The west bengal estates acquisition act, 1953
west-bengal · 1954
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- S. 1(1) This Act may be called the West Bengal Estates Acquisition Act, 1953
- S. 2Section 2 defines key terms used in the West Bengal Estates Acquisition Act, 1953, including "agricultural year," "agricultural land," and "homestead."
- S. 3The provisions of this Act shall have effect notwithstanding anything to the contrary Other laws etc
- S. 4Notification vesting estates and rights of intermediaries
- S. 5Section 5 vests state ownership of estates and intermediary rights, including sub-soil and forest lands, upon notification.
- S. 5ARestriction on certain transfers
- S. 5BSection 5B exempts certain estates from being sold under previous acts related to land acquisition.
- S. 6Section 6 allows intermediaries to retain certain lands, including homesteads, buildings, non-agricultural land up to fifteen acres, and agricultural land, subject to specific conditions and limitations.
- S. 7Arrears of land revenue, cases, taxes and impositions due from any intermediary
- S. 8Section 8 allows intermediaries to recover rent and cess arrears, including interest, from persons affected by the vesting of estates under the Act.
- S. 9Section 9 allows intermediaries to apply to the State Government for recovery of sums due under the Act, with certain conditions and amendments.
- S. 10Section 10 mandates the Collector to take charge of estates and requires intermediaries to relinquish possession and deliver management documents.
- S. 11Penalty or non-compliance of Collector’s order
- S. 12Payment of ad interim compensation
- S. 13Section 13 manages state-acquired estates and interests, allowing government rules and statutory authority management.
- S. 14Preparation of Compensation Assessment Roll
- S. 15Section 15 outlines the process for filing and disposing of objections to the compensation assessment roll and its preparation for intermediaries with interests in multiple areas.
- S. 15AFiling and disposal of objections to Compensation Assessment Roll prepared under sub- section (5) of section 15
- S. 16Gross income and net income
- S. 17(1) After the net income has been computed under section 16, the Compensation Officer ion
- S. 18[Preliminary publication of Compensation Assessment Roll and disposal of objections
- S. 19Contents of the order of Compensation Officer
- S. 20Section 20 allows the State Government to forfeit compensation from intermediaries who underreport estates or transfer land before compensation payment.
- S. 21Section 21 updates and publishes the Compensation Assessment Roll after resolving objections, making it conclusive evidence.
- S. 22Correction of bona fide mistakes
- S. 23Manner of payment of compensation
- S. 24Section 24 directs the Compensation Office to deposit compensation for interests in government or approved securities until they are transferred to rightful owners.
- S. 25(1) 3[No intermediary]shall be entitled to receive on account of compensation any mopensation
- S. 26Extent of recovery of compensation money by attachment
- S. 27Section 27 overrides any conflicting provisions in the West Bengal Estates Acquisition Act, 1953.
- S. 28So much of the land 1 * * * * in a notified area held by an intermediary ectly working mines
- S. 29(1) All leases of mines and minerals in a notified area granted by an intermediary and subsisting nes or minerals
- S. 30Provision for lands comprised on works, buildings , etc
- S. 31Section 31 mandates the Compensation Officer to prepare a Compensation assessment Roll for intermediaries with unexploited minerals, leased lands, or existing mineral leases.
- S. 32Section 32 calculates compensation for intermediaries based on probable mineral income, using a mining expert's opinion.
- S. 33Section 33 of the West Bengal Estates Acquisition Act, 1953, directs the Compensation Officer to calculate intermediary's compensation based on their average annual income and a deemed net income from mining.
- S. 34Section 34 outlines the method for calculating compensation for intermediaries based on their net income and other factors.
- S. 35If the amount of compensation determined under sub-section (2) of section 29 , section 32 , section bunal
- S. 35ASection 35A allows the State Government to investigate and cancel non-bonafide land transfers made after vesting, or deem bonafide transfers valid.
- S. 36Section 36 establishes a Mines Tribunal to determine compensation and lease terms in mining disputes, with a Chairman and a Mining Expert, and allows for High Court intervention in disagreements.
- S. 37Section 37 allows recovery of pre-vesting land revenue and taxes from intermediaries by deducting from compensation due to them.
- S. 38The provisions of sections 1[14,15,] 2[15A] 3[17,] 4* 19
- S. 39(1) Subject to the provisions of sub-section (4) , the State Government may, for carrying out the cord-of-rights
- S. 40Raiyat paying rent in kind,etc
- S. 41Raiyat or under –tenant holding land free of rent
- S. 421[(1)] 2[ Save as otherwise provided in sub-section (2), when an intermediary isw entitled] to le to pay rent
- S. 43—
- S. 44Section 44 mandates the Revenue Officer to publish a draft record of rights and consider objections before finalizing and publishing the record.
- S. 45Correction of bona fide mistakes in record-of-rights
- S. 46(Omitted)
- S. 47Section 47 modifies the record-of-rights to reflect only direct tenants after state acquisition, assigning revenue numbers and maintaining eliminated entries for compensation purposes.
- S. 48Costs of preparation of record-of-rights
- S. 49When this chapter is to come into force
- S. 50(Omitted)
- S. 51[(Notification vesting certain khas lands and rent-receiving interests
- S. 52Application of Chapters II, III, V and VII to raiyats and under-raiyats
- S. 53Authorities for the purposes of this Act
- S. 54Delegation of powers by the State Government and powers and duties of the authorities
- S. 55Appointment of Special Judges and tribunals
- S. 55ALimitation
- S. 56Power to enter upon land, to make survey, etc
- S. 57Section 57 empowers a Revenue Officer to summon witnesses and compel document production for land interest inquiries under the West Bengal Estates Acquisition Act, 1953.
- S. 57APower of State Government to invest certain authorities with powers ofa Civivl Court
- S. 57BBar to jurisdiction of Civil Court in respect of certain matters
- S. 58Section 58 provides immunity from legal proceedings for actions taken in good faith under the West Bengal Estates Acquisition Act, 1953.
- S. 59Power to make rules
- S. 60The provisions of this Chapter shall come into 3force on such date and in such area of the o come into force
- S. 61Section 61 repeals the Bihar Land Reforms Act in transferred territories and applies the West Bengal Estates Acquisition Act.
- S. 115Section 115 allows intermediaries to object to compensation assessment rolls and mandates the Compensation Officer to handle objections and forward statements to the Collector for further action.
- S. 214Section 214 mandates the Compensation Officer to prepare and publish a Compensation Assessment Roll detailing compensation for intermediaries with vested lands.
- S. 215ASection 215A allows intermediaries to object to entries or omissions in the Compensation Assessment Roll within three months.
- S. 445ASection 445A empowers designated revenue officers to correct records of rights, barring civil court jurisdiction for certain matters.
- S. 855AThe provisions of section 5 and 12 of the Indian Limitation act 1908, shall to any appeal or application under this Act
- S. 1880Section excludes certain periods from limitation for rent recovery suits if intermediary's interest was managed by Collector under another act.
- S. 1898meaning of sections 480, 481 and 482 of the Code of Criminal Procedure, 1898
- S. 1957West Ben