Amendment status not verified — confirm the current text below against the official source.
2[(1)] Upon the due publication of a notification under section 4, on and from the notification date of vesting--- (a) the estates and the rights of intermediaries in the estates, to which the declaration applies, shall vest in the state free from all incumbrances; in particular and without prejudice to the generality of the provisions of this clause, every one of the following rights which may be owned by an intermediary shall vest in the State, namely:- (i) rights in sub-soil, including rights in mines and mirerals , i.(ii) rights in hats, bazaars, ferries, 3 * fisheries, tools and other sairati interests; 1Sub-section (6) was substituted for the original sub-section bys. 2 of the West Bengal estates Acquisition (Second amendment) act. 1954 (West Ben Act XXVIII of 1954). 2Section 5 was re-numbered as sub-section (1) that section by s. 2 of the West Bengal Estates Acquisition Act, 1964 (West Ben. Act XXII of 1964). 3The word “forest “ was omitted with retrospective effect by s. 3(a) of the West Bengal estates Acquisition (Second Amendment) Act, 1975 (West Ben. Act XXV of 1975). 10 Page …..6. (Chapter II. Acquisition of estates and of the rights of intermediaries therein.--- Section 5.) 1(aa) all lands in any estate comprised in a forest together with all rights to the trees therein or to the produce thereof and held by an intermediary or any other person shall held by an intermediary or any other person shall 2 * * * * vest in the State; (b). all grants of and confirmation of titles to, estates and rights therein , to which the declaration applies and which were made in favour of intermediaries shall determine; (b) 3[4 (subject to the provisions of sub-section (3) of section 6, every non- agricultural tenant holding any land) under an intermediary, and until the provisions of Chapter VI are given effect to, every raiyat holding any land under an intermediary], shall hold the same directly under the State , as if the State had been the intermediary, ad on the same terms and conditions as immediately before the date of vesting: 5Provided that if any non-agricultural tenant pays rent wholly king or partly in kind and partly in cash, then, notwithstanding anything contained in the foregoing clause, he shall pay such rent as a Revenue Officer specially empowered by the State Government in this behalf may detemine in the prescribed manner and in accordance with the principle laid dpwn in clause (ii) of section 42: 5Provided further that any person aggrieved by an order passed by the revenue Officer determining rent under the first proviso may appeal to such authority and within such time as may be pescribed; (c) 6[every non-agricultural tenant holding under an intermediary and until the provisions of Chapter VI are given effect to, every raiyat holding under an intermediary,] shall be bound 1Clause (aa) was inserted with retrospective effect by s. 3(b) of the West Bengal Estates Acquisiton (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957). 2The words” notwithstanding anything to the contrary contained in any judgement, decree or order of any court or Tribunal,” were omitted by s.2(a) of the West Bengal Estates Acquisition (Amendment) Act 1977 (West Ben. Act XXXVI of 1977). 3These words within square brackets were substituted with retrospective effect for the words “until the provisions of Chapter VI are given effect to every raiyat or non-agricultural tenant, holding any land under an intermediary” by s. 3(1) of the West Bengal Estates Acquisition (Amendment) Act.1957 (West Ben. Act IV of 1957). 4Substituted with retrospective effect for the words “every non-agricultural tenant holding any land “ by s. 2(1) of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Ben. Act XXII of 1963). 5 These provisos were added by s. 2 of the West Bengal Estates Acquisition (Amendent) Act, 1963 (West Ben. Act XXII of 1963). 6These words within square brackets were substituted with retrospective effect for the words “ every raiyat or non-agricultural tenant holding under an intermediary” by s. 3(2) of the West Bengal Estates Acquisition (Amendent ) Act, 1957, 1957 (West Ben. Act IV of 1957). 11 Page…..7 (Chapter II. Acquisition of estates and of the rights of intermediaries therein.- Section 5A.) to pay to the State his rent and other dues in respect of his land, accruing on and from the date of vesting , and every payment made in contravention of this clause shall be void and of no effect. 1(2) For the removal of doubts it is hereby declared that notwithsatanding anything to the contrary contained in any judgment, decree or order of any court or Tribunal or in any other law, rights and interests in munes and minerals of all intermediaies, being lessees and sub-lessees, in any notified are shall be deemed to have vested in the State with effect from the date of vesting mentioned in the notification under section 4 in respect of such notified area. 2(30 It is further declared that notwithstansing anything to the contrary contained in any judgment, decree or order of any court or Tribunal or in any other law, all lands in any estate comprised in a forest with all rights to the trees or to the produce thereof as mentioned in cclause (aa) of sub-section (1) in any notified area shall be deemed to have vested in the State with effect from the date of vesting mentioned in the notification under section 4 in respect of that area. Restriction