Amendment status not verified — confirm the current text below against the official source.
1[(1)] 2[ Save as otherwise provided in sub-section (2), when an intermediary isw entitled] to le to pay rent. retain possession of any land under sub-section (1) of section 6, then except in cases of land retained under clasue (h) or (i) and except in the cases referred to in the proviso to sub-section (2) of section 6, the revenue Officer shall determine the rent payable in the prescribed manner and in accordance with the following principles, that is to say---- (i) if the land be agricultural land, on the basis of the rate of rent3[paid by raiyats or other persons holding lands] of similar description and with similar advantages in the vicinity; (ii) if the land be non-agricultural land, at a rate which the revenue Officer may deem fair and equitable having regard to the rent generally paid for non-agricultural lands of similar description and with similar advantages in the vicinity 4[or where such non-agricultural lands are not available in the vicinity on the rent generally paid for such non-agricultural lands cannot be readily ascertained, at such rate, not exceeding five per centum of the net annual income from the land estimated in the prescribed manner, as the Revenue Officer may deem fair and equitable]: 5Provided that in the case of an intermediary, who immediately before the date of vesting held any tenure comprising exclusively of non-agricultural lands, he shall , subject to any law for the time being in force for assessment or re-assessment of rent, (a) pay the same rent as he was paying immediately before the date vesting if he retains all such lands; ---------------------------------------------------------------------------------------------------------------------------- 1Section 42 was re-numbered as sub-section(1) of that section by s. 10 of the West Bengal Estates Acquisition (Amendment) Act, Act, 1964 (west Ben. Act XXII of 1964). 2These words within square brackets were substituted for the words “When an intermediary is entitled” by s. 10(1)9a) ibid. 3These words within square brackets were substituted with retrospective effect for the words “paid by raiyats for lands” by s. 18 of the West Bengal Estates Acquisition (Amendment) Act 1961 (West Ben. Act IX of 1961). 4 These words within square brackets were inserted with retrospective effect by s. 10(1)(b) of the West Bengal Estates Acquisition (Amendment) Act 1964 (West Ben Act,XXII of 1964). 5This proviso was added with retrospective effect by s. 6 of the West Bengal Estates Acquisition (Amendment) Act 1957 (West Ben. Act XXV of 1957). 51 Page. …. 47. ( Chapter V. --- Preparation of Record-of-rigths.---- Section 42.) (b) pay as rent an amount which shall bear the same proportion to the rent he was paying immediately before the date of vesting, as the area of the land retained by him bears o the area of all the lands which were comprised in the tenure if he retains only part of such lands; (c) pay no rent for the land retained by him if he held such land rent-free immediately before the date of vesting. 1(2) when an intermediary is entitled to retain possession of any land comprised in a teagarden under clause (f) of sub-section (1) as read with sub-section (3) of section 6, the Revenue Officer shall determine the rent payable in respect of such land in the follwing manner, that is to say----- (a) for land under cultivation of tea or covered by factories, office buildings or quarters for labourers of the tea ga4den, at twice the average rate of rent paid for the highest class of agricultural lands in the vicinity , subject to a maximum of Rs. 6.50 per acre. (b) For land under cultivation of cardamom, at Rs. 15 per acre, (c) For land under cultivation of any other crop, at onc and a half times the average rate of rent paid for the average ccalss of agricultural lands in the vicinity, (d) For land under hats or markets , at the average rate of rent paid for the highest class of agricultutal lands in the vicinity, plus an amount equivalent to 50 per centum of th3e net profits from such hats or markets , and (e) For any other land , at the average rate of rent paid for the average class of agricultural lands in the vicinity. 2(3) Notwithstanding anything to the contrary contained in the proviso to sub-section(2) of section 6 of in any contract, where any land comprised ina tea-garden is held under a lease, the rent payable by the lessee in respect of such land shall be rent determined by the revenue Officer in the manner specified in sub-section (2) . Explanation.--- In this sub-section “lease” included a lease granted directly by the State Government. 2(4) Notwithstanding anything to the contrary contained in any judgment, decree order of any court or tribunal or in any law, the rent determined under sub-section (2) or sub-section (3) shall take effect and shall be deemed always to have taken effect from the date of vesting. ---------------------------------------------------------------------------------------------------------------------------- 1Sub-section(2) ws added by s. 10(2) of the West Bengal Estates Acquisition (Amendment) Act 1964 (West Ben. Act XXII of 1964). 2Sub-sections (3) and (4) were inserted by s. 3 of the West Bengal Estates Acquisition (Amendment) Act 1969 (West Ben. Act XXXI of 1969). 52 Page. ….48. ( Chpter V.--- Preparation of Record-of-rights.----- Section42A-44) termination of 142A (1) If, for any reason, the rent payable in respect of any land retained by an intermediary under nt after draft sub-section (1) of section 6 has not been determined before the draft or final publication of the record- final publication of-rights under this Chapter , then, notwithstanding anything contained elsewhere in this Act, the record-of-rights. Revenue Officer may, at any time after giving notice to the person concerned, detemine the rent in accordance with the provisions of sections 40,41 and 42 and enter the rent so determined in the record- of –rights. (2) any person aggrieved by an order of the Revenue Officer deermining rent under sub-section (1) mu appeal to such authority and within such time as may be prescribed. (3) The decision of the Apellae Authority on such appeal shall be final and the Revenue Officer shall, if necessary , correct, in accordance with such decision, the entry relating to rent made by him in the record-or –rights. ect of rents settled 43. All rents determined under this Chapter , and entered in the record-of-rights shall be deemed to der this Chapter. Have been correctly determined and to be fair and equitable for the purposes of this Act 2[and shall be payable at such times and in such instalments as may be prescribed, and the period of limitation for the institution of suits relating to the recovery of arrears of rent shall be as provided in article 149 of the First Schedule to the Indian Limitation Act, 1908.] IX of 1908. aft and final