Amendment status not verified — confirm the current text below against the official source.
(1) The State Government may after the date of vesting enquire into any case of On certain transfer of ay land by an intermediary made between the 5th day of May , 1953 Transfers. And the date of transfer vesting , if in its opinion there are prima-facie reasons for believing That such transfer was not bonafide. (2) If after such enquiry the State Government finds that such transfer was not bonafide, it shall make an order to that effect and thereupon the transfer shall stand cancelled as from the date on which it was made or purported to have been made : Provided that, subject to such cancellation , nothing in this sub-section shall be deemed to affect any rights which the transferor or the transferee may otherwise have against each other. (3) If after such enquiry the State Government finds that the transfer was bonafide, it shall make an order to that effect and thereupon the following consequences shall ensue, namely:- (i) the land shall , without prejudice to any rights which the transferor or the transferee may have against each other, be deemed to be the land of the transferee for the purpose of this Act; 1Sub-section (2) was added by s. 2(2) of the West Benal Estates Acquisition (Amendment)Act, 1977 (West Ben. Act XIIIof 1964). See also foot-note 2 on page 5, ante. 2Sub-section (3) was inserted by s. (b) of the West Bengal Estates Acquisition (Amendment) Act, 1977 (West Ben. Act. XXXVI of 1977). 3Section 5A was inserted with retrospective effect by s. 2 of the West Bengal Estates Acquisition (Amendment) Act, 1954 (West Ben. Act XIII of 1954). 12 Page…..8. (Chapter II. Acquisition of estates and of the rights of intermediaries therein .-Section 5A). (ii) if any such land or any part thereof is retained by the transferee under the provisions of this Chapter, such land or such part there of may be taken into account in calculating the land which may be retained by the transferor under this Chapter as if such land or such part thereof had never been transferred and were retained by the transferor or chosen byn him as land to be retained by him. (4) The State Government may delegatel all or any of its powers under this section to scuh officers in its service as it may deem fit. (2) The procedure to be followed in such entuiry shall be such as may be prescribed. Provided that --- (i) no order shall be passed in an enquiry held under his section except after giving the transferee and the transferee an opportunity of being heard; (ii) in conducting such enquiry the State Government and any officer to whom any powers have been delegated under sub-section (4) shall have all the powers of a civil court for the purposes of taking evidence, administering oaths, enforcing the attendance of witnesses and Act V of compelling the production of documents and shall be deemed to be civil court within the