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Section 6

The Mahajati Sadan Act, 1949State Act of West Bengal · Act 16 of 1949

(1) The Provincial Government may acquire the properties described in the First Schedule (hereinafter in this section referred to as the said properties) by publishing in the Official Gazette a notice to the effect that the Provincial Government has decided to acquire the said properties in pursuance of this section.

The Mahajati Sadan Act, 1949. 3 XV I of 1949.]

(Sections 7, 8.)

(2) When the notice as aforesaid is published in the Official Gazette, the said properties shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the Provincial Government free from all incumbrances, and thereupon the Provincial Government may take possession of the said properties in such manner as it may think fit.

(3) When the said properties are acquired in pursuance of this section, there shall be paid to the persons interested such compensation as may be determined and apportioned by the Collector—

(a) in accordance with agreements reached between the persons interested and the Provincial Government, or

(b) where no such agreement can be reached, in the manner and in accordance with the principles set I of 1894 out in the Land Acquisition Act, 1894, so, however, that the market value referred to in clause first of sub-section (1) of section 23 of the said Act shall be deemed to be the market value of the said properties on the date of publication of the notice referred to in sub-section (1), and claimed by such persons within three months from the date of publication of the notice referred to in sub-section

(1).

(4) The decision of the Collector under snip-section (3) shall be final and shall not be called in question in any Court.

7. When the properties described in the First Schedule are acquired in pursuance of section 6, the erection of the Mahajati Sadan shall be continued and completed as far as may be in accordance with the original plan approved by Netaji Subhas Chandra Bose and sanctioned by the Corporation of Calcutta with such alterations therein as the Provincial Government may think fit, and the Mahajati Sadan shall thereafter be equipped in such manner as the Provincial Government may think fit.

8. Upon the completion of the erection and equipment of the Mahajati Sadan under section 7, the Provincial Government may, by notification in the Official Gazette, direct the Board to take possession of the properties described in the First Schedule together with the Mahajati Sadan as so erected and equipped and thereupon—

(i) the Board shall receive and take possession of and hold the same in trust for such purposes as may be prescribed by rules made by the Provincial Government consistently with the objects set out in the Second Schedule, and

(ii) all sums of money in the custody of the aforesaid Subhas Congress Fund Committee and all other property whether movable or immovable which have been or may hereafter be given, bequeathed or otherwise transferred for the purposes of Erection of Mahajati Sadan.

Property to vest in the Board.

4 The Mahajati Sadan Act, 1949.

[West Ben. Act Mahajati Sadan Fund.

(Sections 9-13.)

the Mahajati Sadan or acquired by the Board for the said purposes shall vest in the Board to be held in trust for the purposes of the Mahajati Sadan.

Where this provision sits

ActThe Mahajati Sadan Act, 1949
Section6
JurisdictionState of West Bengal
StatusIn force as published by the source

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