Amendment status not verified — confirm the current text below against the official source.
(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 sub- section(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 1Sub-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 : 3Provided 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. 1Clause (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. 3This 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 sub- section (5) of section 15, as the case may be :] ------------------------------------------------------------------------------------------------------------------------------------------- 1The 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). 2These 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). 3These 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). 4These 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). 5The 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.) 1Provided 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 1The 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). 2Sub-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 sub- section 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). 3Sub-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