Amendment status not verified — confirm the current text below against the official source.
[(Notification vesting certain khas lands and rent-receiving interests.) Omitted with retrospective effect by s. 15 of the West Bengal estates Acquisition (Amendment) Act. 1955 (West Ben. Act. XXXV of 1955).] plication of Chapters 1 52. ON the issue of a notification under section 49 the provisions of Chapters II,III,V and VII II,V and VII raiyats and shall, with such modification as may be necessary, apply mutates mutandis to raiyats and der-raiyats. Under-raiyats as if such raityas were intermediaries and the land held by them were estates and a person holding under a riayat or an under-raiyats were a raiyat for the purposes of clauses ( c) and (d) of section 5: 2Provided that, where a riayat or an under-raiyat retains, under section 6 read with this section , any land comprised in a holding, then notwithstanding anything to the contrary contained in sub-section (2) of section 6, he shall pay,--- (a) in cases where he was paying rent for the lands comprised in the holding and held by him immediately before the date of vesting (hereafter in this proviso referred to as the holding lands), (i) if he retains all the holding lands, the same rent as he was paying therefore immediately before the date of vesting and (ii) if the land retained by him forms part of the holding lands, such rent as bears the same proportion to the rent which he was paying for the holding lands immediately beofrwe the date of vesting as the area of the land retained by him bears to the area of all the holding lands; (b) in cases where he was liable to pay rent but was not paying any rent for the holding lands immediately before the date ov vesting on the ground that the rent payable by him therefore was not assessed , such rent as may be assessed, mutates mutandis, in accordance with the 3[provisions of section 42; 3*]; ---------------------------------------------------------------------------------------------------------------------------- 1Section 52 was substituted for the former section with retrospective effect by s. 16 of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955). 2This proviso was originally added with retrospective effect by s. 15 of the West Bengal Estates Acquisition (Amendment) Act, , 1957 (West Ben. Act IV of 1957), and thereafter this proviso was substituted with retrospective effect for the proviso originally added by s. 22 the West Bengal Estates Acquisition (Amendment) Act, 1961, (West Ben. Act IX of 1961). 3The words andn figures “provisions of section 42; and” were substituted for the wordas “Provisions of section 42,” by s. 11(i) of the West Bengal Estates Acquisition (Amendment) Act, 1963(West Ben. Act XXII of 1963).and thereafter the word “and” at the end was omitted by s. 11(1) of the West Bengal Estates Acquisition (Amendment) Act,, 1964 (West Ben. Act.XXII of 1964.) Page. … 54. 58 ( Chapter VII. ---- Supplemental and Miscellaneous. ---- Section 53.) 1( c) in case where he was liable to pay rent wholly in kind or partly in kind and partly in cash , then, notwithstanding anything contained in clause (c ) of section 5 such rent as may be assessed in accordance with the 1[provisions of section 40; and] 3(d) in cases where he was liable immediately before the date of vesting to pay for the hodling lands a variable cash rent periodically assessed, such rent as may be assessed , mutates mutandis, in accordance with the provisions of section 42. CHAPTER VII. Supplemental and Miscellaneous thorities for the 53 4 [(1)] There shall be the following authorities for the purposes of this Act, namely :--- rposes of this Act. (a) The Board of Revenue; (b) Director of Land Records and Surveys; (c) Settlement Officers ; (d) Assistant Settlement Officers; (e) Compensation Officers; (f) Revenue Officers; 5(ff) Officers appointed by the State Government for the purposes of sub-clause (iv) of clause (a) sub- section (1) of section –16; (g) Mining Experts for the purposes of sections 32,33or 34. 4(2) The State Government may 6 appoint any person as a Compensation Officer or a Revenue Officer or may vest any officer with the powers of a Compensation Officer or a Revenue Officer under this Act. ---------------------------------------------------------------------------------------------------------------------------- 1Clause ( c) was added by s, 11 (ii) of the West Bengal Estates Acquisition (Amendment) Act, 1963 (West Ben. Act, XXII of 1963). 2Thses words and figures within the square brackets were substituted for the words “provisions of section40” by s. 11(2) of the West Bengal Estates Acquisition (Amendment) Act,1964 (West Ben Act XXII of 9164). 3Clause (d) was added with retrospective effect by s. 121(3) , ibid. 4Section 53 was re-numbered as sub-section (1) of that section, and after that sub-section , sub-section (2) was added by s. 20 of the West Bengal Estates Acquisition (Amendment) Act,, 1960 (West Ben. Act XVII of 1960). 5Clause (ff) was inserted by s.14 of the West Bengal Estates Acquisition (Second Amendment) Act, 1961,(West Ben. Act XIX of 1961). 6For notification vesting certain officers with the powers of a Compensation Officer under the Act, see notification NO. 17086L.Ref., dated 18.11.60 , published in the Calcutta Gazette, Extraordinary of 1960, Part I page 3031. Page. ….55. 59 ( Chapter VII. ---- Supplemental and Miscellaneous. --- Sections 54-55A). legation of powers 54. (1) The State Government may, by 1notification in the Official Gazette, delegate any of the the State Gover- powers under this Act, except the power of making rules under section 59, to the Board of ment and powers and Revenue 2[the Commissioner of a Divisions or a Collector] subject to such reservations, if any, he authorities. as May be specified in the notification. (2) all authorities referred to in section 53 shall exercise such powers and perform such duties unter this Act or any rules made thereunder as may be conferred or I posed or them. pointment of 355 (1) The State Government may 4 appoint a person who is or has been a District Judge or an ecial Judges Additional district Judge to be a Special Judge for the purpose of section 11 of of sction 20. d Tribunals. (2) The State Government may 5 section one or more Tribunals for the purpose of sction44 . Such tribunal shall be composed of a single member who shall be 6[a person who is or has been] a district Judge 7[or an additional District Judge ] and shall have all the powers of a Civil Court under the Code of Civil Procedure , 1908. t. V of 1908. f 1908.