Bare ActsThe west bengal estates acquisition act, 1953

Section 1898

meaning of sections 480, 481 and 482 of the Code of Criminal Procedure, 1898

Amendment status not verified — confirm the current text below against the official source.

meaning of sections 480, 481 and 482 of the Code of Criminal Procedure, 1898. (3) An appeal against any order passed by the State Government under sub-section (2) or sub- section (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 2[or within sixty days from the date of appointment of the Special Judge, whichever is later], shall lie to a Special,Judge 3(being a person who is or has been a District Judge of an Additional District Judge) 4appointed by the State Government for the purpose of this section and such Special Judge shall dispose of the appeal according to the prescribed procedure. 1For delegation of powers, see notification No. 6786L. Ref., dated the 9th April , 1956 of the Land and Land Revenue Department , published in the Calcutta Gazette, Exraordinary of the 10thApril, 1956, Part I, page 750. 2These words within square brackets were inserted by s. 3(1) of the West Bengal Estates Acquisition (Amendment) Act 1961 (West Ben. Act IX of 1961). 3These words within square brackets were substituted for the words “not being an Officer below the rank of a District Judge” by s. 3(2) ibid. 4For notification relating to appointment of cetain Officer to be the Special Judges for the purpose of section 5A of the Act in respect of the districts specified , see notification NO. 15354L. Ref., dated 14.10.60, published in the Calcutta Gazette, Extraordinary of 1960, Part I , Page 2677. 13 Page…..9. (Chapter II. Acquisition of estates and of the rights of intermediaries therin. –Section 5B.) (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 amountof 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 , ora brother’s wife. Made between the 5th day of Mat, 1953 and he 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 transferor or a transferee. 15B 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 wee sold, shall notwithstanding anything 1Section 5B was inserted with retrospective effect from the 1st day of June , 1954 by s. 3 of the West Bengal estates Acquisition (Second Amendment) Act, 1954 (West Ben. Act XXVIII pf 1954). XI of 1859. CoochBehar Act V of 1897. Ben.Regn.VIII Of 1819. Estate or tenure Not liable to be sold under ActXI of 1859, Cooch Behar Act V of 1897, Bengal Regulation VIII of 1819 and Act VIIIof 1885 14 Page……10. (Chapter II. Acquisition of estates and of the rights of intermediaties therein. – Section 6.) 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. Right of

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