Amendment status not verified — confirm the current text below against the official source.
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. 1Sub-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.) 2Sub-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 sub- section (3) of that section] 9[, and no such sum shall be deducted from the amounts payable under sub- section (1) or sub-section (2) of section 12]. ---------------------------------------------------------------------------------------------------------------------------- 1These 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). 2The 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). 3Sub-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). 4The 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). 5These 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). 6The 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)> 7The word “non –negotiable” was omitted by s. 9 of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bern. Act XIX of 1961). 8Inserted with retrospective effect by s. 9(2) of the West Bengal Estates Acquisition (Amendment) Act, 1964,(West Ben. Act XXII of 9164). 9These 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