Amendment status not verified — confirm the current text below against the official source.
(1) Subject to any rules made under this Act, a Revenue Officer may, for the purposes of this Act, duction of by notice require any person to make and deliver to him a statement or to produce records or tements and documents in his possession or control relating to any interest whatsoever in any land at a time pr place cuments and specified in the notice. force attenda- e of witnesses. (2) Every person required to make or deliver a statement or produce any record or document under this section shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the t XLV of 1860. Indian Penal Code. (3) For the purposes of an inquiry under this Act a Revenue Officer shall have power to summon and enforce the attendance of withnesses or of any person hving any interest whatsoever in any land and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procdure, 1908. t V of 1908. wer of State 157A The State Government may by 2order invest any authority referred to in section 53 with all or vernment to any of the powers of a civil Court under the Code of Civil Procedure, 1908. est cetain thorities a Civil court. r to jurisdiction 357B (1) Where an order has been made under sub-section (1) of section 39 directing the Civil Court in preparation or revision of a frecord-of-rights, no Civil Court shall entertain any suit or spect of cetain Application for the determination or rent or determination of the status of any tenant tters. Or the incidents of any tenancy to which the record-of-rights relates, and if any suit or application , in which any of the aforesaid matters, is in issue, is pending before a Civil Court on the date of such order, it shall be stayed, and it shall , on the expiry of the period prescribed for an appeal under sub- section (3) of section 44 or when an appeal has been filed under that sub-section , as the case may be , on the disposal of such appeal, abate so far as it relates to any of the aforesaid matters. ---------------------------------------------------------------------------------------------------------------------------- 1This new section 57A was inserted with retrospective effect by s. 16 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Ben. Act IV of 1957). 2For notification investing- (a) all Compensation Officers withy the powers of a Civil Court under ss. 30,31 and 32 of the Code of Civil Procedure, 1908, see notification No. 19622L. Ref., dated 25.10.57, published in the Calcutta Gazette of 1957, Part I , page 3930 (b) all Settlement , Assistant Settlement and Revenue Officers with all the powers of a Civil Court under the Code of Civil Procedure ,1908, see notification NO. 340L. Ref., dated 9.1.58, published in the Calcutta Gazette of 1958, Part I, page 191. 3Section 57B was inserted by s. 5 of the West Bengal Estates Acquisition (Second Amendment) Act, 1973(West Ben. Act XXXIII of 1973). 61 Page. …57. (Chapter VII. ---- Supplemental and Miscellaneous. ----- Section 58.) (2) No Civil Court entertain ant suit or application concerning any land or any estate, or any right in such estate, if it relates to--- (a) alteration of any entry in the record-of-rights finally published , revised, made , corrected or modified under any of the provisions of Chapter V, (b) a dispute involving determination of the question, either expressly or by omplication, whether a raiyat, or an intermediary, is or is not entitled to retain under the provisions of this Act such land or estate or right in such estate, as the case may be, or (c) any matter which under any of the provisions of this Act is to be , or has already been, enquired into, decided, dealt with or determined by the State Government or any authority specified therein. st Ben. Act and any such suit or application which is pending before a Civil Court immediately before the XXIII of 1973. commencement of the West Bengal estates Acquisition (Second Amendment) Act , 1973, shall Abate so far as it relates to all or any of the matters referred to in clause (a), clause (b) or clause (c). (4) any dispute referred to in clause (b) of sub-section (2) may be decided by aRevenue Officer not below the rank of an Assistant Settlement Officer , specially em[powered by the State Government in this behalf, who shall dispose of the same in such manner as may be prescribed: Provided that in deciding a dispute under this sub-section the Revenue Officer shall not re-open any matter which has already been enquired into, investigated, determined or decided by the State Government or any authority under any of the provisions of this Act. (5) Any person aggrieved by a decision of the Revenue Officer made unsder sub-section (3) may appeal to the prescribed authority not below the rank of a Settlement Officer, within such time, in such manner and subject to payment of such fees as may be prescribed. (6) A decision made by a Appellate Authority under sub-section (4) shall be final. Explanation.----In this section,----- (i) suit includes an appeal, and (ii) an authority includes an authority to hear an appeal. tection of