon the oder being made, all such estates, tenures, under –tenures and rights of the intermediary, shall vest in the State Government on and from the date of the order, free from all incumbrances (other than the rights of subordinate intermediaries, if any) and the provisions of this Act, expect the foregoing sub-sections and clauses (a) (b) of section 5, shall with necessary modifications , apply as if , in relation to such estates, tenures, under –tenures and rights of the intermediary, references to the publication of a notification under section 4 or to the date of vesting were references to the order granting the application or to the date of such order, and references to the vesting under section 5 were references to the vesting under this sub-section . The State Government shall have also power to make such other orders for giving effect to the provisions of this sub-section as it deems necessary.
Effect of 5. 2[(1)] Upon the due publication of a notification under section 4, on and from the notification date of vesting---
(a) the estates and the rights of intermediaries in the estates, to which the declaration applies, shall vest in the state free from all incumbrances; in particular and without prejudice to the generality of the provisions of this clause, every one of the following rights which may be owned by an intermediary shall vest in the State, namely:-
(i) rights in sub-soil, including rights in mines and mirerals , i.(ii) rights in hats, bazaars, ferries, 3 * fisheries, tools and other sairati interests;
1Sub-section (6) was substituted for the original sub-section bys. 2 of the West Bengal estates Acquisition (Second amendment) act. 1954 (West Ben Act XXVIII of 1954).
2Section 5 was re-numbered as sub-section (1) that section by s. 2 of the West Bengal Estates Acquisition Act, 1964 (West Ben. Act XXII of 1964).
3The word “forest “ was omitted with retrospective effect by s. 3(a) of the West Bengal estates Acquisition (Second Amendment) Act, 1975 (West Ben. Act XXV of 1975).
10 Page …..6.
(Chapter II. Acquisition of estates and of the rights of intermediaries therein.--- Section 5.)
1(aa) all lands in any estate comprised in a forest together with all rights to the trees therein or to the produce thereof and held by an intermediary or any other person shall held by an intermediary or any other person shall 2 * * * * vest in the State;
(b). all grants of and confirmation of titles to, estates and rights therein , to which the declaration applies and which were made in favour of intermediaries shall determine;
(b) 3[4 (subject to the provisions of sub-section (3) of section 6, every nonagricultural tenant holding any land) under an intermediary, and until the provisions of Chapter VI are given effect to, every raiyat holding any land under an intermediary], shall hold the same directly under the State , as if the State had been the intermediary, ad on the same terms and conditions as immediately before the date of vesting:
5Provided that if any non-agricultural tenant pays rent wholly king or partly in kind and partly in cash, then, notwithstanding anything contained in the foregoing clause, he shall pay such rent as a Revenue Officer specially empowered by the State Government in this behalf may detemine in the prescribed manner and in accordance with the principle laid dpwn in clause (ii) of section 42:
5Provided further that any person aggrieved by an order passed by the revenue Officer determining rent under the first proviso may appeal to such authority and within such time as may be pescribed;
(c) 6[every non-agricultural tenant holding under an intermediary and until the provisions of Chapter VI are given effect to, every raiyat holding under an intermediary,] shall be bound 1Clause (aa) was inserted with retrospective effect by s. 3(b) of the West Bengal Estates Acquisiton (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957).
2The words” notwithstanding anything to the contrary contained in any judgement, decree or order of any court or Tribunal,” were omitted by s.2(a) of the West Bengal Estates Acquisition (Amendment) Act 1977 (West Ben. Act XXXVI of 1977).
3These words within square brackets were substituted with retrospective effect for the words “until the provisions of Chapter VI are given effect to every raiyat or non-agricultural tenant, holding any land under an intermediary” by s. 3(1) of the West Bengal Estates Acquisition (Amendment) Act.1957 (West Ben. Act IV of 1957).
4Substituted with retrospective effect for the words “every non-agricultural tenant holding any land “ by s. 2(1) of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Ben. Act XXII of 1963).
5 These provisos were added by s. 2 of the West Bengal Estates Acquisition (Amendent) Act, 1963 (West Ben. Act XXII of 1963).
6These words within square brackets were substituted with retrospective effect for the words “ every raiyat or non-agricultural tenant holding under an intermediary” by s. 3(2) of the West Bengal Estates Acquisition (Amendent ) Act, 1957, 1957 (West Ben. Act IV of 1957).
11 Page…..7 (Chapter II. Acquisition of estates and of the rights of intermediaries therein.- Section 5A.)
to pay to the State his rent and other dues in respect of his land, accruing on and from the date of vesting , and every payment made in contravention of this clause shall be void and of no effect.
1(2) For the removal of doubts it is hereby declared that notwithsatanding anything to the contrary contained in any judgment, decree or order of any court or Tribunal or in any other law, rights and interests in munes and minerals of all intermediaies, being lessees and sub-lessees, in any notified are shall be deemed to have vested in the State with effect from the date of vesting mentioned in the notification under section 4 in respect of such notified area.
2(30 It is further declared that notwithstansing anything to the contrary contained in any judgment, decree or order of any court or Tribunal or in any other law, all lands in any estate comprised in a forest with all rights to the trees or to the produce thereof as mentioned in cclause (aa) of sub-section (1) in any notified area shall be deemed to have vested in the State with effect from the date of vesting mentioned in the notification under section 4 in respect of that area.
Restriction 35A. (1) The State Government may after the date of vesting enquire into any case of On certain transfer of ay land by an intermediary made between the 5th day of May , 1953 Transfers. And the date of transfer vesting , if in its opinion there are prima-facie reasons for believing That such transfer was not bonafide.
(2) If after such enquiry the State Government finds that such transfer was not bonafide, 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 :
Provided that, subject to such cancellation , nothing in this sub-section shall be deemed to affect any rights which the transferor or the transferee may otherwise have against each other.
(3) If after such enquiry the State Government finds that the transfer was bonafide, it shall make an order to that effect and thereupon the following consequences shall ensue, namely:-
(i) the land shall , without prejudice to any rights which the transferor or the transferee may have against each other, be deemed to be the land of the transferee for the purpose of this Act;
1Sub-section (2) was added by s. 2(2) of the West Benal Estates Acquisition (Amendment)Act, 1977 (West Ben. Act XIIIof 1964). See also foot-note 2 on page 5, ante.
2Sub-section (3) was inserted by s. (b) of the West Bengal Estates Acquisition (Amendment) Act, 1977 (West Ben. Act. XXXVI of 1977).
3Section 5A was inserted with retrospective effect by s. 2 of the West Bengal Estates Acquisition (Amendment) Act, 1954 (West Ben. Act XIII of 1954).
12 Page…..8.
(Chapter II. Acquisition of estates and of the rights of intermediaries therein .-Section 5A).
(ii) if any such land or any part thereof is retained by the transferee under the provisions of this Chapter, such land or such part there of may be taken into account in calculating the land which may be retained by the transferor under this Chapter as if such land or such part thereof had never been transferred and were retained by the transferor or chosen byn him as land to be retained by him.
(4) The State Government may delegatel all or any of its powers under this section to scuh officers in its service as it may deem fit.
(2) The procedure to be followed in such entuiry shall be such as may be prescribed.
Provided that ---
(i) no order shall be passed in an enquiry held under his section except after giving the transferee and the transferee an opportunity of being heard;
(ii) in conducting such enquiry the State Government and any officer to whom any powers have been delegated under sub-section (4) shall have all the powers of a civil court for the purposes of taking evidence, administering oaths, enforcing the attendance of witnesses and Act V of compelling the production of documents and shall be deemed to be civil court within the
1898. meaning of sections 480, 481 and 482 of the Code of Criminal Procedure, 1898.
(3) An appeal against any order passed by the State Government under sub-section (2) or subsection (3), or passed under any of those sub-sections as read with-section (4) by an officer to whom powers have been delegated under sub-section (4), if preferred within sixty days of such order 2[or within sixty days from the date of appointment of the Special Judge, whichever is later], shall lie to a Special,Judge 3(being a person who is or has been a District Judge of an Additional District Judge) 4appointed by the State Government for the purpose of this section and such Special Judge shall dispose of the appeal according to the prescribed procedure.
1For delegation of powers, see notification No. 6786L. Ref., dated the 9th April , 1956 of the Land and Land Revenue Department , published in the Calcutta Gazette, Exraordinary of the 10thApril, 1956, Part I, page 750.
2These words within square brackets were inserted by s. 3(1) of the West Bengal Estates Acquisition (Amendment) Act 1961 (West Ben. Act IX of 1961).
3These words within square brackets were substituted for the words “not being an Officer below the rank of a District Judge” by s. 3(2) ibid.
4For notification relating to appointment of cetain Officer to be the Special Judges for the purpose of section 5A of the Act in respect of the districts specified , see notification NO. 15354L.
Ref., dated 14.10.60, published in the Calcutta Gazette, Extraordinary of 1960, Part I , Page 2677.
13 Page…..9.
(Chapter II. Acquisition of estates and of the rights of intermediaries therin. –Section 5B.)
(4) In this section,----
(i) a transfer shall be held to be not bona fide if it was made principally or partially with the object of increasing the amount of land which a person may retain under this Chapter or principally or partially with the object of increasing the amountof compensation payable under Chapter III or chapter IV;
(ii) a transfer in favour of one or more of the following relatives of the transferor that is to say,-- a wife , a husband , a child , a grand-child, a parent, a grandparent, a brother, a sister ‘s son, a daughter’s husband, a son’s wife, a wife’s brother or sister , ora brother’s wife.
Made between the 5th day of Mat, 1953 and he date of vesting shall be presumed to be not bona fide until the contrary is proved :
Provided that no such presumption shall be made in respect of transfer of land by an intermediary if the aggregate area of such land owned by the intermediary at any time between the 5th day of May , 1953 and the date of transfer did not exceed twenty acres in the case of non-agricultural land and twenty –five acres in extent in the case of agricultural land;
(iii) ‘transfer’ means a tansfer by sale, mortgage, lease, exchange or gift;
(iv) ‘transferor’ and ‘transferee’ include the successors in interest of a transferor or a transferee.
15B On and from the 1st day of June 1954, no estate, tenure or under-tenure shall be liable to be sold under the Bengal Land Revenue Sales Act, 1859 or the Cooch Behar Revenue Sales Act, 1897 or the Bengal Patni Taluks Regulation , 1819, or the Bengal Tenancy Act 1885, under any of those Acts or that Regulation shall be deemed to have been void and of no effect :
Provided that where by reason of the foregoing provision of this section, any estate, tenure or under –tenure is not sold, or whee such sale is void and of no effect, the arrears for which the estate, tenure or under-tenure would have been sold or wee sold, shall notwithstanding anything 1Section 5B was inserted with retrospective effect from the 1st day of June , 1954 by s. 3 of the West Bengal estates Acquisition (Second Amendment) Act, 1954 (West Ben. Act XXVIII pf 1954).
XI of 1859.
CoochBehar Act V of 1897.
Ben.Regn.VIII Of 1819.
Estate or tenure Not liable to be sold under ActXI of 1859, Cooch Behar Act V of 1897, Bengal Regulation VIII of 1819 and Act VIIIof 1885 14 Page……10.
(Chapter II. Acquisition of estates and of the rights of intermediaties therein. – Section 6.)
to the contrary in any other law, bear simple interest at the rate of ten per centum per annum from the date on which they become or became payable or from which the sale is deemed to have been void and of no effect, as the case may be up to the date immediately preceding the date of vesting of such estate, tenure or under-tenure.
Right of 6. (1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except Interme- in the cases mentioned in the proviso to sub-section (2) but subject to the other provi- Diary to sion of that sub-section, be entitled t retain with effect from the date of vesting-- Retain certain Lands.
(a) land comprised in homesteads;
(b) land comprised in or appertaining to buildings and structures 1[owned by the intermediary or by any person, not being a tenant ,holding under him by leave or licese];
2Explanation. – For the purposes of this clause ‘tenant’ shall not include a thika tenant as defined in the Calcutta thika Tenancy act, 1949; West Ben Act II of 1949.
(c) non-agricultural land in his khas possession 3[including land held under him by any person , not being a genant, by leave or license], not exceeding fifteen acres in area, and excluding any land retained under clause (a):
Provided that the total area of land retained by an intermediary under cclauses (a) and (c) shall not exceed twenty acres, as may be chosen by him:
Provided further that if the land retained by an intermediary under clause (c) or any part thereof is not utilised for a period of five consecutive years from the date of vesting, for a gainful or productive purpose, the land or the part thereof may be resumed by the State Government subject to payment of compensation detemined in accordance with the principles laid down in sections 23 and 24 of the land Acquisition Act, 1894; I of 1894.
(d) agricultural land in his khas possession, not exceeding twety-five acres in area , as may be chosen by him:
1These words within square brackets were substituted with retrospective effect for the words, “whether erected by the intermediary or not” by s. 4(1)(a) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
2This explanation was added with retrospective effect by s. 4(1)(b) , ibid.
3These words within square brackets were inserted with retrospective effect by s. 4(1) (c), ibid.
15 Page…..11.
(Chapter II. – Acquisition of estates and of the rights of intermediaties therein.- Section 6.)
1 Provided that in such portions of the district of Darjeeling as may be declared by 2notification by the State Government to be hilly portions, as intermediary shall be entitled to retain all agricultural land in His khas possession , or any part thereof as may be chosen by him;
(e) tank fisheries ;
Explanation.—“tank fishery” means a reservoir or place for the storage of water, whether formed naturally or by excavation or by construction of embankments, which is being used for pisciculture or for fishing, together with the sub-soil and the banks as ae included in a homestead such portion of the banks as ae included in a homestead or in a garden or orchard and includes any right of pisciculture or fishing In such reservoir or place;
(f) 3[subject to the provisions of sub-section (3),] land comprised in tea gardens or orchards or land used for the purpose of livestock breeding, poultry farming or dairy;
(g) 4[subject to the provisions of sub-section (3),] land comprised in mills, factories, or workshop;
(h) where the intermediary is a local authority,-- held 5 * * * * * by such authority , notwithstanding such land or any part thereof may have been let out by such authority :
6Provided that where any land which has been let out by any local authority is retained by such authority under this clause, no person holding such land shall have any right or occupancy therein, and every such person shall be bound to deliver possession of the land to the local authority when required by it for its purposes ;
1This proviso was substituted with retrospective effect for the original proviso by s.3(1) (a) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955).
2For notification declaring the areas comprised in the Sadar, Kurseong and Kalimpong subdivisions of the district of Darjeeling to be hilly portions for the purposes of the proviso to clause (d) of sub-section (1) of section 6 of the Act, see Notification No. 7348L.Ref.,dated 17.4.56, published in the Calcutta gazette of 1956 , part I, page 1543.
3These words ,brackets and figure within square brackets were inserted with retrospective effect by s. 3(1)(b) of the West Bengal Estates Acquisition (Amendment) Act, 1955(West Ben. Act XXXV of 1955).
4The words brackets and figure within square brackets wee inserted with retrospective effect by s.
3(1)(c),ibid.
5The words “in khas for public purpose” were omitted with retrospective effect by s. 4 (1) of the West Bengal estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960).
6Tis proviso was added with retrospective effect by s. 4(2), ibid.
16 Page…..12 .
(Chapter II. – Acquisition of estates and of the rights of intermediaries therein.—Section 6.)
1(i) where the intermediary is a corporation or an institution established exclusively for a religious or a charitable purpose or both, or is a person holding under a trust or an endowment or other legal obligation exclusively for a purpose which is charitable or religious or both –land held in khas by such corporation or institution , or person, for such purpose 2[including land held by any person, not being a tenant, by leave or license of such Corporation or institution or person] Ben.Act XXI (j) where the intermediary is a co-operative society registered or deemed to have been registered Of 1940. under the Bengal Co-operative societies Act, 1040, or a company incorporated under the Indian Companies Act, 19133, engaged exclusively in farming (and in business, if any, connected directly with such farming),--agricultural land in the khas possession of the society or the company on the 1st day of VII of 1913. January, 1952, and chosen by the society or the company , not exceeding in area the number of acres which persons, who were the members of the society or the company on such date, would have been entitled to retain in the aggregate under clause (d) , if every such person wee an intermediary :
Provided that where any such person retains any land under clause (d) , such person retains any land under clause (d), such person shall not be taken into account in calculating the aggregate area of the land which the society or the company may retain.
4(k) so much of requisitioned land as the intermediary would be entitled to retain after taking into consideration any other land which he may have retained under the other clasues;
Explanation.- ‘ requisitioned land’ means any land which was in the khas possession of the intermediary and which was requisitioned by Government under provisions of any law for the time being in force or was occupied by ------------------------------------------------------------------------------------------------------------------------------------------- 1This clause was substituted with retrospective effect for the original clause by s. 3(1)(d) of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955).
2These words within the square brackets were inserted with retrospective effect by s. 4(1) (d) of the West Bengal Estates Acquisition (Amendment) Act ,1961(West Ben. ActIX of 1961).
3The Indian Companies Act, 1913 (VII of 9131) was repealed and re-enacted by the Companies Act, 1956 (I of 1956).
4Clauses (k) and (I) were inserted with retrospective effect by s. 3(1) of the west Benal estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961).
17 Page…..13.
(Chapter II. – Acquisition of estates and of the rights of intermediaries therein .—Section 6.)
Government in pursuance of rule 49 of the defence of India rules and continued t be subject to requisition or occupation on the date mentioned in the notification issued under section 4;
1(1) so much of land in the unauthorised occupation of refugees from East Bengal immediately before the date of vesting as an intermediary would be entitled to retain after taking into considertation any other land which he may have retained under the other clauses;
Explanation.--- ‘Refugees from East Bengal’ includes those who are displaced persons within the West Ben. meaning of the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Act XVI of 1951. Occupation of Land Act, 1951.
2Exception.—3[Subject to the provisions contained in sub-section (3), nothing in this sub-section ] shall entitle an intermediary 4[or any other person] to retain any land comprised in a forest 5[or any embankment as defined in the Bengal Embankement Act,1882, the proper maintenance of which should , in the opinion of the State Government , be taken over by the State Government in the public interest.]
Ben. Act II Of 1882.
(2) An intermediary who is entitled to retain possession of any land under sub-section (1) shall be deemed to hold such land directly under the State from the date of vesting as a tenant, subject to such terms and conditions as may be prescribed and subject to payment of swuch rent as may be determined under the provisions of this Act and as entered in the record-of-rights finally published under Chapter V except that no rent shall be payable for land regferred to in clause (h) or (i) :
Provided that if any tank fishery or any land comprised in a tea-garden , orchard, mill, factory or workshop was held immediately before the date of vesting under a lese, scuh lease shall be deemed to have been given by the state Government on the same terms and conditions as immediately before such date 6[subject to such modification therein as the State Government may think fit to make.]
1 See foot-note 4 on page 12, ante.
2This paragraph was added with retrospective effect by s. 3 (1) (e) of the West Bengal Estates Acquisition (Amendment)Act,1955 (West Ben. Act XXXV of 1955).
3Substituted with retrospective effect for the words “Nothing in this sub-section” by s. 3(1) of the West Bengal Estate Acquisition (Amendment) Act, 1963 (West Ben. Act XXII of 1963).
4These words within the square brackets were inserted with retrospective effect by s. 4(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957).
5These words within the square brackets were inserted with retrospective effect by s. 4(1) (e) of the West Bengal Estates Acquisition (Amendment) Act, 1961(West Ben. Act IX of 91612).
6These words within the square brackets were inserted with retrospective effect by s. 4(2), ibid.
18 Page …….. 14.
(Chapter II. Acquisition of estates and of the rights of intermediaries therein. – Section 6.)
1(3) In the case of land comprised in a tea-garden, mill factory or workshop the intermediary, or where the land us held under a lease, the lessee, shall be entitled to retain only so much of such land as, in the opinion of the State Government, is required for the tea-garden, mill factory or workshop, as the case may be, and a person holding under to be an intermediary :
2Provided that the State Government may, if it thinks fit so to do after reviewing the circumstances of a case and after giving the intermediary or the lessee, as the case may be, an opportunity of being heard, revise any order made by it under this sub-section specifying the land which the intermediary or the lessee shall be entitled to retain as being requiredby him for the tea-garden, mill , factory ot workshop, as the case may be.
4Ex-planation.—In the case of land allowed to be retained by an intermediary or lessee in respect of a tea-garden, such land may include any land comprised in a forest if, in the opinion of the State Government , the land comprised in a forest is required for the tea-garden.
5(3A) Land which may be retained under clause (k) or clause (1) of sub-section (1) shall, if necessary, be demarcated in such manner a may be prescribed and shall be specified in an order made in this behalf by a Revenue Officer specially empoweree for the purpose by the State Government.
West Ben.Ac t 5(3B) In executing any order for eviction of persons in unauthorised occupation of land in pursuance of XVI of 1951. proceedings under the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation Of Land Act,1951 ,possession shall be given to the intermediary of only xso much of such land as he is entitled to retain under clause (1) of sub-section (1) anmd possession of any land in excess thereof shall be given to the Revenue Officer having jurisdiction over the area in which the land is situated.
5(3C) For the purpose of sub-section (3B) the officer or authority executing the order for eviction shall ascertain from the Revenue Officer referred to in sub- section (3A) particulars of the land possession of which may be given go the intermediaty.
VIII of 1885. 5(3D) Except as otherwise specifically provided in this Act or in the rules made there under, the provisions Cooch Behar of the Bengal Tenancy Act 1885 or the Cooch Behar Tenancy Act, 1910 shall not apply in the case of Act V of 1910. any land referred to in sub-section (2).
------------------------------------------------------------------------------------------------------------------------------- 1Sub-section (3) was added with retrospective effect bys. 3(2) of the West Bengal Estates Acquisition (Amendment) Act,1955 (West Ben. Act XXXV of 1955).
2This proviso was added with retrospective effect by s..2 of the West Bengal Estates Acquisition (Amendment) Act. 1969 (West Ben. Act XXXI of 1969).
3This Explanation was added with retrospective effect by s. 4 of the West Bengal Estates Acquisition (Amendment) Nact. 1957 (West Ben. Act IV of 1957).
4 This Exception ws added with retrospective effrect by s. 3(2) of the West Bengal Estates Acquisition (Amendment) Acy1963 (West Ben. Act XXII of 1963).
5Sub-section (3A) , (3B),(3C) and (3D) were inserted with retrospective effect by s.3(2) of the West Bengal Acquisition (Second amendment ) Act. 1961 (West Ben. Act XIX of 9161).
19 Page. ….15.
(Chapter II. Acquisition of estates and of the rights of intermediaries therein.—Section 7.)
1(4) In the case of lands comprised in a forest 2[or in any embankment, referred in the Exception to subsection (1)] and held by a person other than an intermediary which vest in the State, such person shall, for the purpose of assessment of compensation, , be deemed to be an intermediary.
1(5) An intermediary shall exercise his choice for retention of land under sub-section (1) within such time and in such manner as may be prescribed. If no choice is exercised by him during the prescribed period, the Revenue Officer shall , after giving him an opportunity of being heard, allow him to retain so much of the lands as do not exceed the limits specified in clauses (c), (d) and (j) of that sub-section :
Provided that nothing in this sub-section shall require an intermediary to exercise the choice if he has already done so before the date of coming into force of the West Bengal Acquisition (Second Amendment) Act.
1957.
West Ben.
Act.
XXV 1957.
Arrears of 37. (1) All arrears of land revenue, cesses, taxes and other impositions by the State relating to any period Land revenue, prior to the date of vesting lawfully recoverable from any intermediary in respect of 4[his share in] any Cesses, taxes and estate which vests in the State under section 5 shall , after the date of vesting, continue to be recoverable Impositions due from such intermediary, and shall, without prejudice to any other mode of recovery, be recoverable under From any inte- an order of a Collector by deduction of the amount of such arrears from the money 5 [which such inte - Rmediary. Rmediaty is entitled to receive as compensation ] under this Act :
6 Provided that where the intermediary agrees in writing that the whole of the compensation money payable to him including the amount recovered by the State government under the provisions of section 9, if any, amy be adjusted against the arrears recoverable from the intermediary undr this sub-section, no other mode of recovery shall be adopted for the recovery of any such arrears, except the balance, if any, remaining due after such adjustment, and suits and proceedings, if any, pending for the recovery of any scuh arrears shall remain stayed until such adjustment has been made.
1Sub-section (4) and (5) were inserted with retrospective effect by s. 4(b) of the West Bengal estates Acquisiton (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957).
2These words within the suare brackets were inserted by s. 3(3) of the West Bengal estates Acquisition (Amendment )_Act, 1963 (West Ben. Act. XXII of 1963.)
3Section 7 was substituted with retrospective effect for the original section by s. 4 of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955).
4These words within the square brackets were inserted with retrospective effect by s. 5 of the West Bengal estates Acquisition (Amendment) Act, 1961 (West Ben act IC of 1961).
5 These words within the square brackets substituted with retrospective effect for the words “payable as compensation to scuh intermediary” by s. 3 of the West Bengal estates Acquisition (Amendment) Act, 1964 (West Ben. Act XXII of 1964).
6This proviso was substituted for the original proviso s.2 of the West Bengal estates Acquisition ( ( Second Amendment) Act, 1973 (West Ben. Act XXXIII of 9173).
20 Page. …..16.
(Chapter II. Acquisition of estates and of the rights of intermediaries therein.—Sections 8,9.)
(2) In computing the period of limitation for the institution of any suit or proceeding for the recovery of any arrears referred to in sub- section (1), the time taken for adjustment of the arrears in accordance with the proviso to sub-section(1) shall be excluded.
rears of rent due 8. All arrears of rent and cesses 1[together with interest thereon and other amounts lawfully recoverable by] an intermediary any intermediaty on the date of vesting from any person, in respect of any interest of such intermediary which nd decrees and vests under section 5, and all sums due from such person in respect of anyn decree fro arrears of rent in respect such arrears. Of such person in respect having the effect of a rent-decree or money-decre and whether obtained before or after The dare of vesting, and the execution of which is not barred by limitation, shall continue to be recoverable by such Intermediary 2 * * * :
3[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 provisions of section 26 of this Act :]
n.Act IX 4 Provided further that of on the date of vesting a notification under section 99 of the Cess Act, 1880, was in force in
1880. respect of any interest of an intermediary or if any interest of a intermediary was let in farm or maaged by a Collector under clause (b) or clause (c) of section 73 of the Bengal embankment act, 1882, then in computing the period of limitation for the institution of any suit or proceeding by the intermediary for the recovery of any arrears of rent orcesses in respect of such interest, the period during which such notification was in force or duting which the interest was let in farm or managed by the Collector , shall be excluded.
tion to have 9. 5(1) An intermediary may 6 * * * apply to the State Government for recovery by the State rears collected Government for recovery by the State Government of all sums recoverable by him under the provisions of section .
rough the State vernment on rtain conditions.
------------------------------------------------------------------------------------------------------------------------------------------- 1These words within the square brackets wre substituted with retrospective effect for the words “together with interest thereon remaining due to” by s.5 of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben Act XXXV of 1955).
2The words “and shall without prejudice to any other mode of recovery be recoverable by attachment of any money that may be payable as compensation to such person under this Act” were omitted by s. 4 of the West Bengal estates Acquisition ( Second Amendment) Act, 1954 (West Ben. Act XXVIII of 9154)> 3 This proviso within the sqare brackets was added by s.4, ibid.
4This further proviso was added with retrospective effect by s. 5 of the West Bengal estates Acquisition (Amendment) Act, 1957 (West Ben. Act IV of 1957).
5This sub-section was substituted with retrospective effect for the original sub-section bv s. 6(1) of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955).
6 The words “at any time within twelve months from the date of vesting.” Were omitted with retrospective effect by s. 6(a) of the West Bengal estates Acquisition (Amendment) Act, 1957 (West Ben. Act IV fo 1957).
21 Page …..17.
(Chapter II. Acquisition of estates and of the rights of intermediaries therein.--- Section 9.)
(2) The State Government may grant or refuse such application as it thinks fit 1[but no such application shall be granted if made after the expiry of twelve months from the date of vesting unless the intermediary makes an agreement in writing referred to in the proviso to sub-section (1) of section 7].
(1) If the State Government grants the applications, it shall be competent for the State Government to recover 2[all such sums] as if they were public demands, or in any other manner as of the State Government were the intermediary :
3Provided that if any such sum be recoverable from more persons than one who are co-sharers and who are jointly and severally liable to pay such sum, the extent of liability of each such co-sharer shall first of all be ascertained by the Court in which, or the Officer before whom,proceedings in execution are taken, and no such proceedings shall, after the passing of the West Bengal Estates Acquisition (Amendment) Act , 1961, be continued st Ben. against all the co-sharers until the proceedings against each co-sharer in respect of his individual liability as so ct IX of 1961 ascertained have been wholly or partially unsuccessful.
(2) The State Government shall, from time to time in accordance with such rules as may be prescribed, send to the intermediary, accounts of the 4[amount recovered in pursuance of sub-section (3)],5[and shall, subject to the terms of the agreement made in compliance with sub-section (2), where such an agreement is made, pay] to the intermediary 6[the amount so recovered after deducting therefrom the actual cost of recovery subject to an minium of twenty per centum of the amount recovered ]. Such accounts shall be treated as conclusive and shall not be questioned in any manner.
(3) The State Government shall not be liable if it fails to recover the whole or any portion of 7[the sums referred to in sub-section (1)].
1These words within the square brackets were added with retrospective effect by s. 6(b) of the West Bengal estates Acquisition (Amendment) Act, 1957 (West Ben Act IV of 1957).
2These words within the square brackets were substituted with retrospective for the words “such arrears aforementioned” by s. 6(2) of the West Bengal estates Acquisition (Amendment) Act 1955 (West Ben. ACT IX of 1955.)
3This proviso was added by s. 6 of the West Bengal estates Acquisition (Amendment) Act ,1961 (West Ben. Act IX of 1961).
4These words within the square brackets were substituted with retrospective for te words”amouns of arrears aforementioned actually collected” by s. 6(3)(a) of the West Bengal estates Acquisition (Amendment) Act , 1955 (West Ben. XXXV of 1955).
5These words within then square brackets were substituted with retrospective effect for the words “and shall pay”by s. 6(c) of the West Bengal estates Acquisition (Amendment) Act 1957 (West Ben. Act IV of
1957.)
6These words within the square brackets were substituted retrospective effect for the words “hald of the amount so collected and retain the other half for itself”by .s 6(3)(b) of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben ActXXXV of 1955).
7.Substituted with retrospective effect for the words “such arrears aforementioned” by s. 6(4), ibid.
22 Page…..18.
( Chapter II. Acquisition of estates and of the rights of intermediaries therein.--- Section 10.)
llector to take 10. (1) Upon the publication of any notification under section 4, the Collector shall take charge of s arge of estates estates and interest s of intermediaries which vest in the State under section 5.
d rights of ermediaries (2). For the purpose as aforesaid, the Collector may, by a written order served in the prescribed sted in the State. Manner , require any intermediary or any person in possession (khas or symbolical) of ay 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 paper 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 respec tof such estate or such interest.
(3) The Collector or any other officer authorised by him in this behalf may take such steps or muse such force, as may be necessary to enforce compliance with the order and may also enter any building orm place for the purpose of taking possession of documents , registers, records or collection papers referred to un subsection(2).
(4) An intermediary shall be entitled in accordance with such rules as may be prescribed, to take inspection of any documents, registers, records, or collection papers which have been delivered to or taken possession of by the Collector, to make notes therefrom or to have certified copies thereof gtanted to him. Nofees shall be charged for taking inspection or for making notes but fees may be charged according to the prescribed scale for certified copies. Certified copies granted under this sub-section shall be admissible in evidence.
(5) Nothing in this section shall authorise the Collector to take khas possession of any estate or of any right of an intermediary therein, which may be retained under section 6.
1(6) If after any estate or any interest therin of an intermediary has vested in the State under section 5, the intermediary or any other person possesses any land which was in the khas possession of the intermediary before the date of vesting but which the intermediary has not retained or cannot retain under section 6, then whether possession of scuh land has been taken by the Collector in pursuance of sub-section (2) or not, the intermediary or such other person shall be liable for the period for which he is in possession of such land to pay- --
(a) where such possession is authorised by the licence of the Collector, such licence fee as may have been agreed upon between him and the Collector, or in the absence of any agreement, as shall be calculated at the rate of Rs. 10 per acre per annum, or 1Sub-section (6) and (7) were inserted with retrospective effect by s. 2 of the West Bengal estates Acquisition (Amendment) Act, 1966 ( Wset Ben. Act XIV of 1966).
23 Page. …..19.
(Chapter II. Acquisition of estates and of the rights fo intermediaries therein.--- Section 11.)
1(b) where such possession is not authorised by the Collector, such damages for use and occupation of such land as may be determined by the Collector, after giving the intermediary or such other person an opportunity of ebing heard, at rate not exceeding---
(i) in the case of agricultural land , twenty-five per centum of the money value of the gross annual produce of such land ;
(ii) in other cases, ten per centum of the market value of the land per annum.
2(7) Any amount payable under sub-section (6) on account of licence fee or damages, as the case may be , shall be recoverable as a public demand :
3Provided that where damages are due from an intermediary, the same may, without prejudice to any other mode of recovery, be set off under an order of the Collector against the compensation payable to the intermediary under this Act.
nalty for non-com- 11. (1) If any person on whoman order has been served under sub-section (2) of section 10, wilfully fails or ance of Collector’s neglects to comply with all or any of the directions given in such order within the time specified therein or der. Within such further time as the Collector may allow or withholds any documents registers, records or collection paoers, 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 grater ;
(b) in the case of an intermediary who is not a proprietor,-- to fiv times the annual rent payable by him or to one thousand rupees, whichever is greater ;
(c) in other cases,--- to one thousand rupees.
(2) An appeal against any order of the Collector under sub-section (1), if preferred within sisty days of such order , shall lie to a Special Judge appointed for the purpose of this section and such Special Judge shall dispose of the appeal according to the prescribed procedure.
1Clause (b) was substituted for the original clause by s. 2(a) of the West Bengal estates Acquisition (Amendment) Act,1975 (West Ben. Act XXI of 1975).
2 See foot -note 1 on page 18, ante.
3This proviso was added by s. 2(b) of the West Bengal estates Acquisition Act, 1975 (West Ben. Act XXI of 1975).
24 Page. …..20.
( Chapter II. Acquisition of estates and of the rights of intermediaries therein. – Section 12.)
(3) The fine imposed under sub-section (1) or as confirmed or varied on any appeal therefrom shall be paid within sixty days of the order imposing the fine, or the order on appeal , as the case may be , and in default of such payment shall be recoverable as a public demand.
yment of ad interim 12. 1[(1)] Every intermediary whose estate or interests have vested in the State and have been taken charge of by mpensation. The Collector under section 10 shall be entitled to receive in cash, in respect of such estate or interests at Such manner as may be prescribed, an annual ad interim payment of 2[ 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 3[bonds , the adjustment shall be first against the compensation payable in cash 4(and the interest on such compensation payable under this Act) and then, if necessary, against the compensation payable in bonds :]
Provided that the first annual ad interim payment shall be made within eighteen months from the date of vesting 5 and no ad interim payment shall be made [after assessment of the compensation payable to the intermediary and publication on the Compensation Assessment Roll under sub-section(1) of section 14 or subsection (5) of section 15, as the case may be :]
------------------------------------------------------------------------------------------------------------------------------------------- 1The original section 12 was renumbered as sub-section (1) of that section by s. 5 of the West Bengal estates Acquisition (Second Amendment) Act, 1954 (West Ben. Act XXVIII of 1954).
2These words within the square brackets wee substituted for the words”one third of the net approximate annual income from such estates and interests calculated in the prescribed manner” by s. 4 of the West Bengal estates Acquisition ( Second Amendment) Act, 1961 (West Ben. Act XIX of 1961).
3These words within the square brackets were substituted for the words”annual instalments, the adjustment shall, as far as practicable,be against the instalments,” by s 7(1) (a) of the West Bengal estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
4These words within first brackets were inserted with retrospective effect by s. 4 of the West Bengal estates Acquisition (Amendment) Act, 1964 (West Ben. Act XXII of 1964).
5The words “and no adinterim payment shall be made after the date of final publication under section 21 of the Compensation assessment Roll in respect of such intermediary”wee originally added with retrospective effect by s. 7(1) of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955), and thereafter these Acquisitoon within square brackets were substituted for the words”after the date of final publication under section 21 of the Compensation Assessment Roll in respect of such intermediary”by s. 5 of the West Bengal estates Acquisition (Amendment) Act, 1960 (West Ben. Act.XVII of 1960).
25 Page. …..21.
( Chapter II. Acquisition of estates and of the rights of intermediaries therein.--- Section 12.)
1Provided further thatn where havinregard to the financial position and other circumstances, if any , of an intermediary or a class of intermediaries or of a person or a class persons entitled to receive compensation unthe the provisions of this Act, the State Government considers it necessary so to do, the State Government may, by order direct ad interim payment to such class of persons of such amounts and at such intervals as may be specified in the order, the amount so paid being adjusted in the manner laid down in the foregoing provisions of this sub-section.
2(2) Notwithstanding anything contained in sub-section (1), where the estate or interest of an intermediary referred to in clause (i) of sub-section (1) of section 6 has vested in the State and has been taken charge of by the collector under section 10, such intermediary shall be entitled to receive an annual ad iterim payment of the approximate net annual the intermediary has retained under the provisions of sub-section (1) of section 6, subject to deduction or adjustment in such manner as may be determined in this behalf by the Compensation Officer against the annuity payable under the proviso to sub-section (1) of section 17.
3(3) It shall be competent, notwithstanding anything to the contrary elsewhere in this act or in any enacment or any general principle of law, to make any payment of any compensation(ad inteim or final) under this act,--
(a) in the cae of a minor, to the guardian of such minor, and
(b) in the case of a lunatic, to the manager of the estate of such lunatic appointed under the Indian IV of 1912. Lunacy Act, 1912:
Provided that except in the case of the following classes of guardians, that is to say,
(i) a natural guardian.
(ii) a guardian appointed by the will of a minor’s father of mother,
(iii) a guardian appointed or declared by a court, and 1The second proviso to section 12 was originally added to that section by s. 5(1) of the West Bengal Estates Acquisition (Second Amendment) Act, 1954 (west Ben. Act XXVIII of 1954). And thereafter this proviso was substituted for the proviso originally added by s. 7(1) (b) of the West Bengal Estates Acquisition (Amendment) Act 1961 (West Ben. Act IX of 1961).
2Sub-section (2) was originally added to this section by s. 5(2) of the West Bengal Estates Acquisition (Second Amendment) Act 1954 (West Ben. Act, XXVIII of 1954), and thereafter this subsection was substituted with retrospective effect for the sub-section originally added by s.7(2) of the West Bengal Estates Acquisition (Amendment) Act , 1955 (West Ben. Act XXXV of 1955).
3Sub-section (3) was added wity retrospective effect by s. 7 of the West Bengal Estates Acquisition (Amendment) Act 1957 (West Ben. Act IV of 1957).
26 Page. ….22.
( Chapter II. – Acquisition of estate and of the rights of intermediaries therein. – section 13.--- Chapter III.— Assessment and payment of compensation . --- Section 14.)
(iv) a person empowered to act as or exercise the powers of a guardian by or under any enactment relating to court of wards.
No payment as aforesaid shall be made unless the guardian furnishes security in accordance with prescribed rules.
1(4) An intermediary who is a limited owner shall be entiled to receive ad interim payment to the extent of the amount of interest calculated in accordance with the provisions of this Act on the estimated total compensation payable for the estate or interests vesting in the State.
nagement 13. All estats and all interests of intermediaties therein, which have vested in the State under a estates and notification under section 4 and which have been taken possession of by the Collector under erests of section 10 shall be managed according to such rules as the State Government may from time to ermediaries time make in this behalf :
sted in the te.
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 statutory authority shall manage such estates and such interests in accordance with rules made by the State Government in this behalf.
CHAPTER III Assessment and payment of compensation.
paration of 214. (1) The Compensation Officer shall 3 * * * * * mpensation prepare in respect of all intemediaties having lands in the norified area or in any part thereof sessment over which the Compensation Officer has jurisdiction, a Compensation Assessment Roll on Roll on the basis of the record-of-rights prepared and finally published under Chapter V and publish the same in such manner as may be prescribed.
1Sub-section (4) was added by s. 7(2) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
2Section 14 was substituted for the original section by s. 6 of the West Bengal Estates Acquisition (Amendment) Act , 1960 (West Ben. Act XVII of 1960).
3 The words,”within ten years of the date ov vesting “, were omitted by s. 5 of the West Bengal Estates Acquisition (Amendment) Act , 1964 (West Ben. Act XXII of 1964).
27 Page. …23.
( Chapter III. Assessemnt and payament of cpmpensation section 15.)
(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 payable in accordance with the provisions of this Act and such other particulars as may be presctribed.
(3) Every intermediary who has a share in any estate or interest which has vested in the State under section 5, shall be treated separately for assessment of comepensation;
Provided that any intermediary who acquired by a voluntary transfer made after the 1st day of January , 1952, a share in any estae or interest, not being the entire share of the transferor, shall not be treated separately.
ling and disposal 115. (1) within one month of the publication of the Compensation Assessment roll under of bjection to section 14----- mpensation sessmetn Roll (a) an intermediary may file before the Compensation Officer an objection in writing in the p epared under section prescribed form in respect of any entry therin, or any omission therefrom relating to his and preparation roll in estates, interests or income;
pect of intermediaries (b) an intermediary having estates or interests in any other area or areas shall submit to the ving interests in more Compensation Officer a statement in the prescribed form containing particulars of all his n one area. Estaes and interests wherever situated and the income therefrom.
(2) The Compensation Officer shall, except in a case where an intermediary has filed a statement under clause (b) of sub-section(1), hear and dispose of any objection filed under clause (a) of the said sub-section according to such procedure as may be prescribed.
(3) When an intermediary files a statement under clasue (b) of sub-section (1), the Compensation Officer shall forward it to the Collector 2 * * *..
(4) On receipt of any statement forwarded to him under sub-section (3), the Collector shall—
(a) refer thecase to such Compensation Officer as may be specially 3 appointed by the State Government in this behalf for assessment of compensation when it appears from the statement that all the estates and interests of the intermediary are situated within the district;
1Section 15 was substituted for the original section by s. 7 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960).
2 The words “of the district” were omitted by s. 6 of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act XIX of 1961).
3 For Notification relating to special appointment of Compensation Officers for the purpose of section 15(4) (a) and (b) of the Act, see Notification No. 17184L. Ref., dated the 19th November, 1960, published in the Calcutta Cazette, Extraordinary of 1960, Part I, page 3034.
28 Page. …..24.
( Chapter III. – Assessment and payment of compensation--- Sections 15A, 16.)
(b) refer the case to such Compensation Officer as may be specially 1 appointed by the State Government in this behalf for assessment of compensation when it appears from the statement that the estates and interests of the intermediary are situtated in more than one district.
(5) When cases have been referred to a Compensation Officer under clause (b) of sub-section (4), such compensation Officer shall prepare a Compensation Assessment Roll in respect of all the intermediaries whose cases have been so referred and publish it in such manner as may be prescribed . The procvisions of section 14 shall apply mutates mutandis to the preparation of such Compensation Assessment roll.
ling and disposal of 215A. 3[An intermediary may, within three months] of the publication of the Compensation jection to Compensation Assessment Roll referred to in sub-section (5) of section 15, 4 * * * file before the sessment Roll prepared Compensation Officer an objection in writing in respect of any entry therein or any omission der subsectio (5) of therefrom relating to his estaes, interests or income and the Compensation Officer shall ction 15. 5[thereupon] hear and dispose of such objection according to such procedure as may be prescribed.
oss income and net income. 16. (1) For the purpose of the preparation of the Compensation Assessment Roll 6 * * *
(a) the gross income of an intermediary shall be taken to consist of---
(j) the aggregate of the rents and cesses payable or deemed to be payable to him for the previous agricultural year bu his immediately subordinate tenants including 7[the average value of any rent in kind which was payable by such tenants during seven years immediately preceding the date of vesting commuted and determined] in the prescribed manner 8 * * * *;
1See foot-note 3 on page 23, ante.
2 Section 15a was inserted by s. 8 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960).
3These words within square brackets were substituted fir te words “within three months” by s. 7(1) of the West Bengal Estates Acquisition ( Sectond Amendment) Act, 1961 (West Ben Act XIX of 1961).
4The words “an intermediary may” were omitted by s. 7(2) , ibid.
5This word within the square brackets was inserted by s. 7(3) , ibid.
6The words “for any notified are” were omitted by s. 9 (1) of the West Bengal Estates Acquisition (Amendment) Act , 1960 (West Ben, Act XVII of 1960).
7These words within square brackets were substituted for the words “the commuted value of rents in kind of such tenants determined” by s. 9(2) (a) (i) , ibid.
8The words “and subject to the provisions of section 40”wee omitted by s.9(2)(a)(ii), ibid.
29 Page. ….25.
( Chapter III. Assessment and payment of compensation.---- Section 16.)
1(ii) in respect of khas land which the intermediary does not retain under sub-section (1) of section 6 , the annual income of such land determined in the prescribed manner;
(ii) the income derived from hats, bazars, ferries, fisheries, tools and other sairati interests, calculated on the basis of the average annual income for five agricultural yeatrs immediately preceding the agricultural year in which the date of vesting falls or for such shorter period for which evidence is available;
2iv) in respect of forest the average annual income from the forests for twenty-five agricultural years immediately preceding the agricultural year in which the date of vesting falls as determined by a Officer 3appointed in this behalf by the State Government on the following basis:-- st Ben. Act XIV of 1948. (I) for the period after the commencement of the West Bengal Private Forests Act, 1948,--- (A) where the forests have been under the management of private owners in accordance with working plans approved under that Act, the annual income yielded by the forests, and (B) in other case, the annual income calculated on the basis of the income determined under sub-paragraph (A) for similar forests in the area or in the district or, if there is no similar forest in the area or in the district, for similar forests in any other area or district.
------------------------------------------------------------------------------------------------------- 1Sub-clause (ii) was originally substituted with retrospective effect for the original sub-clasue by s. 8 of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955), and thereafter this sub-clause was substituted by s. 9(2) (b) of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960).
2Sub-clause (iv) was originally substituted with retrospective effect for the original sub-clause by s. 8
(1) of the West Bengal Estates Acquisition (Amendment) Act , 1957 (West Ben. Act IV of 1957), and thereafter this sub-clause was substituted by s. 8 (1) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
3For Notification relating to the appointment of ---
(a) the Divisional forest Officer, Malda for the purposes of s. 16(1) (a)(iv) of the Act, see Notification No, 6198L. ref., dated 3.4.58 , published in the Calcutta gazette of 1958, Part I, page 1248,
(b) the Divisional Forest Officer for the purposes of s. 16(1)(a)(iv) of the Act within the jurisdiction of the Bankura division , see Notification No, 7348L Ref., dated 19.4.58 published in the Calcutta Gazette of 1958, Part I page 1324,
(c) the Divisional forest Officers of East Midnapore , West Midnapore, Birbhum and Burdwan Divisions ot be Divisional forest Officer, see Notification No. 19788L. Ref., datee 29.9.58 , published in the Calcutta Gaqztte of 1958, Part I , page 3550.
30 Page. …..26.
( Chapter III. --- Assessment and payment of compensation section 16.)
West Ben. Act XIV (II) for the period before the commencement of the west Bengal Privat forests act 1948,---- Of 1948.
(A) wee evidence as to the income yielded by the forests is available, the annual income according to such evidence, and (B) where no such evidence is available , the annual income calculated on the basis of the income determined under sub-paragraph (A) for similar forests in the area or in the district or, if there is no similar forest in the area or in the district, for similar forests in any other area or district :
(iii) the annual income derived during the previous agricultural year from any other interest of such intermediary not expressly mentioned in sub-clauses (i) to (iv) , but excluding income derived from mines directly worked by the intermediary or from leases of mines and mirerals granted by him.
(b) the net income of an intermediary shal, be computed by deducting from his gross income the following , namely:--
(i) any sum payable 1[or deemed to be payable] by such intermediary during the previous agricultural year as land revenue, cesses or rent, 2[ including the average value of any rent in kind which was payable by him during seven years immediately preceding the date of vesting commuted and detemined in the prescribed manner], if any, to the State Government or to his immediately superior landlord , as the case may be ,in respect of the interests to which his gross income relates ;
Ben. Act IV of 1944, 3(ii) the average of all sums payable as tax under the Bengal agricultural Income –tax I of 1922. Act, 1944, or the Indian Income-tax Act, 19224, in respect of the interst to which his gross Income relates, for the seven years ending on the 31st day of March , 1955 or any shorter Period for which evidence is available;
(ii) the expenditure calculated on the basis of the average expenditure for ficve agricultural years immediately preceding the agricultural year in which the date of ---------------------------------------------------------------------------------------------------------------------------- 1These words within the square brackets were inserted by s. 9(3)(a)(i)of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960) 2These words within the square brackets were inserted by s. 9(3)(a)(ii),,ibid.
3Sub-clause (ii) was substituted for the original sub-clause by s. 9(3)(b) ibid.
4The Indian Income-tax Act, 1922 was repealed and re-enacted by the Income –tax Act, 31 Page. …. 27 ( Chapter III. --- Assessement and payment of compensation .--- section 16.)
vesting falls or for such shorter period for which evidence is available , incurred by such intermediary on account of the maintenance of any irrigation or protective works which he is bound by law or under any agreement to maintain, in respect of interests to which his gross income relates or where such expenditure should have been incurred but was not so incurred, an amount calculated inn the prescribed manner;
(iv) charges on account of management and collection at the following rates, namely :- 1Table Amount of gross income Rate.
(i) Where the gross income does not exceed Rs. 2,500. Nil.
(ii) Where the gross income exceeds Rs. 2,500 but does Two and a half per centum of not exceed Rs. 5,000. the gross income.
(iii) Where the gross income exceeds Rs. 5,000 but does Four per centum of the gross not exceed Rs. 10,000. income.
(iv) Where the gross income exceeds Rs. 10,000 but does Seven and a half per centum not exceed Rs. 15,000. of the gross income.
(v) Where the gross income exceeds Rs. 15,000 but does Ten per centum of the gross not exceed Rs. 25,000. income.
(vi) Where the gross income exceeds Rs. 25,000. Fifteen per centum of the gorss income :
2Provided that where deduction of such charges, at the rates specified above, from gross income yields no net income, the Collector shall, notwithstanding anything contained in this clause, fix by actual figures, subject to the approval of the State Government, such charges on account of management and collection as he may consider to be reasonable having regard to the circumstances of each particular case.
----------------------------------------------------------------------------------------------------------------------- 1This table of rates was substituted for the original table of rates by s. 8(2) (a) of the West Bengal Estates Acquisition (Amendment) act, 1961 (West Ben. Act IX of 1961).
2this proviso was added with retrospective effect by s. 8(2) of the West Bengal estates Acquisition (Amendment) act, 1957 (West Ben. Act IV of 1957).
32 Page. ….. 28.
( Chapter III. – Assessment and payment of compensation. --- Section 16A.)
1[(v) any sum payable by such intermediary out of the income from hisestates or interests which have vested I the State under section 5 to any person or institution exclusively for a religious or a charitable purpose or both by vorute of any charge on such income created by operation of law or by a decree of any court or by an instrument in writing.]
2(vi) any sum payable be such intermediary out of the income of an estate or interest which has vested in the State under section 5, to a corporation or an institution established exclusively for a religious or a charitable purpose or both or to a person holding under a trust or an endowment or other legal obligation exclusively for a purpose which is charitable or religious or both , where suchy estate or interest was held partly for a religious or charitable purpose and partly for a purpose other than religious or charitable.
Explanation.--- Any income from a wakf, trust or an endowment which is payable for the support of the founder or his family or descendants shall not be deemed to be income payable for a religious or charitable purpose.
(2) In the case of a recusant proprietor of a temporarily –settled estate, the malikana received by such proprietor in respect of the previous agricultural year shall be deemed to be the net income of such proprietor.
Explanation .----- For the purposes fo this section” previous agricultural year” means the agricultural year immediately preceeding the agricultural year in which the date of vesting falls.
clusion of estates 316A A Compensation Officer shall, in preparing under section 14 or section 15 a Compensation d interests relating Assessment Roll, exclude from the income of an intermediary whose rights in mines and mines and minerals. Minerals and shall after assessment of compensation for his other estates and interess refer the case to the Compensation Officer appointed under Chapter IV for assessment of compensation in accordance with the provisions of that Chapter.
---------------------------------------------------------------------------------------------------------------------------- 1Sub-clause (v) was inserted by s. 8(2) (b) of the West Bengal estates Acquisition (Amendment) Act.
1961 (West Ben. Act IX of 1961).
2Sub-clause (vi) was added by s. 5 of the West Bengal estates Acquisition (Amendment) act 1963 (West Ben. Act XXII of 1963).
3Section 16A was inserted by s. 10 of the West Bengal Estates Acqisition (Amendment) act, 1960 (West Ben. Act XVII of 1960).
33 Page. …. 29.
( Chapter III. – Assessment and payment of compensation.--- section 17.)
sessment of compen- 17. (1) After the net income has been computed under section 16, the Compensation Officer ion. Shall 1 * * * * * proceed to detemine the amount of compensation payabloe to intermediaries in accordance with the following table, namely :--- Table Net income. Amount of compensation payable.
For the first Rs. 500 of less of net income. Twenty times of such net income.
For the next Rs. 500 or less of net income. Eighteen times of such net income.
For the next Rs.1000 or less of net income. Seventeen times of such net income.
For the next Rs. 2,000 or less of net income. Twelve4 times of such net income.
For the next Rs. 1,000 or less of net income. Tem times of such net income.
For the next Rs. 15,000 or less of net income. Six times of such net income.
For the next Rs. 80,000 or less of net income. Three times of such net income.
For the balance of the net income. Two times of such balance of net income.
2Provided that in the case of an intermediary referred in clause (i) of sub-section (1) of section 6, compensation payable to such intermediary shall be perpetual annuity3, or where the interest of the intermediary is terminable or is liable to be exhausted, an annuity for such number of years as 3[may be prescribed ], having regard to the circumstances, equal to the net annual income from the estate or interest of such intermediary excluding the portion thereof which the intermediary has retained under the provisions of sub-section (1) of section 6:
---------------------------------------------------------------------------------------------------------------------------- 1The words,”for the purpose of preparing the Compensation assessment Roll for the notified area,” were omitted by s.11 of the West Bengal Estates acquisition (Amendment) Act , 1960 (West Ben. Act XVII of 1960).
2This proviso was substituted with retrospective effect for the original proviso by s. 9 of the west Bengal Estates Acquisition (Amendment) Act. 1955 (West Ben. Act XXXV of 1955).
3The words, “or where the interest of the intermediary is terminable or is liable to be exhausted, an annuity for such number of years as the State Government may prescribe by rules, having regard to the circumstances ,” were inserted with retrospective effect by s. 9 of the West Bengal Estate Acquisition (Amendment) Act, 1957 (West Ben. Act IV of 1957), and thereafter the words within the square brackets were substituted for the words “the State Government may prescribe by rules” by s. 11(b) of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960).
34 Page. ….30.
( Chapter III. – Assessment and payment of compensation.--- Section 17.)
1Provided further that in the case of an intermediary---
(a) Whose income consisted only of rent in kind the commuted value of which does not exceed Rs. 1,000 per year, or
(b) whose income from rent in kind taking the commuted value thereof together with his other income from his estates or interests which have vested in the State under section 5 does not exceed the sum mentioned in clause (a).
the compensation payable to such intermediary shall be an annuity, payable for a period of twenty-five years, equal to the net annual income from the estates or interests in respect of which the intermediary received rent in ki9nd and in the case of an intermediary mentioned in clause (b) , the amount of such annuity shall be excluded from his net income for the purpose of assessing the compensation payable to him under the general provisions of sub-section (1).
(2) (a) Where an intermediary is the holder ofa temporary interest the compensation payable to such intermediary n respect of such interest2 [shall not exceed the amount of net income which the intermediary woruld have derived from such interest during the unexpired period thereof],or
(b) where the interest of an intermediary is subject to a usufructuary mortgage, the compensation payable tomsuch intermediary shall be apportioned between him and his usufructuary mortgageee 3[in such proportions as may be just and fair having regard to the nexpired period of the usufructuary mortgage];
5(3) The sum referred to in sub-clause (v) or sub-clause (vi) of clause (b) of sub-section (1) of section 16 shall be payable to the corporation, institution or person, as the case may be, as a perpetual annuity.
---------------------------------------------------------------------------------------------------------------------------- 1The further proviso was added by s. 9(1) of the West Bengal Estates acquisition (Amendment) act, 1961 (West Ben. Act IX of 1961).
2These words within the quare brackets were substituted for the words”shall be paid out of the compensation which would,but for the existence of such tempiorary interest, be payable to his immediate superior landlord” by s. 9(2) (a) , ibid.
3These words within the sqare brackets were inserted by s. 9(2)(b) , ibid.
4The words beginning with “and the Compensation Officer” and ending with “temporary interest or the usufructuary mortgage” were omitted by s. 9(2) © ibid.
5Sub-section (3) was originally added by s. 9(3) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Be. Act IX of 1961) and thereafter this sub-section was substituted s. 6 of the West Bengal Estates Acquisition (Amendment) Act, 1963 (West Be. Act XXII of 1963).
35 Page. ….31.
( Chapter III. – Assessment and payment of compensation.___ Sections 18-21.)
18. [Preliminary publication of Compensation Assessment Roll and disposal of objections .--- Omitted by s. 12 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben.
Act XVII of 1960).
ntents of the order 19. The order of the Compensation Officer deciding an objection under 1[section 15 or section Compensation Officer. 15A] or an order under sub-section (2) of section 25 shall contain a con cise statement of the case, the points for determination, the decision thereon and the reasons for such decision.
pea.ls. 20. (1) An appeal, if presented within ninety days from the days of order appealed against, shall lie from ever order passed by a Compensation Officer under 2[section 15 or section 15A] or under proviso (b ) of sub-section (2) of section 25 to a special Judge appointed for the purpose of this section.
t V of 1908. (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.
al publication 21. (1) When no objection has been field or when all such objections have been disposed of, the the Compensation Compensation Officer shall make such alterations, if any, in the 3* Compensation Assessment Roll sessment Roll. As may be necessary to give effect to any order passed on objections made under 4[section 15 or section 15A] 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 sub-section (1) shall be conclusive evidence that the said roll has been duly made under this Chapter and every entry in such roll so finally published shall, subject to any modification by any order on appeal under section 20 5[or on revision under section 22], be conclusive evidence of the matters referred to in such entry.
1These words and fighres within the square brackets were substituted for the words brackets and figures “sub-section(1)of section 18” by s . 13 of the West Bengal estates Acquisition (Amendment) act, 1960 (West Ben.Act XVII of 1960).
2These words and figures within the square brackets wee substituted for the words brackets and figures “sub-section (1) of section 18” by s. 14 , ibid.
3The word “draft” was omitted by s. 15 (1), ibid.
4These words and figures within the square brackets wer substituted for the words, brackets and figures “sub-section (1) of section 18” by s. 15(2) , ibid.
5These words within square brackets were inserted by s. 7 of the West Bengal Estates Acquisition (Amendment) Act1963 (West Ben,. Act XXII of 1963).
36 Page. ….. 32.
( Chapter III. ____ Assessment and payment of compensation ,____ Sections 22,23 .)
rrection of bona- 22. A Compensation Officer may, on application or of his own motion at any time before payment e mistakes Of compensation under section 23,correct any entry in the Compensation Assessment Roll, which he is satisfied has been 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.
nner of payment 23. 1(1) (a) As soon as may be after the date of the final publication of a Compensation assessment compensation. Roll under section 21, the Compensation Officer shall , in the prescribed manner; 2[proceed to make 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 annum of such compensation accruing from the date of vesting to 3[the date of find publication of the Compensation Assessment Roll] :
4Provided further that in any case where the amount of compensation is enhanced as a result of an appeal under section 20, interest shall, subject to the provisions of the first proviso, be calculated from the date of vesting to the date of final publication of the Compensation Assessment Roll on the amount as determined on appeal.
(c) Where the compensation to which an intermediary is entitled is in respect of interests which vested in the State on two different dates, interest shall be calculated on such compensation from the later of such dates and to the interst to calculated there shall be added the interest on the net income of the intermediary fromhis interests which vested in the State on the earlier date calculated at the same rate from such earlier date of vesting up to the later date of vesting:
Provided that such payment shall be without prejudice to the right of the intermediary to file an appeal under section 20.
5(1A) Where the intermediary is a limited owner , the Compensation Officer shall make payment to such intermediary of only the amount of interest calculated at the rate mentioned in sub-section (1) on the ---------------------------------------------------------------------------------------------------------------------------- 1Sub-section (1) was substituted for the original sub-section by s. 10(1) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961), and tereafter this sub-section was substituted by s. 8(1) of the West Bengal Estates Acquisition (Second Amendment) Act 1961 (West Be. Act XIX of 1961).
2The words within the square brackets were substituted for the words “make an offer of payment by s.
6(1) West Bengal Estates Acquisition (Amendment) Act ,1964 (West Ben. Ct XXII of 1964).
3The words within the square brackets were substituted with retrospective effect for the words”the date of the offer of payment under this sub-section” by s. 8(i) of the West Bengal Estates Acquisition ( Amendment) Act 1963 (West Ben. Act XXII of 1963).
4 These proviso were added with retrospective effect by s. 8(ii) , ibid.
5Sub-section (1A) was inserted by s. 10(2) of the West Bengal Estates Acquisition (Amendment) Act 1961 (West Ben. Act IX of 1961).
Page. ….33.
37 ( Chapter III. ____ Assessment and payment of compensation .______ Section 23.)
compensation payable for the estates or interests vesting in the State less such amount , if any , as may have been paid under the provisions of sub-section (4) of section 12, before depositing the amount of compensation with the Collector under section 24.
(2)1[Subject to the provisions of section 12 and sub-section (3) of section 26 , all sum payable ] as compensation to an intermediary shall be paid in the manner following , that is to say :
(a) Payment in cash shall be made in accordance with the following table; namely : ------ Table Net income. Payment to be made in cash.
For the f