Amendment status not verified — confirm the current text below against the official source.
The provisions of this Act shall have effect notwithstanding anything to the contrary Other laws etc. contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary. 1Provided that nothing in this Act shall apply to any land held by a Corporation, not being a local authority or a company, established by or under any law for the time being it force : 1Provided further that nothing in this Act shall affect any land possession of which was taken by the state Government 2[ before the date mentioned in the notification issued under section 4,] in furtherance of any proposal for acquiring such land , whether any formal proceedings for such acquisition such were started or not, and proceedings for acquisition of such land may be continued or commenced as if this Act has not been passed. CHAPTER II. Acquisition of estates and of the rights of intermediaries therein. Notification vesting 4. (1) The State Government may from time to time by norification declare that Estates and rights of with effect from the date mentioned in the norification , all estaes. And the intermediaries rights of every intermediary in each such estate situated in any district or part of a district specified in the notification , shall vest in the state free from all incumbrances. (2) The date mentioned in every such notification shall be the commencement of an agricultural year; and the notification shall be issued so as to ensure that the whole area to which this Act extends.vests in the state on or before the 1st day of Baisakh of the Bengali year 1362. (3) Every such notification shall be published in the first instance, in at least two issues of each of two newspapers (one of which must be in the Bengal Language) circulating in West Bengal and also by affixing at eaqch police-station and sub-registry office within the district or part of the district, specified in the notification and by beat of drums and in any other manner, if nay , as may be prescribed. (4) When the State Government is satisfied that the notification has been published in the first instance as required under sub-section (3), it shall issue the notification in the Official Gazette. 1These provisos were added with retrospective effect bys. 3 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960). 2These words and figure within the square brackets were substituted with retrospective effect for the words and figure “before the issue of a notification under section 4,” by s.2 of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961). 9 Page…5. (Chapter II. Acquisition of estates and of the rights of intermediaries therein.—Section 5). (5) The publication of the notification in the Official Gazette shall be conclusive evidence that all requirements relating to publication in the first instance as mentioned in sub- section (3) have been complied with and also of the due publication of the notification and of notice to all persons affected by the notification. 1(6) Notwithstanding anything contained in the fogegoing sub-sections , an intermediary may, at any time before the 15th day of February, 1955, apply to the State Government to have all his estates, tenures, under-tenures and other rights as intermediary, to be vested in the state and the State Government may, after considering the facts and circumstances of the case, if it thinks fit, make an order granting the application. Upon the oder being made, all such estates, tenures, under –tenures and rights of the intermediary, shall vest in the State Government on and from the date of the order, free from all incumbrances (other than the rights of subordinate intermediaries, if any) and the provisions of this Act, expect the foregoing sub-sections and clauses (a) (b) of section 5, shall with necessary modifications , apply as if , in relation to such estates, tenures, under –tenures and rights of the intermediary, references to the publication of a notification under section 4 or to the date of vesting were references to the order granting the application or to the date of such order, and references to the vesting under section 5 were references to the vesting under this sub-section . The State Government shall have also power to make such other orders for giving effect to the provisions of this sub-section as it deems necessary. Effect of