The West Bengal Estate Acquisition Act 1953

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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.


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 of a Civil 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 territories.

60. When this Chapter is to come into force.
61. Application of the Act to transferred territories.
Devider

Edition 2011

THE WEST BENGAL ESTATE ACQUISITION ACT, 19532

[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  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.

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.

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
(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 does not include the the rights of a raiyat or of an under –raiyat or of a non-agricultural tenant 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;

(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  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 , 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;
(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.

3. Act to override other laws etc- The provisions of this Act shall have effect notwithstanding anything to the contrary  contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary.

Provided 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 :

Provided further that nothing in this Act shall affect any land possession of which was taken by the state Government before the date mentioned in the notification issued under section , 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.


The interest of the intermediary was affected under the W.B.E.A. Act. But it is not a fact that no person other than intermediary was brought under the ambit of the W.B.E.A. Act. The words “and any of the rights of certain other persons in the lands comprised in the estates” have been inserted with retrospective effect by section 2 of the W.B.E.A. (Amendment) Act, 1961 (W.B. Act. IX of 1961). Preamble can be referred in case of any doubt in the interpretation of the provisions of a statute.

Devider
CHAPTER II.
Acquisition of estates and of the rights of intermediaries therein

 4.Notification vesting estates and rights of intermediaries

(1) The State Government may from time to time by notification declare that Estates and rights of with effect from the date mentioned in the notification , all estaes, and the  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.

(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 order 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.


The W.B.E.A. Act did not take away any right of Non-agricultural Tenant (N.A.T). N.A.T is not an intermediary defined in Section 2(1)(i). Khas possession is not always a must by an intermediary/tenant for retention of land. By operation of Section 4 and 5 of the W.B.E.A. Act, only intermediaries under the W.B.E.A. Act were affected. No person other than intermediary was brought under the ambit of W.B.E.A. Act.

  • After notification u/s 4(1) of the EA Act, 1953 was issued, consequences hereafter have been explained by the Hon’ble Apex Court in the State of West Bengal & Anr. –v- Arun Kumar Basu & Anr., AIR 1997 SC 2645. It was observed in paragraph 3 of the judgement, “the consequences have been provided in sections 4(1), 5 & 6 of the Act with a non-obstante clause excluding the applicability of any other provisions u/s 3 of the Act. As a consequence, the pre-existing right, title and interest held by the company and vested in its liquidators for sale of the property, stood divested by operation of Sec. 4(1) of the Act and stood vested in the state

Sec-5 Effect of Notification

[(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 ,
(ii) rights in hats, bazaars, ferries,  fisheries, tools and other sairati interests;

(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  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;

(c) 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:

Provided 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:

Provided 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;

(d) 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  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.

(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.
(3) 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 clause (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.


Section 5(1)(c) read with Section 6(3) manifestly indicates that Section 6(3) is application on non-agricultural land of a non-agricultural tenant used for mill, factory or workshop purposes. Non-agricultural Tenancy Act, 1949 cannot supersede the provision of the W.B.E.A. Act and W.B.L.R. Act protected under Articles 31A, 31B and 31C of the Constitution and berthed in the 9th Schedule of the Constitution. All lands classified as forest held by any institution or any person stood vested. Rights of lessors over land, if the lessor is an intermediary, also vested in the State. Hence, it is clear that it is not only the intermediary whose right is to be affected.


5A Restriction on certain transfers – (1) The State Government may after the date of vesting enquire into any case of On certain transfer of any 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;
(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 by 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.

(5) The procedure to be followed in such inquiry shall be such as may be prescribed.
Provided that —

(i) no order shall be passed in an inquiry 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.

(6) 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 [or within sixty days from the date of appointment of the Special Judge, whichever is later], shall lie to a Special,Judge being a person who is or has been a District Judge of an Additional District Judge appointed by the State Government for the purpose of this section and such Special Judge shall dispose of the appeal according to the prescribed procedure.

(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 amount of 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 , or a brother’s wife. Made between the 5th day of May, 1953 and the 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 transfer or a transferee.

S 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 VIII

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 were sold, shall notwithstanding anything 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.

S 6- Right of  intermediary  to retain certain lands:-

(1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except
in the cases mentioned in the proviso to sub-section (2) but subject to the other provision to  that sub-section, be entitled to retain with effect from the date of vesting

(a) land comprised in homesteads;

(b) land comprised in or appertaining to buildings and structures owned by the intermediary or  by any person, not being a tenant ,holding under him by leave or licese;

Explanation. – 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 including land held under him by any person , not being agenant, 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 clauses (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:
Provided that in such portions of the district of Darjeeling as may be declared by notification 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  of such reservoir or place , except  such portion of the banks as are included in a homestead or in a garden or orchard and includes any right of pisciculture or fishing in such reservoir or place;

(f) 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)  [subject to the provisions of sub-section (3), land comprised in mills, factories, or workshop;
(h) where the intermediary is a local authority,–  land held  by such authority ,
notwithstanding such land or any part thereof may have been let out by such authority :

Provided 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 ;

(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 including land held by any person, not being a tenant, by leave or license of such Corporation or institution or person;

(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, 1940, or a company incorporated under the Indian Companies Act, 1913, 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   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 were 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.

(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 Government in pursuance of rule 49 of the defence of India rules and continued to be subject to requisition or occupation on the date mentioned in the notification issued under section 4;

(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  meaning of the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 1951.

Exception.— [Subject to the provisions contained in sub-section (3), nothing in this sub-section ] shall entitle an intermediary or any other person to retain any land comprised in a forest [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.

(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 such 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 referred 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 lease, such lease shall be deemed to have been given by the state Government on the same terms and conditions as immediately before such date[subject to such modification therein as the State Government may think fit to make.

(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 :

Provided 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 required by him for the tea-garden, mill , factory or workshop, as the case may be.

Explanation- The expression land held under a lease includes any lands held directly under the state under a lease.

Exception.—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.

(3A) Land which may be retained under clause (k) or clause (l) 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.

(3B) In executing any order for eviction of persons in unauthorised occupation of land in pursuance of  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 so much of such land as he is entitled to retain under clause (l) of sub-section (1) and 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.

(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.

(3D) Except as otherwise specifically provided in this Act or in the rules made there under, the provisions  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).

(4) In the case of lands comprised in a forest 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.

(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  Estate Acquisition (Second Amendment) Act 1957.


Section 6(2), 5(1)(d) and Section 4 of the W.B.E.A. Act it is argued that in terms of the W.B.E.A. Act the right, title and interest of the Nonagricultural Tenant (NAT) did not vest; but the same was sought to be vested by reason of Section 3A of the W.B.L.R. Act. There is no limit whatsoever, with regard to ‘tank fisheries’ as provided in Section 6(1)(e). All tank fisheries were exempted from vesting, even if the same is not in khas possession of the intermediary or any non- agricultural tenant but in possession of the lessee.

  • Retention u/s. 6(1)(e) is subject to so many pre-conditions. Section 6 of the W.B.E.A. Act employing non-obstante Clause curved out exceptions to Sections 4 and 5 and preserved the right of the intermediary to retain possession and title of certain lands in certain circumstances. The significance of the term ‘Tank Fishery’ appearing in Section 6(1)(e) of the W.B.E.A. Act was explained by the Hon’ble Apex Court in the case between the State of West Bengal –vs- Atul Krishan Shaw & Anr, A.I.R. 1990 SC 2205. In para 9 of the judgment the Hon’ble Apex Court held “Therefore, when by means of reservoir or a place for storage of water whether formed naturally or by execution or by construction of embankment is being used for pisciculture or for fishing is obviously a continuous process as a source of livelihood, would be ‘Tank Fishery’ within the meaning of Section 6(1)(e)
  •  State of West Bengal & Ors. Vs. Suburban Agricultural Dairy & Fisheries Pvt. Ltd., AIR 1993 SC 2103, formulated certain conditions to retain the tank fishery by an intermediary which may be summarized as under:
    i. By operation of the explanation to Section 6(1)(e) tank fishery not only it must be a tank fishery at the date of vesting, but it must also continue to be used for pisciculture or fishing. The emphasis on being used obviously is that the tank fishery should be continued to be used for public purpose, namely the fish seedling or fish must be made available for public consumption.
    ii. Therefore, the entitlement to retain possession of the land i.e. tank fishery in this case is not absolute but hedged with the conditions precedent of expressing his intention to retain possession by filing Form-B within 60 days and abiding to comply with such terms and conditions as may be imposed and also payment of rent.
    iii. Its use for pisciculture or fishing should continue.
    iv. State is free to impose such terms and conditions as may be necessary to
    ensure continued use of tank fishery for pisciculture or for fishing. State is free to
    resume it if the conditions are contravened.
  • Right of possession under Section 6(1) is permissible depending on the nature, character and mode of use of each category of land held by an intermediary in khas possession. Different prescriptions have, therefore, been formulated in Section 6(1) for retention. Right of the intermediary remains unaffected on tank fishery even if such tank fishery is leased out for the purpose of pisciculture as by such leasing only right to fishery apart from right to subsoil is deemed to have been given.
  • Statutory provisions under the W.B.E.A. Act give the clear indication that land held on the strength of lease under an intermediary for the purpose of millfactory or workshop shall vest in the State. Lessor / intermediary shall lose its right to retain the land under 6(1). Lessee shall be deemed to hold the land
    directly under the State u/s. 6(2) of the W.B.E.A. Act, on such terms and conditions as immediately before the date of vesting. Such lessee will, however, have the option to get the lease renewed from Government on fresh terms and conditions.
    Again, Section 5(1)(c) read with Section 6(3) goes to show that Nonagricultural
    land of a NAT, if leased out for mill factory or workshop purposes, the right of the lessor will terminate, land will vest in the State and the NonAgricultural Tenants (NAT) will be replaced by the Government. It is only the lessee who will have the right to hold the leased in land as retainer. Question of allowing retention in favour of the lessor does not arise, on the moment the mill, factory or workshop stops operation. Government may step in to resume the land under the provision to Section 6(3) read with Explanation-II inserted in the Act, even if no prior retention order is formally issued by the State.

Therefore:

  • i. In absence of any order made under main part of Section 6(3), intermediary or lessee cannot retain lands automatically under Section 6(1)(g). Retention can bevalidly done only when there is an order of the State Government .
    ii. After the date of vesting the land mentioned in Clauses (f) and (g) of Section 6(1) cannot be retained by the intermediary until and unless an order is passed by the State Government under Section 6(3) of the 1953 Act.
    iii. Power under Section 6(3) was categorically affirmed by the Hon’ble Apex Court in the judgment .
    iv. The whole controversy placed before the Hon’ble Apex Court relates to the interpretation of the proviso to Section 6(3) of the 1953 Act as observed in the judgment .
    v. When there is no order of the State Government under Section 6(3), the State Government should not straight way resume or take possession of land, but may issue notices to the persons in possession of the land to show causes how they are in possession of the land. The claim of benefit under Section 6(1)(a) to 6(1)(e) or
    under Section 6(1)(f)/6(1)(g) be decided by a speaking order after opportunity of personal hearing .

 


S 7- Arrears of land revenue , cesses, taxes and impositions due from intermediary

(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 pay-
able 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.
1
Sub-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).
2
These 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.)
3
Section 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).
4
These 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.
——————————————————————————————————————————————-
1
These 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).
2
The 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.
4
This 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).
5
This 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 :
3
Provided 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)].
1
These 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).
2
These 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.)
3
This proviso was added by s. 6 of the West Bengal estates Acquisition (Amendment) Act ,1961 (West
Ben. Act IX of 1961).
4
These 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).
5
These 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.)
6
These 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
1
Sub-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 :
3
Provided 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.
1
Clause (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.
3
This 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 :]
——————————————————————————————————————————————-
1
The 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).
2
These 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).
3
These 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).
4
These 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).
5
The 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.)

1
Provided 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
1
The 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).
2
Sub-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).
3
Sub-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 2
14. (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.
1
Sub-section (4) was added by s. 7(2) of the West Bengal Estates Acquisition (Amendment)
Act, 1961 (West Ben. Act IX of 1961).
2
Section 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 1
15. (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;
1
Section 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 2
15A. 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
* * * *;
1
See 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).
3
These 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).
4
The words “an intermediary may” were omitted by s. 7(2) , ibid.
5
This word within the square brackets was inserted by s. 7(3) , ibid.
6
The 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).
7
These 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.
8
The 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; 2
iv) 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 3
appointed 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.
——————————————————————————————————-
1
Sub-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).
2
Sub-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).
3
For 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
—————————————————————————————————————————-
1
These 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)
2
These words within the square brackets were inserted by s. 9(3)(a)(ii),,ibid.
3
Sub-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 :-
1
Table
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 :
2
Provided 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.
———————————————————————————————————————–

1
This 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).
2
this 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 3
16A 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.
—————————————————————————————————————————-
1
Sub-clause (v) was inserted by s. 8(2) (b) of the West Bengal estates Acquisition (Amendment) Act.
1961 (West Ben. Act IX of 1961).
2
Sub-clause (vi) was added by s. 5 of the West Bengal estates Acquisition (Amendment) act 1963
(West Ben. Act XXII of 1963).
3
Section 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.
2
Provided 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:
—————————————————————————————————————————-
1
The 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).
2
This 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).
3
The 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.)
1
Provided 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.
—————————————————————————————————————————-
1
The further proviso was added by s. 9(1) of the West Bengal Estates acquisition (Amendment) act,
1961 (West Ben. Act IX of 1961).
2
These 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.
4
The words beginning with “and the Compensation Officer” and ending with “temporary interest or the
usufructuary mortgage” were omitted by s. 9(2) © ibid.
5
Sub-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.
1
These 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).
2
These 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.
3
The word “draft” was omitted by s. 15 (1), ibid.
4
These 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.
5
These 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] :
4
Provided 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
—————————————————————————————————————————-
1
Sub-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).
2
The 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).
3
The 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.
5
Sub-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 first Rs. 250 or less of the net income. 100 per centum of the amount of
Compenstion payable in respect of such
Net income.
For the next Rs. 250 or less of the net income. 50 per centum of the amount of comp
Ensation payable in respect of such net
Income.
For the next Rs. 500 or less of the net income. 45 per centum of the amount of
Compensation payable in respect of
such net income.
For the next Rs. 2,000 or less of the net income. 40 per centum of the amount of
Compensation payable in respect
Of such net income.
For the next Rs. 2,000 or less of the net income. 30 per centum of the amount of
Compensation payable in respect of
Such net income.
For the next Rs. 25,000 or less of the net income. 25 per centum of the amount of
Compensation payable in respect of
Such net income.
For the next Rs.70,000 or less of the net income. 20 per centum of the amount of
compensation payable in respect of
such net income.
For the next Rs. 1,00,000 or less of the net income. 15 per centum of the amount of
Compensation payable in respect of
Such net income.
For the balance of the net income. 12 per centum of the amount of
Compensation payable in respect
Of such net income.
—————————————————————————————————————————-
1
These words , figures and brackets within the square brackets were substituted with retrospective
effect for the words “All sums payable” by s. 10(1) of the West Bengal Estates Acquisition
(Amendment) Act, 1955 (West Ben. Act XXXV of 1955).
Page. …..34.
38
( Chapter III. _____ Assessment and payment of Compensation ._____ Section 23.)
(b) The balance of the compensation shall be paid in 1[negotiable and transferable bonds of not less
than fifty rupees each] carrying interest at three per centum per annum with effect fro m the date of
issue and payable in the prescribed manner in twenty equal annual instalments 2
* * * * 3[and the
remainder, if any, below fifty rupees , shall be paid in cash]:
Provided that the State Government may at any time pay the commuted value of the bond in one
instalment.
(2) Notwithsanding 4
[anything to the contrary contained in sub-section (2), where the
compensation payable to an intermediary or other person is an annuity 5 [the Collector of the
district shall make the annual payment in respect of such annuity in the prescribed manner] to
the trustee or other person 6
[ entitled for the time being to receive such payment]:
7
Provided that having regard to the financial position and other circumstances of an intermediary
referred to I clause (a) or clause (b) of the second proviso to sub-section (1) of section 17, the State
Government may pay to such intermediary the commuted value of the annuity payable to him
calculated in the prescribed manner, in one or more instalments.
1
These words within the square brackets wee substituted for he words”non-negotiable bonds” by s.
8(2)(1) of the West Bengal Estates Acquisition (Seconds Amendment) Act, 1961 (West Ben. Act XIX
of 1961).
2
The words “subject to any deduction from such payment of any aum which the Collector may orde to
be made under section 7 or any ad interim payment made unde section 12 or any other sum recoverable
from such compensation under section 8 or under an order of attachment” were omitted
withretrospective effect by s. 10 (2) of the West Bengal Estates Acquisition (Amendment) Act, 1955
(West Ben. Act XXXV of 1955).
3
Thses words within the square brackets were added by s. 8(2)(2) of the West Bengal Estates
Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961).
4
These words within the square brackets wee substituted for the words “anything contained in subsection(2),
the entire amount of the compensation in respect of any interest or portion of any interest
referred to under the proviso to sub-section(1) of section 17 shall be payable in perpetual annuity bonds
,” by s. 10(3)(a) of the West Bengal Estates Acquisition ( Amendment) Act 1961 (West Ben. Act IX of
1961).
5
The words within the square brackets were substituted with retrospective effect for the words “such
annuity shall be epayable in bonds. Such bonds shall be deposited with the Collector of the district and
such Collector shall make the the annual payment in respect of such bonds” by s. 6(2)(a) of the West
Bengal Estates Acquisition ( Amendment) Act 1964 (West Ben. Act XXII of 1964).
6
These words within the square brackets were substituted for the words “entitled to the management of
such insterest or the portion of such interest” by s. 10(3)(b) of the West Bengal Estates Acquisition (
Amendment) Act ,1961 (West Ben. Act IX of 1961).
7
This proviso was added by s. 6(2)(b) of the West Bengal Estates Acquisition ( Amendment) Act
964(West Ben. Act XXII of 1964).
Page. …..35.
39
( Chapter III.____ Assessment and payment of compensation._____ Sections 24,25.)
mpensation due 24. If any intermediary entitled to receive such compensation in respect of any interest be a person
persons incom- incompetent to alienate such interest , the Compensation Officeer shall keep the amount of compensaent
to aliente. Tion payable for such interest whether in cash or bonds,1[after deducting there from any amount
recoverable under section 7,] in deposit with the Collector of the district and such Collector shall
arrange to invest the cash and the income from the bonds in the purchase of such Government or other
approved securities s such Collector thinks fir and shall direct the payment of the income form such
investment to the intermediary who would for the time being have been entitled to hold and enjoy
such interest if it had not vested in the State and such bonds and securities shall remain so deposited
until they are made over to any person or persons becoming absolutely entitled thereto:
Provided that nothing in this section shall affect the right of a 2
* * * limited owner to receive the
whole or any part of such compensation in circumstances where such 2
* * * limited owner would
be entitled under the law to spend the corpus of the interest :
Provided further that nothing herein contained shall affect the liability of any person who may receive
the whole or any part of any comopensation made under this Act to pay the same to the person lawfully
entitled hereto.
ntain restrictions as 25. (1) 3
[No intermediary]shall be entitled to receive on account of compensation any
mopensation. amount in excess of the amount calculated on his total net income from all his interest held by
Him within the State at the rate specified in the table contained in section 17.
(2) The Compensation Officer shall, before making any payment under section 23 of any
compensation payable in terms of a Compensation Assessment Roll 4[,ascertain from the
intermediary in the prescribed manner if any amount has already been paid to him on account
of compensation and, if so, shall , by order] adjust the payment by making any deduction he
considers necessary :
1
These words and figure within square brackets were inserted with retrospective effect by s. 7 of the
West Bengal Estates Estates Acquisition (Amendment) Act, 1964 (West Ben. Act XXII of 1964).
2
The words “Hindu widow or other” were omitted by s. 11 of the West Bengal Estates Estates
Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
3
These words within the square brackets were substituted for the words “Notwithstanding anything
contained elsewhere in this Act or in any Compensation Assessment Roll as finally published under
section 21 but subject always to the provisions of Chapter IV, no intermediary” by s. 12(1) ibid.
4
These words within the square brckets were substituted for the words”prepared for any notified area,
ascertain from such intermediary, in the prescribed manner if any amount has been paid to him on
account of compensation in respect of any other notified area and” by s. 12(2), ibid.
Page. …. 36.
40
( Chapter III. ______ Assessment and payment of compensation ._______ Section 25.)
Provided that _______
(a) no such deduction shall be made until a reasonable notice has been given to the intermediary
to appear and be heard in the matter : and
(b) any such order for deduction shall be subject to appeal in the manner provided under section
20.
1
(3) If any intermediary having estates and interests in an area or areas other than the one in respect of
which his Compensation Assessment Roll has been prepared and published does not submit a statement
under clause (b) of sub-section (1) of section 15 or does not include in such a statement filed by him
full and correct details regarding all his estates and interests and the income therefrom, with a view to
getting higher compensation than what is admissible under the provisions of subsection (1), the State
Government may, by order made in this behalf, direct that such intermediary shall forfeit the whole or
such part of the compensation payable to him as may be specified in the order.
2
(3) If an intermediary executes any instrument purporting to transfer any khas land which he has not
retined under sub-section (1) of section 6 to any person and puts such person in possession of such land
at any time before the payment of the compensation under section 23 to him, then without prejudice to
its right to revover possession of such land from such person, the State Government may, be order
made in this behalf, direct that such intermediary shall forfeit such part of the compensation payable to
him as may be specified in the order.
2
(3B) An appeal against any order of forfeiture passed under sub-section (3) or sub-section (3A) , if
preferred within sixty days of such order, shall lie to a Special Judge ,being a person who is or has been
a District Judge or an Additional District Judge, appointed by the State Government for the purpose of
hearing appeals under this sub-section and such Special Judge shall dispose of the appeal according to
the prescribed procedure.
1
(4) If, in any case, it is found that the amount of compensation paid to an intermediary is in excdess of
what is payable to him under the provisions of this Act, the excess amount so paid shall be adjusted
against future instalments, if any, so payable to him , and, if no, such adjustment is possible , may be
recovered from the intermediary as a public demand.
1
Sub-section (3) and (4) were inserted by s. 16 of the West Bengal Estates Estates Acquisition
(Amendment) Act, 1960 (West Ben. Act XVII of 1960.)
2
Sub-section (3A) and (3B) wee inserted with retrospective effect by s. 8 of the West Bengal Estates
Estates Acquisition (Amendment) Act, 1964 (West Ben. Act XXII of 1964).
41
Page. …..37.
(Chapter III. ____Assessment and payment of compensation section 26.)
tent of recovery of 26. (1) 1
[Save as otherwise provided in the proviso to sub-section (1) of section7 2
(or the proviso to
mpensation money sub-section (7) of sction 10), no portion] of the compensation payable to any intermediary in terms
y attachment. Of any Compensation assessment Roll finally published under section 21, in excess of fifty per
centum thereof shall______
(a) be liable t attachment at any one time inn execution made under section 7, or
(b) be liale to aachement at any one time in execution of decrees including decrees for arrears of
rent.
(2) Where ther are several orders of attachment and the aggregate of the sums to be
attached under such orders exceeds the limit referred to in sub-section (1), the orders
shall be enforceable to the extent of such limit and the priority amongst them shall be
decided, as far as practicable, in accordance with the principles laid down in section
73 of the Code of Civil Procedure, 1908 :
t V of 1908.
Provided that any sum which is required to be deducted under the order of a Collector under section 7
Shall have priority before any order of attachment.
3
(3) Except —-
(a) in a case covered by the proviso to sub-section (1) of section 7 4
[or the proviso to sub-section (7)
of section 10], or
(b) when the entire amount of compensation is payable in cash 5
[ under clause (a) of sub-section
(2) of section 23 6
* * * *],
all sums to be deducted under section 7 or recoverable under an order of attachment under sub-section
(1) shall be deducted from the amount of compensation payable in 7
* * * * bonds under the
provisions of clause (b) of sub-section (2) of section 23 8
[or from the annuity payable under subsection
(3) of that section] 9
[, and no such sum shall be deducted from the amounts payable under subsection
(1) or sub-section (2) of section 12].
—————————————————————————————————————————-
1
These words , brackets and figures within the square brackets were substituted with retrospective
effect for the words “No portion” by s. 11(1) of the West Bengal Estates Acquisition (Amendment)
Act, 1955 (West Ben. Act.XXXV of 1955).
2
The words figures and brackets within brackets were inserted by s. 3(a) of the West Bengal Estates
Acquisition (Amendment) Act, 1975 (West Be. Act XXI of 1975).
3
Sub-section (3) was added with retrospective effect by s. 11(2) of the West Bengal Estates Acquisition
(Amendment) Act, 1955, (West Ben. Act XXXV of 1955).
4
The words figures and brackets within the square brackets were inserted by s. 3(b) of the West Bengal
Estates Acquisition (Amendment) Act, 1975 (West Ben. Act XXI of 1975).
5
These words, brackets and figures within the square brackets were added by s. 13 of the West Bengal
Estates Acquisition (Amendment) Act, 1961, (West Bwn Act IX of 1961).
6
The words “or as the result of any adjustment made under sub-section (1) of section 12 or the second
proviso thereto” were omitted by s. 9(1) of the West Bengal Estates Acquisition (Amendment) Act,
1964 (West Ben. Act XXII of 1964)>
7
The word “non –negotiable” was omitted by s. 9 of the West Bengal Estates Acquisition
(Amendment) Act, 1961 (West Bern. Act XIX of 1961).
8
Inserted with retrospective effect by s. 9(2) of the West Bengal Estates Acquisition (Amendment)
Act, 1964,(West Ben. Act XXII of 9164).
9
These words , brackets and figures within the square brackets were added with retrospective effect by
s. 5 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Ben. Act XXV of 1957).
42
Page. ….38.
( Chapter IV. Mines and Minerals. —- Sestions 27-29)
CHAPTER IV
Mines and Minerals.
visions of Chapter IV 27. The provisions of this chapter shall have effect notwithstanding anything to the contrary
override other Provi- elsewhere in this Act.
ns of the Act.
ght of intermediaries 28. So much of the land 1
* * * * in a notified area held by an intermediary
ectly working mines. Immediately before the date of vesting 2[(including sub-soil rights therein, but excluding
rights in hats bazaars not in the khas possession of the intermediary and lands comprising forest, if
any)] as was comprised in or as appe5rtained to any mine which was being directly worked by him
immediately before such date shall with effect from such date be deemed to have been leased by the
State Government to such intermediary. The terms and conditions of such lease shall be as agreed upon
between him and the State Government, or in default of agreement as may be settled by the Mines
Tribunal :
Provided that all such terms and conditions shall be consistent with the provisions of any Central Act
for the time being in force relating to the grant of mining leases.
bsisting leases of 29. (1) All leases of mines and minerals in a notified area granted by an intermediary and subsisting
nes or minerals. Immediately before the date of vesting shall, with effect from such date , be deemed to have been
granted by the State Government to the holder of the said subsisting lease on the same terms and
conditions ad of the subsisting lease 3
[ , so, however, that —
(ai) rights in hats and bazaars not in the khas possession of the holder of the lease and lands comprising
forests, if any, shall be excluded from such lease ;]
(i) in cases where the holder of the lease had not in the opinion of the State Government
done any prospecting or development work before ther date of vesting,—- that he shall
—————————————————————————————————————————-
1
The words “(including sub-soil rights therein)” were omitted by s, 14(1) of the West Bengal Estates
Acquisition (Amendment) Act, 1961(West Ben. Act IX of 1961).
2
These words within the square brackets were inserted by s. 14(2) , ibid.
3
These words within the square brackets were substituted for the words “with the additional condition”
by s. 15(1), ibid…..
43
Page. …..39.
( Chapter IV. — Mines and Minerals —- Section 30.)
be allowed one year’s time from the date of vesting, to begin prospecting or development work, and
1
[if, in the opinion of the State Government , he has failed to do so] the State Government shall be
entitl3ed to terminate the lease at any time after the expiry of such period giving three months, notice in
writing, unless sufficient cause is shown to the satisfaction of the State Government;
(ii) in other cases,— that if the holder of the lease has developed or done any prospecting
work in respect of any part of the land I ncluded in the lease byt has, in the opinion of the
State Government , failed to do any prospecting or development work within three years
from the date of vesting in respect of the remaining part of the land included in the lease,
the State Government shall be entitled to resume the whole or any protion of such
remaining part of the land together with the minerals laying there under , after giving
three months’ notice in writing , but in so resuming, the State Government shall have
regard to the to the reasons for such failure and to the requirements, as appear to it to be
reasonable , for the future development of the mining concern of the lease :
Provided that nothing in this sub-section shall prevent any modifications being made in the terms and
conditions of the said lease consistent with the provisions of any Central Act for the time being in force
regulating the modifications of existing mining leases.
(2) Where in pursuance of additional conditions mentioned in sub-section (1), any lease of mines
and minerals is terminated by the State Government under clause (i) of sub-section (1) of any land is
resimed by the State Government under clause (ii) of that sub-section , the lessee shall be entitled to
compensation calculated in accordance with the principles laid down in section 32, ad far as they are
applicable, together with an amount not exceeding what hs been expended by the lessee in works or
operations connected with such lease or such resumed land included in the lease, less the value of any
asets used or employed by him I n such connection taken away by him.
visions for lands 30. Were any land is deemed to have been leased by the State Government to an intermediary under
mpreised in works section 28 or where a lease is deemed to have been granted by the State Government under section 29
ildings etc. to the holder of a subsisting lease, any land not included in such lease,
—————————————————————————————————————————-
1
These words within the square brackets were substituted for the words,”if he fails to do so” by s. 15(2)
of the West Bengal Estates Acquisition (Amendment) Act. 1961 (West Ben. Act IX of 1961).
Page. …. 40.
44
( Chapter IV. —- Mines and Minerals..—- Sections 31 ,32.)
which v3ests in the State by the operation of this Act and is in the use or occupation of the lessee for
purposes connected with the working of any mine or the extraction of any minerals, including the land
comprised in any works, buildings, machinery, tramways, siding, roads, streets or thoroughfares,
connected with such purpose, shall be deemed to have been included in such lease with effect from the
date of vesting 1[ subject to the payment of rent at the rate of rupees forty-five per 0.4047 hectare per
annum unless a fifferent amount is agreed upon between the State Government and the intermediary or
the lessee.]
mpensation 31. (1) The Compensation Officer shall 2
* * * * * prepare in the prescribed form and in
ficer to prepare the prescribed manner a Compensation assessment Roll showing the compensation payable for mines
mpensation minerals—–
sessment Roll (a) to every intermediary in whose land [not being land deemed to have been leased
mines and minerals under section 28 or land included in a lease referred to in section 29] there is, in the
three classess of opinion of the State Government , reason to believe that there are minerals not yet
ermediaries. Prospected or developed or partially prospected and developed and then abandoned;
(b) to every intermediary to who any land is deemed to have been leased under section
28;
( c) to every intermediary , who granted a lease of mines and minerals and such lease
was subsisting immediately before the date of vesting.
3
* * * * * * *
termination of 32. 4
[(1)] In preparting the Compensation Assessment Roll for every intermediary referred to in
mpensation for clause (a) of sub-section (1) of section 31, the Compensation Officer shall
ermediaries
rerred to in
ction 31(1)(a).
—————————————————————————————————————————-
1
The words within the square brackets were substituted for the words “subject to the payment
of such fair and equitable rent as may be agreed upon between the State Government and the
intermediary or the lessee, or in default of agreement, as amy be fixed by the Mines Tribunal” by s of
the West Bengal Estates Acquisition (Amendment) Act, 1977 (West Ben. Act XXXVI of 1977).
2
The words, “in respect of any notified are”. Were omitted by s. 17(1) of the West Bengal Estates
Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960).
3
Sub-section (2) was omitted by s. 17(2) , ibid.
4
Section 32 was re-numbered as sub-section (1) of that section, and after that sub-section, sub-section
(2) was added witth retrospective effect by s. 10 of the West Bengal Estates Acquisition (Amendment)
Act, 1957 (West Ben. Act IV of 1957).
Page. ….41.
45
( Chapter IV. —– Mines and Minerals. —– Section 33.)

1
[ calculate the gross annual income] of such intermediary on the probable income out of royalty which
might have been derived by the grant of lease of such land based on the opinion of 2
[a Mining expert],
appointed by the State Government as regards the nature, quantity and the value of the minerals likely
to exist in the land and capable of being worked and developed and other matters that may be
prescribed. An amount equal to five per centum of 3
[such gross income] shall be deemed to be the net
income of such land ; and the Compensation Officer shall determine four times such net income as the
amount of compensation payable.
4
(2) Where such intermediary as aforesaid has estates and interests for which compensation is
payable under Chapter III , the Compensation Officer shall calculate the total amount which would
have been payable in accordance with the table contained in sub-section (1) of section 17 as if the net
income had been the aggregate of the net income calculated in respect of the estates and interests for
which compendsation is payable under Chapter III and the net income calculated under this section; the
Compensation Officer shall also calculate the total amopunt which would have been payable as
compensation if compensation for such estates and interestedly; and the lesser of the two total maounts
of compensation so calculated shall be amount of compensation payable.
termination of 33. (1) In preparing the Compensation Assessment Roll for Every intermediary referred to in clause
mpensation (b) of sub-section (1) of section 31, the Compensation Officer shall take the gross income of such inte-
interme- rmediary to be the average annual income calculated on the baisi of annual returns filed by him for the
aries referred assessment of cess or income-tax during the period of eight agricultural years immediately preceding
in section 31(1)(b). the aricultural year within which the date of vesting falls,or any shorter period for which returns have
been filed; and an amount equal to five per centum of such gross income shall be deemed to be the net
income from such mines.
(2) The Compensation Officer shall then determine the amount of compenstion payable to the
intermediary as aforesaid, after taking into consideration his net income and the opinion of a
Mining Expert appointed by the State Government as regards the extent of the mining
operations.
—————————————————————————————————————————

1
These words with the square brackets were substituted for the words “Calculate the probable gross
annual income” by s. 16(1) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West
Ben. Act. IX of 1961).
2
These words within the square brackets were substituted for the words “Mining expert” by s. 16(2),
ibid.
3
These words within the square brackets were substituted for the words”such probable gross income”by
s. 16(3), ibid.
3
See foot-note 4 on page 40, ante.
Page. …. 42.
46
( Chapter IV. — Mines and Minerals. Section 34.)
carried on, the minerals obtained and the estimated quantity and value of the minerals not yet worked
or operated, and as regards any other matter that any be prescribed. Where the intermediary has no
estates or interests for which he is entitled to compensation under Chapter III, the compensation
payable to him shall be eight times the net income as calculated under this section. Where the
intermediary has estates or interests for which compensation is payable under Chapter III, the
Compensation Officer shall calculate the total amount which would have been payable in accordance
with the table contained in sub-section (1) of section 17 as if the net income had been the aggregate of
the net income calculated in respect of the estates or interests for which compensation is payable under
Chapter III and the net income calculated under his section; the Compensation Officer shall also
calculate the total amount which would have been payable as compensation if compensation for estates
and interests and compensation for mines and minerals has been calculated separately ; and the lesser
of the two total amounts of compensation so calculated shall be the amount of compensation payable.
termination 34. (1) In preparing the Compensation Assessment Roll for every intermediary referred to in clause
Compensation ( c) of sub-section (1) of section 31, the gross income of the intermediary shall be the average annual
intermediaries gross income received (excluding any sum reviced by way of salami or premium) calculated on the
erred to in section basis of the annual returns filed by such intermediary for the assessment of cess or income –tax during
1)( c). the period of eight agricultural years immediately preceding the agricultural year within which the date
of vesting falls, or any shorter period for which such returns have been filed; and the net income shall
be computed by deducting from the gross income so determined the average of the income-tax payable
thereon during the said period and the cost of the collection at such rates as may be prescribed.
(2) The Compensation Officer shall dewtermine the amount of compensation payable to the
intermediary as aforesaid after taking into consideration his net income, the duration of the unexpired
portion of the lease, and the opinion of a Mining Expert appointed by the State Government with
regard to the extent of the mining operations carried on, the minerals obtained and the estimated
quantity and value of the minerals not yet worked or operated, and as regards any other matter that may
be prescribed . Where the intermediary has no estates or interests for which he is entitled to
compensation payable to him shall be eight times the net income as calculated under this section.
Where the intermediary has estaes or interests for which compensation is payable under Chapter III, the
Compensation Officer shall calculated the total amount which would have been payable in accordance
with the table contained in sub-section (1)
47
Page. …. 43.
( Chapter IV.____ Mines and Minerals,—- Sections 35, 36.)
of section 17 as if the net income has been the aggregate of the net income calculated inn respect of the
estates or interests for which compensation is payable under Chapter III and the net income calculated
under this section; the Compensation Officer shall also calculate the total amount which would have
been payable as compensation if compensation for estates and interests and compensation for mines
and minerals and had been calculated separately; and the lesser of the two total amounts of
compensation so calculated shall be the amount of compensation payable.
ference to Mines 35. If the amount of compensation determined under sub-section (2) of section 29 , section 32 , section
bunal. 33 or section 34, is not agreed to by the intermediary, the Compensation Officer shall refer the question
of the determination of the amount of compensation to the Mines Tribunal.
nes Tribunal. 36. (1) The Mines Tribunal appointed for the purposes of this Chapter shall consist of a Chairman
who shall be1[a person who is or has been been a District Judge or an Additional District Judge] and
another member who shall be a Mining Exlert. Both the Chairman and the Mining Expert Member
shall be appointed by the State Government with the previous approval of the Cental Government.
(2) The Tribunal shall follow such prec3edure as may be prescribed.
(3) In regard to any matter of compensation referred to the Tribunal by the Compensation Officer
under section 35, the Tribunal at the commencement of the proceedings before it may require the State
Government and the intermediary to state what in their respective opinions is the amount of
compensation payable; and in giving its decision as to the amount of compensation to be paid; the
Tribunal shall follow the principles laid down in sub-sction(2) of section29, section 32 , section 33 or
section 34 , as the case may be.
(4) In settling the terms and conditions of a lease by the State Government under section 28 , the
Tribunal shall have power to determine the area of land to be comprised in the lease and in so doing
shall have regard to the amount of land reasonably required for the future development of the mining
concern and also to the provisions of section 30.
(5) If there is a difference of opinion between the Chairman and the other member in respect of
any matter, the matter shall be referred to a Judge of the High Court to be nominated by the Chief
Justice and the decisions of such Judge shall be binding on the Tribunal and shall be final and
conclusive.
—————————————————————————————————————————-
1
These words within the square brackets were substituted for the words “an officer not below the rank
of a district Judge” by s. 18 of the West Bengal Estaes Acquisition (Amendment) Act, 1960 (West Ben.
Act XVII of 1960).
48
Page. …. 44.
( Chapter IV. —- Mines and Minerals.— Sections 37, 38.—-
Chapter V. — Preparation of Record-of-rights. —- Section 39.)
peal against 37. An appeal, if presented within two months from the date of the order appealed against, shall lie
ders of the against any order of the Tribunal to the High Court except in respect of matters of difference disposed
bunal. Of under sub-section (5) of sction 36.
yment of 38. The provisions of sections 1
[14,15,] 2[15A] 3[17,] 4
* 19. 5
* 6
[21,22,] 23, 24, and 26
mpensation shall apply mutates mutandis ir regard to the procedure of preparation of Compensation Assement Roll
mines. And the manner of payment of compensation for mines and minerals under this Chapter.
CHAPTER V.
Preparation of Record-of-rights.
paration of 39. (1) Subject to the provisions of sub-section (4) , the State Government may, for carrying out the
cord-of-rights. purposes of this Act, make an order directing—-
(a) that a record-of-rights be prepared in respect of any district, or part of a district , or
(b) that the record –of –rights prepared and finally published under Chapter X of the Bengal
I of 1885. Tenancy Act, 1885, in respect of any district, or part ofamdistrict be revised,
By a Revenue Officer in accordance with the provisions of this Chapter and such rules as amy be made
in this behalf by the State Government.
(2) A notification in the Official Gazette of an order under sub-section (1) of this section shall be
conclusive evidence that the order has been duly made.
(3) When an order is made under sub-section (1), the Revenue Officer shakll record in the recordof-rights
to be prepared or revised in pursuance of such order, such particulars as may be
prescribed.
—————————————————————————————————————————-
1
These figures within the square brackets wee substituted for the figure “15”, by s. 19(1) of the West
Bengal Estates Acquisition (Amendment) Act, 1960,(West Ben. Act XVII of 1960).
2
These figures and letter within the square brackets were inserted by s. 10(1) of the West Bengal
Estates Acquisition (Amendment) Act, 1961 (West Ben. XIX of 1961).
3
These figure within the squar3e brackets were inserted with retrospective effect by s. 11(1) of the
West Bengal Estates Acquisition (Amendment) Act,1957 (West Ben. Act IV of 1957).
4
The figures “18,” omitted by s. 19(2) of the West Bengal Estates Acquisition (Amendment) Act,
1960(West Ben. Act XVII of 1960).
5
The figures and brackets “20(1),” were omitted with retrospective effect by s. 11(2) of the West
Bengal Estates Acquisition (Amendment) Act, 1957 (West Ben. Act IV of 1957).
6
These figures within the square brackets were inserted byb s. 10(2) of the West Bengal Estates
Acquisition (Amendment) Act, 1961 (West Ben. Act XIX of 1961).
49
Page. ….45.
( Chapter V.—- Preparation of record-of-rights.— Section 40.)
1
(4) Where any proceedings in respect of the preparation of the record-of-rights have been commenced
under Chapter X of the Bengal Tenancy act, 1885m before the date on which this Act comes into force
and such record-of-rights has not been finally published , steps shall be taken for the completion and
final publication of such record-of –rights . In taking such steps, the proceedings may be continued
from the stage at which they rested on such date or may be reopened and recommenced from any
earlier stageas may be decided by the Revenue Officer in his discretion having regard to the facts and
circumstances of the case. The proceedings shall be in accordance with such rules as may be prescribed
by the State Government. The record-of-rights shall thereupon be deemed to have been duly prepared
and finally published under this Chapter.
st Ben. Ord Explanation..——- Where before the commencement of the West Bengal estates Acquisition .I of
57. (Amendment) Ordnance, 1957, any proceedings were reopened or recommenced by any Revenue
Officer , such proceedings,—-
(i) shall not be invalid merely on the ground of the proceedings being reopened and
recommenced or not being in accordance with the rules prescribed under this sub-section,
and
(ii) shall be deemed to be proceedings under this sub-section.
yat paying rent 2
40 If, in respect of a holding , a raiyat pays rent wholly in kind or partly in kind and partly in cash,
kind, etc the Revenue Officer shall assess as rent for thee land comprised in the holding,—-
(a) where the raiyat pays rent wholly in kind , an amount calculated at the rate of nine rupees per
acre, and
(b) where the raiyat pays rent partly in kind and partly in cash, an amount calculated at the
prevailing rate of cash rent for lands of similar description and with similar advantages in nthe
vicinity or at the rate of nine rupees per acre, whichever is less,
and record such rent in the record-of-rights.
Explanation :—- In this section ‘ rent in kind’ includes rent which is the cash equivalent of a specified
portion o the produce.
—————————————————————————————————————————-
1
Sub-section(4) was substituted for the original sub-section with retrospective effect by s. 12 of the
West Bengal Estates Acquisition (Amendment) Act, 1957 (West Ben. Act IV of 1957).
2
Section 40 was substituted for the original section with retrospective effect by s. 17 of the West
Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
50
Page. …. 46
( Chapter V. —- Preparation of Record-of –Rights. —— Sections 41, 42.)
yat or undertenant 41. In preparing or revising any record-of-rights under this Chapter , the Revenue Officer shall
ldings land free of fix in respect of any land held free of rent by a person who holds such land free or rent in considerant.
Tion of some service to berendered, a rent determined on the basis of the rent paid by raiyats or nonagricultural
for lands of similar description and with similar advantages in the vicinity.
ermediatry 42. 1
[(1)] 2
[ Save as otherwise provided in sub-section (2), when an intermediary isw entitled] to
le to pay rent. retain possession of any land under sub-section (1) of section 6, then except in cases of land retained
under clasue (h) or (i) and except in the cases referred to in the proviso to sub-section (2) of section 6,
the revenue Officer shall determine the rent payable in the prescribed manner and in accordance with
the following principles, that is to say—-
(i) if the land be agricultural land, on the basis of the rate of rent3
[paid by raiyats or other
persons holding lands] of similar description and with similar advantages in the vicinity;
(ii) if the land be non-agricultural land, at a rate which the revenue Officer may deem fair and
equitable having regard to the rent generally paid for non-agricultural lands of similar
description and with similar advantages in the vicinity 4
[or where such non-agricultural
lands are not available in the vicinity on the rent generally paid for such non-agricultural
lands cannot be readily ascertained, at such rate, not exceeding five per centum of the net
annual income from the land estimated in the prescribed manner, as the Revenue Officer
may deem fair and equitable]:
5
Provided that in the case of an intermediary, who immediately before the date of vesting held any
tenure comprising exclusively of non-agricultural lands, he shall , subject to any law for the time being
in force for assessment or re-assessment of rent,
(a) pay the same rent as he was paying immediately before the date vesting if he retains
all such lands;
—————————————————————————————————————————-
1
Section 42 was re-numbered as sub-section(1) of that section by s. 10 of the West Bengal Estates
Acquisition (Amendment) Act, Act, 1964 (west Ben. Act XXII of 1964).
2
These words within square brackets were substituted for the words “When an intermediary is entitled”
by s. 10(1)9a) ibid.
3
These words within square brackets were substituted with retrospective effect for the words “paid by
raiyats for lands” by s. 18 of the West Bengal Estates Acquisition (Amendment) Act 1961 (West Ben.
Act IX of 1961).
4
These words within square brackets were inserted with retrospective effect by s. 10(1)(b) of the West
Bengal Estates Acquisition (Amendment) Act 1964 (West Ben Act,XXII of 1964).
5
This proviso was added with retrospective effect by s. 6 of the West Bengal Estates Acquisition
(Amendment) Act 1957 (West Ben. Act XXV of 1957).
51
Page. …. 47.
( Chapter V. — Preparation of Record-of-rigths.—- Section 42.)
(b) pay as rent an amount which shall bear the same proportion to the rent he was paying
immediately before the date of vesting, as the area of the land retained by him bears o
the area of all the lands which were comprised in the tenure if he retains only part of
such lands;
(c) pay no rent for the land retained by him if he held such land rent-free immediately
before the date of vesting.
1
(2) when an intermediary is entitled to retain possession of any land comprised in a teagarden under
clause (f) of sub-section (1) as read with sub-section (3) of section 6, the Revenue Officer shall
determine the rent payable in respect of such land in the follwing manner, that is to say—–
(a) for land under cultivation of tea or covered by factories, office buildings or quarters for
labourers of the tea ga4den, at twice the average rate of rent paid for the highest class of
agricultural lands in the vicinity , subject to a maximum of Rs. 6.50 per acre.
(b) For land under cultivation of cardamom, at Rs. 15 per acre,
(c) For land under cultivation of any other crop, at onc and a half times the average rate of
rent paid for the average ccalss of agricultural lands in the vicinity,
(d) For land under hats or markets , at the average rate of rent paid for the highest class of
agricultutal lands in the vicinity, plus an amount equivalent to 50 per centum of th3e net
profits from such hats or markets , and
(e) For any other land , at the average rate of rent paid for the average class of agricultural
lands in the vicinity.
2
(3) Notwithstanding anything to the contrary contained in the proviso to sub-section(2) of section 6 of
in any contract, where any land comprised ina tea-garden is held under a lease, the rent payable by the
lessee in respect of such land shall be rent determined by the revenue Officer in the manner specified in
sub-section (2) .
Explanation.— In this sub-section “lease” included a lease granted directly by the State Government.
2
(4) Notwithstanding anything to the contrary contained in any judgment, decree order of any court or
tribunal or in any law, the rent determined under sub-section (2) or sub-section (3) shall take effect and
shall be deemed always to have taken effect from the date of vesting.
—————————————————————————————————————————-
1
Sub-section(2) ws added by s. 10(2) of the West Bengal Estates Acquisition (Amendment) Act 1964
(West Ben. Act XXII of 1964).
2
Sub-sections (3) and (4) were inserted by s. 3 of the West Bengal Estates Acquisition (Amendment)
Act 1969 (West Ben. Act XXXI of 1969).
52
Page. ….48.

( Chpter V.— Preparation of Record-of-rights.—– Section42A-44)
termination of 1
42A (1) If, for any reason, the rent payable in respect of any land retained by an intermediary under
nt after draft sub-section (1) of section 6 has not been determined before the draft or final publication of the recordfinal
publication of-rights under this Chapter , then, notwithstanding anything contained elsewhere in this Act, the
record-of-rights. Revenue Officer may, at any time after giving notice to the person concerned, detemine the rent in
accordance with the provisions of sections 40,41 and 42 and enter the rent so determined in the recordof
–rights.
(2) any person aggrieved by an order of the Revenue Officer deermining rent
under sub-section (1) mu appeal to such authority and within such time as
may be prescribed.
(3) The decision of the Apellae Authority on such appeal shall be final and
the Revenue Officer shall, if necessary , correct, in accordance with such
decision, the entry relating to rent made by him in the record-or –rights.
ect of rents settled 43. All rents determined under this Chapter , and entered in the record-of-rights shall be deemed to
der this Chapter. Have been correctly determined and to be fair and equitable for the purposes of this Act 2
[and shall be
payable at such times and in such instalments as may be prescribed, and the period of limitation for the
institution of suits relating to the recovery of arrears of rent shall be as provided in article 149 of the
First Schedule to the Indian Limitation Act, 1908.] IX of 1908.
aft and final 44. (1) When a record-of-rights has been prepared or revised 3
* *, the Revenue Officer shall
blication of the publish a draft of the record so prepared or revised in the prescribed manner and for the prescribed
cord-of-rights. period and shall receive and consider any objections which may be made to any entry therein or to any
Omission there from during the period of such publications :
4
Provided that no order passed under section 5A shall be liable to be reopened in pursuance of an
objection made under this sub-section.
(2) When all such objections have been considered and disposed of according to such rules as
the State Government may make in this behalf, the Revenue Officer shall finally frame the record and
cause such record 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 under his name
and official designation :
—————————————————————————————————————————-
1
Section 42A was inserted with retrospective effect by s. 11 of the West Bengal Estates Acquisition
(Second Amendment) Act, 1961 (West Ben. Act XIX of 1961).
2
These words and figures within square brackets were added by s. 12 ibid.
3
The words “as afore said”were omitted with retrospective effect by s. 13(1), ibid.
4
This proviso was added with retrospective effect by s. 12 of the West Bengal Estates acquisitions
(Amendment) Act, 1955 (West Ben. Act XXXV of 1955).
Page. ….. 49.
53
( Chapter V. Preparation of Record-of-rights. —— Section 44.)
1
* * * * *
2
(2al) Separate publication of different parts of draft or final records may be made under sub-section
(1) or sub-section (2).
3
(2a) An officer specially empowered by the State Government may, 4[on application within nine
months, or of his own motion within 5
(fifty years,)] from the date of final publication of the record-of –
rights or from the date of coming into force of the West Bengal Estates Acquisition (Second
Amendment) Act, Ordinance, 1957, whichever is later, revise an entry in the record finally published
st Ben.. in accordance with the provisions of sub-section (2) after giving the persons interested an opportunity
d.X of 1957 of being heard and after recording reasons therefore :
Provided that nothing in the foregoing paragraph shall be deemed to empower such officer to modify
or cancel any order passed under section 5A, wh8le revision any entry :
Provided further that no such officer shall entertain any application under this sub-section or shall of
his own motion take steps to revise any entry, if an appeal against an order passed by a Revenue
Officer on any objection made under sub-section (1), has been filed before the commencement of the
West Bengal Estates Acquisition (Second Amendment) Ordinance, 1957, before a Tribunal ppointed
for the purpose of this section , and, notwithstanding anything in this section, any suchy appeal may
continue and be heard and disposed of as if the West Bengal Estates Acquisition (Second Amendment)
Act, Ordinance , 1957, has not been promulgated.
—————————————————————————————————————————-
1
The proviso to sub-section (2) was omitted by s. 13(2) of the West Bengal Estates Acquisition (Second
Amendment) Act, 1961 (West Ben. Act XIX of 1961).
2
Sub-section (2al) was inserted with retrospective effect by s. 19(2) of the West Bengal Estates
Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961).
3
Sub-section (2a) was inserted with retrospective effect by s. 7(a) of the West Bengal Estates
Acquisition (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957).
4
These words within the square brackets were substituted with retrospective effect for the words “on
application or of his own motion, within nine months” by s, 13(3) of the West Bengal Estates
Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961).
5
These words within the square brackets “nine years” wee substituted for the words “sis years” by s. 9
of the West Bengal Estates Acquisition ( Amendment ) Act, 1963(West Ben. Act XXII of 1963), the
words “twelve years” were substituted for the words “nine years” bu s. of the West Bengal Estates
Acquisition ( Amendment ) Act, 1967, (West Ben. Act IX of 1967), the words “fifteen years” wee
substituted for the words “twelve yeas” by s. 4 of the West Bengal Estates Acquisition ( Amendment )
Act, 1969 (West Ben. Act XXXI of 1969), the words “eighteen yeas”were substituted for the words
“fifteen years”by s. 2 of the West Bengal Estates Acquisition (Amendment) Act, 1973 (West Ben. Act I
of 1973), the words “twenty –one years” were substituted for the words “eighteen years” by s. 4 of the
West Bengal Estates Acquisition (Amendment) Act, 1975 (West Ben. Act XXI of 1975), the words
“twenty-five years” were substituted for the words “twenty-one years” by s. 2 of the West Bengal
Estates Acquisition (Amendment) Act, 1978 (West Ben. Act XXII of 1978), the words “thirty years”
were substituted for the words “twenty –five years” by s. 2 of the West Bengal Estates Acquisition (
Amendment) Act, 1982 (West Ben. Act XX of 1982), the words”thirty-five years” were substituted for
the words “thirty years” by s. 2 of the West Bengal Estates Acquisition ( Amendment) Act, 1987(West
Ben. Act XI of 1987), the words “forty years” were substituted for the words “thirty years” by s. 2 of
the West Bengal Estates Acquisition ( Amendment) Act, 1992 (West Ben. Act 1992), and the words
“fifty years” were substituted for the words “forty years” by s 2. of the West Bengal Estates
Acquisition (Amendment) Act, 1997 (West Ben. Act XX of 1997).
Page. ….50.
54
( Chapter V. Preparation of Record-of –rights. —- Section 44.)
(2) Any person aggrieved by an order passed 1[in revision under subsection (2a) may appeal in
the prescribed manner to a Tribunal appointed for the purpose of this section, and within such period2[
and on payment of such court fees] as may be prescribed.
3
(3a) The certificate of final publication referred to I sub-section (2), or in the absence of such
certificate, a certificate signed by the Collectror of any district in which the area to which he record-ofrights
relates is wholly or partly situate, stating that a record-of-rights has been finally published on a
specified date, shall be conclusive proff of such publication and of the date thereof.
3
(3b) The State Government may, by notification , declare with regard to any specified area, that a
record-of-rights has been finally published for every village included in such area and such notification
shall be conclusive proof of such publication.
3
(3c) In any suit or other proceeding in which a record-of-rights prepared and published under this
Chapter, or a duly certified copy thereof or extract therefrom , is produced, such record-of-rights shall
be presumed to have been finally published unless such publication is expressly denied.
4
(4) Every entry in the record-of-rights finally published under sub-section(2) including an entry
revised under sub-section (2a) 5
[,made under section 42A]or corrected under section 45 or section 45A
shall, subject to any modification by an order on appeal under sub-section(3), be presumed to be
correct 6* * * * *. 1
These words within the square brackets were substituted with retrospective effect for the words “by a
Revenue Officer on any objection made under sub-section (1)”by s. 7(b) of the West Bengal Estates
Acquisition Act, 1957 (West Ben. Ac XXV of 1957).
2
these words within the squae brackes were inserted with retrospective effect by s. 13(1) of the West
Bengal Estates Acquisition Act, 1957 (West Ben. Act. IV of 1957).
3
Sub-section (3a) ,(3b) and (3c) were inserted with retrospective effect by s. 13(2) , ibid.
4
Sub-section (4) was substituted with retrospective effect for the original sub-section by s. 7( c) of the
West Bengal Estates Ac1quisition (Second Amendment) Act, 1957 (West Ben. ActXXV of 1957).
5
The words , figures and letter within the square brackets were inserted with retrospective effect by s.
13(4) of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of
1961).
6
This words “until it is proved by evidence to be incorrect” were omitted by s. 3 of the West Bengal
Estates Acquisition (Second Amendment) Act, 1973 (West Ben. Act XXXIII of 1973).

Page. ….51.
55
( Chapter V. —– Preparation of Record-of-rights.—–Section 45, 45A , 46).
rrection of bona fide 45. Any Revenue Officer specially 1
empwered by the State Government in this behalf may, on
stakes in record-of- application 2
[within one year, or of his own motion 3
(within nine years)] from the date of
ghts. Certificate of the final publication of the record-of-rights under sub-section (2) of section 44 , correct
any entry in such record-of-rights which he is satisfied has been made owing to a bonafide mistake:
Provided that no such correction shall be made if an appeal affecting such entry has been presented
under sub-section (3) of section 44 or until reasonable notice has been given to the parties concerned to
appear and be heard in the matter.
4
45A. Any revenue Oficer specially 5
empowered by the State Government in this behalf may correct
any entry in any record-of-rights if it is necessary in his opinion to do so 6[in pursuance of an order
under section 5A or] on account of any amendment made in nthe provisions of this Act or the rules
made thereunder:
Provided that no such correction shall 7
[, except whrer it is made in pursuance of an order under section
5A] be made until reasonable notice has been given to the parties concerned to appear and be heard in
the matter.
46.[ (Bar to jurisdiction of civil Court in respect of certain matters.)— omitted by the Wes Bengal
Estates Acquisition (Second Amendment) Act, 1973 (West Ben. Act XXXIII of 1973).]
—————————————————————————————————————————-
1
For Notification empowering certain officers specially to make corrections in the record-of-rights in
respect of lands in the districts of Cooch Behar, Jalpaiguri and Darjeeling, see Notification No. 7462L
Ref., dated 3.4.57 , published in the Calcutta Gazette of 1957, Part I page 1475.
2
These words within the square brackets were substituted with retrospective effect for the words”or of
his own motion within one year” by s. 20 of the West Bengal Estates Acquisition (Amendment) Act,
1961 (West Ben. Act IX of 1961).
3
Thesewords within the first brackets “were substituted for the words “within five years”by s. 10 of the
West Bengal Estates Acquisition (Amendment) Act, 1963,(West Ben. Act XXII of 1963).
4
This new section 45A was inserted with retrospective effect by s. 14 of the West Bengal Estates
Acquisition (Amendment) Act, 1957 (West Ben. Act IC of 1957).
5
For Notification especially empowering cetain officers to make corrections in the record-fo-rights
prepared in respect of lands in the districts of Cooch Behar , Jalpaijuri and Darjeeling, see Notification
NO. 17212L .Ref., dated 6.9.57 , published in the Calcutta Gazette of 1957, Part I page 3337, s
subsequently amended.
6
these words, figure and letter within the square brackets were inserted by s. 21(1) of the West Bengal
Estates Acquisition (Amendment) Act,1961 (West Ben. Act IX of 1961).
7
These words , figure and letter within the square brackets were inserted by s. 21(2) , ibid.
Page . …. 52
56
( Chapter V. Preparation of Record-of-rights. — Sections 47,48 —
Chapter VI.— Acquisition of interests of raiyars and under-raiyats.
—- Section 49, 50.)
dification of the 47. The record-of-rights prepared and finally published under the provisions of this Chapter or
ally published deemed to have been so prepared and finally published , for any district or part of a district in
cord-of-rights. Respect of which a notification under section 4 has been duly published, shall as soon as may be after
the date of vesting be modified by eliminating therefrom all the interests of the intermediaties which
have vested in the State and showing therein only the tenants who hold directly under the State as a
result of vesting of such interests in the State. One or more numbers to be borne on the revfenue roll of
the district shall be assigned by the Collector in respect of the areas to which such record-of-rights
relates in accordance with such rules as the State Government may make in this behalf and the
Revenue Officer shall make a certificate that the record-of-rights has been so modified and shall date
and subscribe the same under his name and official designation.
Provided that entries in record-of-rights eliminated under the foregoing paragraph shall be deemed to
be in force for the purpose of the preparation of the Compensation Assessment Roll and for all
proceedings connected therewith or arising therefrom.
sts of preparation 48. The cose of preparation of record-fo-rights prepared or deemed to have been prepaed under this
record-of-rights. Chapter shall be borne by the State Government.
CHAPTER VI.
1[ Acquisition of interests of raiyats and under-raiyats.]
hen this Chapter is 2
49 The provisions of this Chapter shall come into 3[force on such date and in such district or part
come into force. Of a district as the Satate Government may, by notification in the Official Gazette, appoint and for
this [purpose different dates may be appointed for different districts or pats of districts.
50 [(Certain persons to be deemed to be intermediaries.) Omitted with retrospective effect by s, 15 of
the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955).]
—————————————————————————————————————————-
1
This heading was substituted with retrospective effect for the original heading by s. 13 of the West
Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Acy XXXV of 1955).
2
Section 49 was substituted with retrospective effect for the original section by s. 14, ibid.
3
This chapter came into force in all the districts of West Bengal with effect from the 10th day of April ,
1956, vide notifivation NO. 6804L. Ref., dated 9th April 1956 of the Land and Land Revenue
Department, published in the Calcutta Gazette, Estraordinary, of the 9th April, 1956, Part I, page 743.
57
Page. …53.
( Chapter VI. — Acquisition of raiyats and under –raiyats.— Section 51, 52.)
51. [(Notification vesting certain khas lands and rent-receiving interests.) Omitted with
retrospective effect by s. 15 of the West Bengal estates Acquisition (Amendment) Act. 1955
(West Ben. Act. XXXV of 1955).]
plication of Chapters 1 52. ON the issue of a notification under section 49 the provisions of Chapters II,III,V and VII
II,V and VII raiyats and shall, with such modification as may be necessary, apply mutates mutandis to raiyats and
der-raiyats. Under-raiyats as if such raityas were intermediaries and the land held by them were estates
and a person holding under a riayat or an under-raiyats were a raiyat for the purposes of clauses ( c)
and (d) of section 5:
2
Provided that, where a riayat or an under-raiyat retains, under section 6 read with this section , any
land comprised in a holding, then notwithstanding anything to the contrary contained in sub-section (2)
of section 6, he shall pay,—
(a) in cases where he was paying rent for the lands comprised in the holding and held by him
immediately before the date of vesting (hereafter in this proviso referred to as the holding
lands),
(i) if he retains all the holding lands, the same rent as he was paying therefore immediately
before the date of vesting and
(ii) if the land retained by him forms part of the holding lands, such rent as bears the same
proportion to the rent which he was paying for the holding lands immediately beofrwe the
date of vesting as the area of the land retained by him bears to the area of all the holding
lands;
(b) in cases where he was liable to pay rent but was not paying any rent for the holding lands
immediately before the date ov vesting on the ground that the rent payable by him therefore
was not assessed , such rent as may be assessed, mutates mutandis, in accordance with the
3
[provisions of section 42; 3*];
—————————————————————————————————————————-
1
Section 52 was substituted for the former section with retrospective effect by s. 16 of the West Bengal
Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955).
2
This proviso was originally added with retrospective effect by s. 15 of the West Bengal Estates
Acquisition (Amendment) Act, , 1957 (West Ben. Act IV of 1957), and thereafter this proviso was
substituted with retrospective effect for the proviso originally added by s. 22 the West Bengal Estates
Acquisition (Amendment) Act, 1961, (West Ben. Act IX of 1961).
3
The words andn figures “provisions of section 42; and” were substituted for the wordas “Provisions of
section 42,” by s. 11(i) of the West Bengal Estates Acquisition (Amendment) Act, 1963(West Ben. Act
XXII of 1963).and thereafter the word “and” at the end was omitted by s. 11(1) of the West Bengal
Estates Acquisition (Amendment) Act,, 1964 (West Ben. Act.XXII of 1964.)
Page. … 54.
58
( Chapter VII. —- Supplemental and Miscellaneous. —- Section 53.)
1
( c) in case where he was liable to pay rent wholly in kind or partly in kind and partly in cash , then,
notwithstanding anything contained in clause (c ) of section 5 such rent as may be assessed in
accordance with the 1[provisions of section 40; and]
3
(d) in cases where he was liable immediately before the date of vesting to pay for the hodling lands
a variable cash rent periodically assessed, such rent as may be assessed , mutates mutandis, in
accordance with the provisions of section 42.
CHAPTER VII.
Supplemental and Miscellaneous
thorities for the 53 4
[(1)] There shall be the following authorities for the purposes of this Act, namely :—
rposes of this Act.
(a) The Board of Revenue;
(b) Director of Land Records and Surveys;
(c) Settlement Officers ;
(d) Assistant Settlement Officers;
(e) Compensation Officers;
(f) Revenue Officers; 5
(ff) Officers appointed by the State Government for the purposes of sub-clause (iv) of clause (a) subsection
(1) of section –16;
(g) Mining Experts for the purposes of sections 32,33or 34.
4
(2) The State Government may 6
appoint any person as a Compensation Officer or a Revenue Officer
or may vest any officer with the powers of a Compensation Officer or a Revenue Officer under this
Act.
—————————————————————————————————————————-
1
Clause ( c) was added by s, 11 (ii) of the West Bengal Estates Acquisition (Amendment) Act, 1963
(West Ben. Act, XXII of 1963).
2
Thses words and figures within the square brackets were substituted for the words “provisions of
section40” by s. 11(2) of the West Bengal Estates Acquisition (Amendment) Act,1964 (West Ben Act
XXII of 9164).
3
Clause (d) was added with retrospective effect by s. 121(3) , ibid.
4
Section 53 was re-numbered as sub-section (1) of that section, and after that sub-section , sub-section
(2) was added by s. 20 of the West Bengal Estates Acquisition (Amendment) Act,, 1960 (West Ben.
Act XVII of 1960).
5
Clause (ff) was inserted by s.14 of the West Bengal Estates Acquisition (Second Amendment) Act,
1961,(West Ben. Act XIX of 1961).
6
For notification vesting certain officers with the powers of a Compensation Officer under the Act, see
notification NO. 17086L.Ref., dated 18.11.60 , published in the Calcutta Gazette, Extraordinary of
1960, Part I page 3031.
Page. ….55.
59
( Chapter VII. —- Supplemental and Miscellaneous. — Sections 54-55A).
legation of powers 54. (1) The State Government may, by 1
notification in the Official Gazette, delegate any of the
the State Gover- powers under this Act, except the power of making rules under section 59, to the Board of
ment and powers and Revenue 2
[the Commissioner of a Divisions or a Collector] subject to such reservations, if any,
he authorities. as May be specified in the notification.
(2) all authorities referred to in section 53 shall exercise such powers and perform such duties
unter this Act or any rules made thereunder as may be conferred or I posed or them.
pointment of 3
55 (1) The State Government may 4
appoint a person who is or has been a District Judge or an
ecial Judges Additional district Judge to be a Special Judge for the purpose of section 11 of of sction 20.
d Tribunals.
(2) The State Government may 5
section one or more Tribunals for the purpose of sction44 . Such
tribunal shall be composed of a single member who shall be 6
[a person who is or has been] a
district Judge 7[or an additional District Judge ] and shall have all the powers of a Civil Court
under the Code of Civil Procedure , 1908.
t. V of 1908.
f 1908. 8
55A. The provisions of section 5 and 12 of the Indian Limitation act 1908, shall to any appeal or
application under this Act.
mitation. —————————————————————————————————————————-
1
For notification relating to ——
(a) authoristion of authority and certain officers to sanction ad interim payments under the 2nd
proviso to s. 12(1) of the Act to intermediary up to the amount sp3ecified, subject to certain
conditions, see notification No. 576L Ref., dated 9.1.59, published in the Calcutta Gazette of
1959, Part I, page 384, as subsequently amended.
(b) Appointment of certain officers asRevenue Officers for the purpose of the Act in respect of
their respective jurisdictions , see notification No. 19602L Ref., dated 16.12 60, published in
the Calcutta Gazette of 1960, Part I, page 4072.
2
These words within the square brackets were inserted by s. 2 of the West Bengal Estates Acquisition
(Second amendment) Act, 1958, (West Ben, Act XXV of 1958).
3
Sub-section (1) was substituted for the previsous sub-section by s. 21(1) of the West Bengal Estates
Acquisition ( amendment) Act, 1960, (West Ben. Act XVII of 1960).
4
For notification relating to appointment of certain officers to be Special Judges appointed for the
purpose of section 20 of the Act in respect of the districts specified , see notification NO. 8316L. Ref.,
dated 7.5.57 published in the Calcutta Gazette of 1957, Part Ipage 1636.
5
For notifiaction relating to appointment of—-
(a) a tribunal for the purpose of section 44 of the act in resoect of the districts of Mindapore, 24-
Pargans, Burdwan ,Jalpaiguri and Malda , se notification No. 13464L.Ref., dated 15.7.55,,
published in the Calcutta Gazette of 1955, Part I page 2898 , as subsequently amended.
(b) A Tribunal for the purpose of section 44 of the Act in respect of each of the districts specified
, see notification no 18504L. Ref., dated 22.9.55, published in the Calcutta Gazette of 1955 ,
Part I , Page 4118, as subsequently amended.
(c) The additional District Judge, Midnapore, see notification No.6676L. Ref., dated 11.4.57,
published in the Calcutta Gazette of 1957, Part I, page 1340. 6
These words within the square brackets were substituted for the words”an officer not below the rank
of” by s.21(2) of the West Bengal Estates Acquisition (amendment) Act,1960 (West Ben. Act XVII of
1960).
7
These words within the square brackets were inserted with retrospective effect by s. 17 of the West
Bengal Estates Acquisition ( amendment) Act,1955 (West Ben. Act XXXV of 1955).
8
This new section 55A was inserted by s. 22 of the West Bengal Estates Acquisition ( amendment)
Act, 1960 (West Ben. Act XVII of 1960).
Page. …. 56.
60
( Chapter VII. Supplemental and Miscellaneous. — Sections 56-57B)
wer to enter upon 56. A revenue Officer, subject to any rules made under this Act, may, at any time giving previous
nd, to make survey, notice, enter upon any land with such officers or other persons as he considers necessary, and make
. a survey of the land or take measurements thereof or do any other acts which he considers t be
necessary for carrying out any of his duties under this Act or any rules made there under.
wer to compel 57. (1) Subject to any rules made under this Act, a Revenue Officer may, for the purposes of this Act,
duction of by notice require any person to make and deliver to him a statement or to produce records or
tements and documents in his possession or control relating to any interest whatsoever in any land at a time pr place
cuments and specified in the notice.
force attendae
of witnesses. (2) Every person required to make or deliver a statement or produce any record or document under this
section shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the
t XLV of 1860. Indian Penal Code.

(3) For the purposes of an inquiry under this Act a Revenue Officer shall have power to summon
and enforce the attendance of withnesses or of any person hving any interest whatsoever in
any land and to compel the production of documents by the same means and, so far as may be,
in the same manner as is provided in the case of a Civil Court under the Code of Civil
Procdure, 1908.
t V of 1908.

wer of State 1
57A The State Government may by 2
order invest any authority referred to in section 53 with all or
vernment to any of the powers of a civil Court under the Code of Civil Procedure, 1908.
est cetain
thorities
a Civil court.
r to jurisdiction 3
57B (1) Where an order has been made under sub-section (1) of section 39 directing the
Civil Court in preparation or revision of a frecord-of-rights, no Civil Court shall entertain any suit or
spect of cetain Application for the determination or rent or determination of the status of any tenant
tters. Or the incidents of any tenancy to which the record-of-rights relates, and if any suit or application , in
which any of the aforesaid matters, is in issue, is pending before a Civil Court on the date of such
order, it shall be stayed, and it shall , on the expiry of the period prescribed for an appeal under subsection
(3) of section 44 or when an appeal has been filed under that sub-section , as the case may be ,
on the disposal of such appeal, abate so far as it relates to any of the aforesaid matters.
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1
This new section 57A was inserted with retrospective effect by s. 16 of the West Bengal Estates
Acquisition (Amendment) Act, 1957 (West Ben. Act IV of 1957).
2
For notification investing-
(a) all Compensation Officers withy the powers of a Civil Court under ss. 30,31 and 32 of the
Code of Civil Procedure, 1908, see notification No. 19622L. Ref., dated 25.10.57, published
in the Calcutta Gazette of 1957, Part I , page 3930
(b) all Settlement , Assistant Settlement and Revenue Officers with all the powers of a Civil
Court under the Code of Civil Procedure ,1908, see notification NO. 340L. Ref., dated 9.1.58,
published in the Calcutta Gazette of 1958, Part I, page 191.
3
Section 57B was inserted by s. 5 of the West Bengal Estates Acquisition (Second Amendment) Act,
1973(West Ben. Act XXXIII of 1973).
61
Page. …57.
(Chapter VII. —- Supplemental and Miscellaneous. —– Section 58.)
(2) No Civil Court entertain ant suit or application concerning any land or any estate, or any right in
such estate, if it relates to—
(a) alteration of any entry in the record-of-rights finally published , revised, made , corrected or
modified under any of the provisions of Chapter V,
(b) a dispute involving determination of the question, either expressly or by omplication, whether
a raiyat, or an intermediary, is or is not entitled to retain under the provisions of this Act such
land or estate or right in such estate, as the case may be, or
(c) any matter which under any of the provisions of this Act is to be , or has already been,
enquired into, decided, dealt with or determined by the State Government or any authority
specified therein.
st Ben. Act and any such suit or application which is pending before a Civil Court immediately before the
XXIII of 1973. commencement of the West Bengal estates Acquisition (Second Amendment) Act , 1973, shall
Abate so far as it relates to all or any of the matters referred to in clause (a), clause (b) or clause (c).
(4) any dispute referred to in clause (b) of sub-section (2) may be decided by aRevenue Officer
not below the rank of an Assistant Settlement Officer , specially em[powered by the State
Government in this behalf, who shall dispose of the same in such manner as may be
prescribed:
Provided that in deciding a dispute under this sub-section the Revenue Officer shall not re-open any
matter which has already been enquired into, investigated, determined or decided by the State
Government or any authority under any of the provisions of this Act.
(5) Any person aggrieved by a decision of the Revenue Officer made unsder sub-section (3) may
appeal to the prescribed authority not below the rank of a Settlement Officer, within such
time, in such manner and subject to payment of such fees as may be prescribed.
(6) A decision made by a Appellate Authority under sub-section (4) shall be final.
Explanation.—-In this section,—–
(i) suit includes an appeal, and
(ii) an authority includes an authority to hear an appeal.
tection of 58. (1) No suit, prosecution or other legal proceeding shall le against any person for anything which is
tion taken in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
der the Act.
62
Page. …..58.
(Chapter VII.— Supplemental and Micellaneous. — Section 59.—
Chapter VIII.— Application of the Act to ansferred territories .— Sections 60,61).
(2) Save as otherwise expressly provided under this Act , no suit or other legal proceeding shall lie
against the State Government for any damage caused or likely to be caused or for any injury suffered or
likely to the suffered by virtue of any provisions of this Act or any rules made there under of by
anything in good faith done or intended to be done in pursuance of this Act or any rules made there
under.
wer to make rules. 59. (1) The State Government may, after previous publication, make rules for carrying out the
purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules1
may
provide for all or any of the matters which, under any provisions of this Act, are required to the
prescribed or to be provided for by rules.
2
CHAPTER VIII.
Application of the Act to transferred territotries.
hen this Chapter 60. The provisions of this Chapter shall come into 3
force on such date and in such area of the
o come into force. transferred territories as the State Government may, by notification in the in the Official Gazette
Appoint, and for this purpose different dates may be appointed for different areas.
Explanation.— In this Chapter ‘transferred territories’ means the territories transferred from the State
of Bihar to the State of West Bengal by section 3 of the Bihar and West Bengal (Transfer of
of 1956 Territories) Act 1956.
plication of the 61. On the issue of a notification under section 60, in the area in respect of which such notification is
t to transferred issued,—-
rritories.
(1) the Bihar Land Reforms Act, 1950, shall stand repealed and the provisions of the foregoing Chapter
har Act 30 of 1950. of this Act shall, mutates mutandis apply :
I of 1885. Provided that any reference in the foregoing Chapters of this Act to the Bengal Tenency Act, 1885 , or
any provisions thereof shall, as the case may be, be construed as a reference,—–
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1
For rules made in exercise of the power conferred by this section, see notification No. 8074 L.,Ref.,
dated the 28th May, 1954 of the Land and Land Revenue Department, published in the Calcutta
Gazette , extraordinaty, dated the 28th Many,, 1954, Part I, pages 741-769, as subsequently amended
from time to time.
2
Chapter VIII containing ss. 60 and 61 was added by s. 2 of the West Bengal Estates Acquisition
(Second Amendment) Act, 1963 (West Ben. Act XL of 1963).
3
This Chapter was broughts into force in all areas of the territories transferred from the State of Bihar t
to the State of West Bengal under the Bihar and West Bengal (Transfer of Territories) Act, 1956 (Act
40 of 1957) with effect from the 1st day of March , 1964. vide notification No. 2672-L. ref., dated the
17th February ,m 1964, published in the Calcutta Gazette , Extraordinary, dated the 17th February, 1964,
Part I, page 407.
63
Page. ….59.
( Chapter VIII. — Application of the Act to transferred territories . — Section 61.)
(i) in the case of application of such Chapters to the area comprised in the district of Purulia ,
n Act VI of 1908. to the Chota Nagpur Tenancy Act, 1908, or the corresponding provisions thereof, and
(ii) in the case of application of such Chapters to any other area of the transferred territories ,-
— to the Bihar tenancy Act, 1885, or the corresponding provision thereof;
I of 1885.
(2) estates or interests vested in the State Government under the provisions of the Bihar Land
har Act 30 of 1950. Reform Act , 1950, prior to the date of issue of the notification shall be deemed to have vested
in the State Government under the provisions of this act :
Provided that—-
(i) no intermediary shall be allowed to retain any land other than, or in excess of, what is
permitted under the provisions of section 6 or any other provision of this Act:
(ii) any land or interest which has vested in the State Government under the provisions of the
Bihar Land Reforms Act, 1950, but which the ex-intermediary shall be entitled to retain
under the provisions of this Act sha,, if possible, be restored to him and no compensation
shall be payable for any land or interest so rest9red;
(iii) assessment of compensation already made or in progress on or before the date of issue of
the notification shall be reopened and assessment of compensation for all lands and
interests vested or deemed to have been vested in the State government under this Act
shall be made afresh under the provisions of this Act;
1(iv) if an intermediary has possessed any land other than, or in excess of, what is permitted
under the provisions of section 6 of any other provision of this Act, he shall be liable to
pay to the State Government for the period for which he has continued in possession of
such land after his estate or interest vested in the State Government, such damages for use
and occupation of such land as shall be calculated at the rate of Rs. 10 per acre per
annum;
1(v) any sum payable by an intermediary as damanges under clause (iv) shall be recoverable
as a public demand.
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