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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.
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Edition 2017

THE WEST BENGAL ESTATE ACQUISITION ACT, 1953

[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.

CHAPTER II.
Acquisition of estates and of the rights of intermediaries therein……………MORE

CHAPTER V.
Preparation of record – of- rights.

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SUPREME COURT JUDGMENTS

  1. Bengal Ambuja Housing … vs Pramila Sanfui And Ors [2015]
  2. Tandon Brothers vs State Of West Bengal And Ors [ 2001]
  3. Ardhendu Bhusan Haldar (Dead) By … vs Smt. Gangamoni Mondal Etc. Etc [ 1990 ]
  4. Abdulla Kabir vs Md. Nasiruddin on [ 1989 ]
  5. Saboj Kumar Bose vs Kanailal Mondal & Ors [ 1985]
  6. Sasanka Sekhar Maity & Ors. Etc vs Union Of India & Ors[ 1980]
  7. Tarkeshwar Sio Thakur Jiu vs Bar Dass Dey & Co. And Ors [ 1979]
  8. State Of West Bengal vs Sudhir Chandra Ghose & Ors[ 1976]