(1) When the Special Officer makes an order under sub-section
(4) of section 4 restoring any land to the transferor, such order shall have effect on the 1st day of Baisakh next following the date of the order.
(2) From the date on which an order under sub-section (4) of section 4 takes effect under sub-section (1) of this section, the right, title and interest in the land accruing to the transferee or the person in possession as a result of the transfer referred to in sub-section (1) of section 4 shall, subject to the provisions of sub-section (7) of that section, be deemed to have vested in the transferor free from all encumbrances, if any, which have been created after the date of such transfer.
(3) If on or before the date on which an order under sub-section (4) of section 4 takes effect under sub-section (1) of this section, the person in possession of the land as a result of the transfer referred to in subsection (1) of section 4 has not delivered possession of such land to the transferor, the Special Officer may of his own motion, and shall, on the application of such transferor, eject such person and place such transferor in possession of such land.
Ben. Act III of
1913.
94 The West Bengal Restoration of Alienated Land Act, 1973.
XXIII of 1973.]
(Sections 6-9.)
6. Any sum payable under an order made under sub-section (4) of section 4 shall be recoverable as a public demand.
Recovery of sums due under an order under sub-section
(4) of section 4 as a public demand.
7. Save as otherwise provided in the Constitution of India, neither B al. of jurisdiction the High Court nor any Civil Court shall have jurisdiction in any matter of High Swhich the Special Officer is empowered to dispose of under this Act: Court and Courts.
Provided that any person who is dissatisfied with any order made under sub-section (4) of section 4 may, within thirty days from the date of such order, apply in the prescribed manner to the Collector and the decision of the Collector upon such appeal shall be final.
8. The special Officer shall have all the powers of a Civil Court 5 of 1908. under the Code of Civil Procedure, 1908, for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the production of documents.