Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except Interme- in the cases mentioned in the proviso to sub-section (2) but subject to the other provi- Diary to sion of that sub-section, be entitled t retain with effect from the date of vesting-- Retain certain Lands. (a) land comprised in homesteads; (b) land comprised in or appertaining to buildings and structures 1[owned by the intermediary or by any person, not being a tenant ,holding under him by leave or licese]; 2Explanation. – For the purposes of this clause ‘tenant’ shall not include a thika tenant as defined in the Calcutta thika Tenancy act, 1949; West Ben Act II of 1949. (c) non-agricultural land in his khas possession 3[including land held under him by any person , not being a genant, by leave or license], not exceeding fifteen acres in area, and excluding any land retained under clause (a): Provided that the total area of land retained by an intermediary under cclauses (a) and (c) shall not exceed twenty acres, as may be chosen by him: Provided further that if the land retained by an intermediary under clause (c) or any part thereof is not utilised for a period of five consecutive years from the date of vesting, for a gainful or productive purpose, the land or the part thereof may be resumed by the State Government subject to payment of compensation detemined in accordance with the principles laid down in sections 23 and 24 of the land Acquisition Act, 1894; I of 1894. (d) agricultural land in his khas possession, not exceeding twety-five acres in area , as may be chosen by him: 1These words within square brackets were substituted with retrospective effect for the words, “whether erected by the intermediary or not” by s. 4(1)(a) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961). 2This explanation was added with retrospective effect by s. 4(1)(b) , ibid. 3These words within square brackets were inserted with retrospective effect by s. 4(1) (c), ibid. 15 Page…..11. (Chapter II. – Acquisition of estates and of the rights of intermediaties therein.- Section 6.) 1 Provided that in such portions of the district of Darjeeling as may be declared by 2notification by the State Government to be hilly portions, as intermediary shall be entitled to retain all agricultural land in His khas possession , or any part thereof as may be chosen by him; (e) tank fisheries ; Explanation.—“tank fishery” means a reservoir or place for the storage of water, whether formed naturally or by excavation or by construction of embankments, which is being used for pisciculture or for fishing, together with the sub-soil and the banks as ae included in a homestead such portion of the banks as ae included in a homestead or in a garden or orchard and includes any right of pisciculture or fishing In such reservoir or place; (f) 3[subject to the provisions of sub-section (3),] land comprised in tea gardens or orchards or land used for the purpose of livestock breeding, poultry farming or dairy; (g) 4[subject to the provisions of sub-section (3),] land comprised in mills, factories, or workshop; (h) where the intermediary is a local authority,-- held 5 * * * * * by such authority , notwithstanding such land or any part thereof may have been let out by such authority : 6Provided that where any land which has been let out by any local authority is retained by such authority under this clause, no person holding such land shall have any right or occupancy therein, and every such person shall be bound to deliver possession of the land to the local authority when required by it for its purposes ; 1This proviso was substituted with retrospective effect for the original proviso by s.3(1) (a) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955). 2For notification declaring the areas comprised in the Sadar, Kurseong and Kalimpong sub- divisions of the district of Darjeeling to be hilly portions for the purposes of the proviso to clause (d) of sub-section (1) of section 6 of the Act, see Notification No. 7348L.Ref.,dated 17.4.56, published in the Calcutta gazette of 1956 , part I, page 1543. 3These words ,brackets and figure within square brackets were inserted with retrospective effect by s. 3(1)(b) of the West Bengal Estates Acquisition (Amendment) Act, 1955(West Ben. Act XXXV of 1955). 4The words brackets and figure within square brackets wee inserted with retrospective effect by s. 3(1)(c),ibid. 5The words “in khas for public purpose” were omitted with retrospective effect by s. 4 (1) of the West Bengal estates Acquisition (Amendment) Act, 1960 (West Ben. Act XVII of 1960). 6Tis proviso was added with retrospective effect by s. 4(2), ibid. 16 Page…..12 . (Chapter II. – Acquisition of estates and of the rights of intermediaries therein.—Section 6.) 1(i) where the intermediary is a corporation or an institution established exclusively for a religious or a charitable purpose or both, or is a person holding under a trust or an endowment or other legal obligation exclusively for a purpose which is charitable or religious or both –land held in khas by such corporation or institution , or person, for such purpose 2[including land held by any person, not being a tenant, by leave or license of such Corporation or institution or person] Ben.Act XXI (j) where the intermediary is a co-operative society registered or deemed to have been registered Of 1940. under the Bengal Co-operative societies Act, 1040, or a company incorporated under the Indian Companies Act, 19133, engaged exclusively in farming (and in business, if any, connected directly with such farming),--agricultural land in the khas possession of the society or the company on the 1st day of VII of 1913. January, 1952, and chosen by the society or the company , not exceeding in area the number of acres which persons, who were the members of the society or the company on such date, would have been entitled to retain in the aggregate under clause (d) , if every such person wee an intermediary : Provided that where any such person retains any land under clause (d) , such person retains any land under clause (d), such person shall not be taken into account in calculating the aggregate area of the land which the society or the company may retain. 4(k) so much of requisitioned land as the intermediary would be entitled to retain after taking into consideration any other land which he may have retained under the other clasues; Explanation.- ‘ requisitioned land’ means any land which was in the khas possession of the intermediary and which was requisitioned by Government under provisions of any law for the time being in force or was occupied by ------------------------------------------------------------------------------------------------------------------------------------------- 1This clause was substituted with retrospective effect for the original clause by s. 3(1)(d) of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955). 2These words within the square brackets were inserted with retrospective effect by s. 4(1) (d) of the West Bengal Estates Acquisition (Amendment) Act ,1961(West Ben. ActIX of 1961). 3The Indian Companies Act, 1913 (VII of 9131) was repealed and re-enacted by the Companies Act, 1956 (I of 1956). 4Clauses (k) and (I) were inserted with retrospective effect by s. 3(1) of the west Benal estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961). 17 Page…..13. (Chapter II. – Acquisition of estates and of the rights of intermediaries therein .—Section 6.) Government in pursuance of rule 49 of the defence of India rules and continued t be subject to requisition or occupation on the date mentioned in the notification issued under section 4; 1(1) so much of land in the unauthorised occupation of refugees from East Bengal immediately before the date of vesting as an intermediary would be entitled to retain after taking into considertation any other land which he may have retained under the other clauses; Explanation.--- ‘Refugees from East Bengal’ includes those who are displaced persons within the West Ben. meaning of the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Act XVI of 1951. Occupation of Land Act, 1951. 2Exception.—3[Subject to the provisions contained in sub-section (3), nothing in this sub-section ] shall entitle an intermediary 4[or any other person] to retain any land comprised in a forest 5[or any embankment as defined in the Bengal Embankement Act,1882, the proper maintenance of which should , in the opinion of the State Government , be taken over by the State Government in the public interest.] Ben. Act II Of 1882. (2) An intermediary who is entitled to retain possession of any land under sub-section (1) shall be deemed to hold such land directly under the State from the date of vesting as a tenant, subject to such terms and conditions as may be prescribed and subject to payment of swuch rent as may be determined under the provisions of this Act and as entered in the record-of-rights finally published under Chapter V except that no rent shall be payable for land regferred to in clause (h) or (i) : Provided that if any tank fishery or any land comprised in a tea-garden , orchard, mill, factory or workshop was held immediately before the date of vesting under a lese, scuh lease shall be deemed to have been given by the state Government on the same terms and conditions as immediately before such date 6[subject to such modification therein as the State Government may think fit to make.] 1 See foot-note 4 on page 12, ante. 2This paragraph was added with retrospective effect by s. 3 (1) (e) of the West Bengal Estates Acquisition (Amendment)Act,1955 (West Ben. Act XXXV of 1955). 3Substituted with retrospective effect for the words “Nothing in this sub-section” by s. 3(1) of the West Bengal Estate Acquisition (Amendment) Act, 1963 (West Ben. Act XXII of 1963). 4These words within the square brackets were inserted with retrospective effect by s. 4(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957). 5These words within the square brackets were inserted with retrospective effect by s. 4(1) (e) of the West Bengal Estates Acquisition (Amendment) Act, 1961(West Ben. Act IX of 91612). 6These words within the square brackets were inserted with retrospective effect by s. 4(2), ibid. 18 Page …….. 14. (Chapter II. Acquisition of estates and of the rights of intermediaries therein. – Section 6.) 1(3) In the case of land comprised in a tea-garden, mill factory or workshop the intermediary, or where the land us held under a lease, the lessee, shall be entitled to retain only so much of such land as, in the opinion of the State Government, is required for the tea-garden, mill factory or workshop, as the case may be, and a person holding under to be an intermediary : 2Provided that the State Government may, if it thinks fit so to do after reviewing the circumstances of a case and after giving the intermediary or the lessee, as the case may be, an opportunity of being heard, revise any order made by it under this sub-section specifying the land which the intermediary or the lessee shall be entitled to retain as being requiredby him for the tea-garden, mill , factory ot workshop, as the case may be. 4Ex-planation.—In the case of land allowed to be retained by an intermediary or lessee in respect of a tea-garden, such land may include any land comprised in a forest if, in the opinion of the State Government , the land comprised in a forest is required for the tea-garden. 5(3A) Land which may be retained under clause (k) or clause (1) of sub-section (1) shall, if necessary, be demarcated in such manner a may be prescribed and shall be specified in an order made in this behalf by a Revenue Officer specially empoweree for the purpose by the State Government. West Ben.Ac t 5(3B) In executing any order for eviction of persons in unauthorised occupation of land in pursuance of XVI of 1951. proceedings under the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation Of Land Act,1951 ,possession shall be given to the intermediary of only xso much of such land as he is entitled to retain under clause (1) of sub-section (1) anmd possession of any land in excess thereof shall be given to the Revenue Officer having jurisdiction over the area in which the land is situated. 5(3C) For the purpose of sub-section (3B) the officer or authority executing the order for eviction shall ascertain from the Revenue Officer referred to in sub- section (3A) particulars of the land possession of which may be given go the intermediaty. VIII of 1885. 5(3D) Except as otherwise specifically provided in this Act or in the rules made there under, the provisions Cooch Behar of the Bengal Tenancy Act 1885 or the Cooch Behar Tenancy Act, 1910 shall not apply in the case of Act V of 1910. any land referred to in sub-section (2). ------------------------------------------------------------------------------------------------------------------------------- 1Sub-section (3) was added with retrospective effect bys. 3(2) of the West Bengal Estates Acquisition (Amendment) Act,1955 (West Ben. Act XXXV of 1955). 2This proviso was added with retrospective effect by s..2 of the West Bengal Estates Acquisition (Amendment) Act. 1969 (West Ben. Act XXXI of 1969). 3This Explanation was added with retrospective effect by s. 4 of the West Bengal Estates Acquisition (Amendment) Nact. 1957 (West Ben. Act IV of 1957). 4 This Exception ws added with retrospective effrect by s. 3(2) of the West Bengal Estates Acquisition (Amendment) Acy1963 (West Ben. Act XXII of 1963). 5Sub-section (3A) , (3B),(3C) and (3D) were inserted with retrospective effect by s.3(2) of the West Bengal Acquisition (Second amendment ) Act. 1961 (West Ben. Act XIX of 9161). 19 Page. ….15. (Chapter II. Acquisition of estates and of the rights of intermediaries therein.—Section 7.) 1(4) In the case of lands comprised in a forest 2[or in any embankment, referred in the Exception to sub- section (1)] and held by a person other than an intermediary which vest in the State, such person shall, for the purpose of assessment of compensation, , be deemed to be an intermediary. 1(5) An intermediary shall exercise his choice for retention of land under sub-section (1) within such time and in such manner as may be prescribed. If no choice is exercised by him during the prescribed period, the Revenue Officer shall , after giving him an opportunity of being heard, allow him to retain so much of the lands as do not exceed the limits specified in clauses (c), (d) and (j) of that sub-section : Provided that nothing in this sub-section shall require an intermediary to exercise the choice if he has already done so before the date of coming into force of the West Bengal Acquisition (Second Amendment) Act.