Amendment status not verified — confirm the current text below against the official source.
Bcngal Estares Acquisilion Acl, 1953 or in any orhcr law for Ihc time being in rorcc or in any agrccmcnl, cuslom or usagc or in any dccrcc, judgement, decision or award af any court, lribunal or aurhorily, h e provisions of sub-scctions (3, (6) and (7) shall opcrale with rcrrospcc~ivc cifcc~ horn rhc 5th day 01 May, 1953. '(9) Sub-seclions (5), (6), (7) and (8) of this secrion shall be deemed to have always bcen inserted in the Wcst Bengal Estarcs Acquisition Act, 1953. Any officer specially empowered in [his behaIf under [he provision of the West Bengal Estales Acquisition Act, 1953 or under [he provisions of his Act, may, in cxercisc of h e powers conferred by. sub-seclions (5) to (81, re-open and decide arresh any proceeding, case or dispule in relalion 10 dclerminalion of iolal land held by an intermediary or a raiyar or an undcr-raijnr at any point of lime or may dc~erminc thc quanlum of land such in~crmcdiary, twijar or undcr-l-crijar was or is cnrirlcd to rclain and also may dclerniine the extent 01 land which is to vest in [he State or which shall remain vestcd in lhc Srnre and shall rake possession of such land in accordance with the provisions of scclion 14SS. No~wirhsranding any judgmcni, decision or award of any court, tribunal or aulhority 10 the conrrary, [he rulc of res j~tdicata shall nor apply to such cases OF re-opening and frcsh =(lo) Notwithsranding any return submilted by a raiyat under sub- seclion (1) or sub-seclion (2) and nolwihstanding any order passed by the Revenue Officer under sub-seclion (3) or sub-seclion (3A) in respec1 of tlic land owncd by him, lhe State Govcrnmen~ may, a1 any lime by a notifica~ion in he Oficial Guzetre, ask cvcry raijut owning land in excess of the ceiling area under sec~ion 14M 10 furnish to h e Rcvcnuc Ofhcer, in such form as may be prescribed and wiihin such rimc as may be specified in [he no~ificarion, a return containing the full description of [he land which he proposes to relain within the ceiling area applicablc lo him under seclion 14M and a full descriplion of the land which is in excess OF the ceiling area and such other paniculars as may -bc prescribed. ?(I 1) On rhc publicarion of thc norificalion under sub-section (101, [he provisions of this section shall apply olrrra~is nirrfar~dis to cvcry raiyur owning land in excess of h e ceiling area under sub-section 14M. 'See iool-now 2 on pngc 618. atrre. 'Sub-seclions (10) and (1 1) wcrc inscned by s. 10(b) of rhc\Vesr Bcngal h d Rcforms (Third Arnendmcnl) Acl. 1986 IWesr Ben. Acr XXXV of 1986). The Wesr Bengal ktid Refomrs Acr, 1955. [Wfst Ben. Act (Chapter IIB.-Ceiliq or1 Holdir~gs.-Sec~iorr 14U.) Rcs~riction '14U. ( 1 ) Exccpt where he is pcmitled, in wridng, by [he Rcvcnue orchn.crer of~andbyn Olficcr so lo do a mijar owning land in exccss of the ceiling area " i i ~ " f . . applicable to him under section 14M, shall not, af~cr the publicalion, in h e Official Gazette, of the West Bengal Land Rcfoms (Amendment) Acr, 197 11, tansfer, by sale. gift or otherwise or makc any panition of any land owned by him or any pan thcreaf unlil thc cxccss land, which is to vesl in the Stale undcr section 145, has been delermincd and taken possession of by or on bchalf of the Sla~e: ?Provided that nothing in this sub-seclion shall apply lo any land lo which the provisions of section 3A apply: )Provided further that if a raijat has lransierred any land which he rctaincd in pursuance OF any order of the Kevcnuc Officer undcr sub- sccrion (3) or sub-scction (3A) of section 14T, such land shall bc lakcn into account in dercnnining, on any subsequcnl occasion, the ceiling m a of rhc said raijat in pursuance of I he provisions OF this Act, as if such land had not been rranslcmed. '(2) Except where he is pcrmilted, in writing, by the Revcnuc Officer so to do, a raiyat owning land 10 which [he provisions of secrion 3A apply, whether or not such land togerher wilh other land, if any, i s in exccss of the ceiling arca under scction 14M, shall not on and from Ihc date of coming inlo Forcc of secuon 3A or h e Act. u-anslcr by sale, gift or olhenvisc, or make any partidon of, any such Imd or any par( [hereof until the exccss land, if any, which is lo vest in the Slate under section 14s has been dcrcrmined or re-determined and taken possession OF by or on behalf of the State. '(3) If a raiyarmakes any transfer, whether by sale. gift or otherwise. of any land in contravenlion of the provisions of sub-section (1) or sub- section (2), the Slate Governmen[ may, in the Iirs~ instance, take possession of land, cqual in area-lo the land which is lo vesl in the Slate, from out OF the land owned by such raiyab and where sach rccovery rrom the raiyot is no[ possible, from thc transferee: ISec fool-ootc 1 on page 609. onR. 'Thc words. figures and bnckcts "West Bengd h d Relorms (Amcndmenc) Act, 1981" wcrc lirsr substiru~cd Tor he work, figuw md bnckes "Wcst Bengd Lyld R e f o m (hndment) Acl. 197 1" by s. 27 of hc W C ~ L Bengf h d RcTorms (Amendment) ACI. 1981 (Wed Ben. Act L 01 1981). Thcmfter, the words, figurn and bmkcts w~thin thcquat hnckcls wcresubsritutcd for the words. figures and bn+c& "WE[ Bengd h d Rclonns (Amcndrncn~) Act. 1981" by s. I I(l)(i) of UIC Wes~ Bengf h d R c l o m (Third Amendmen[) Acr. 1986 (Wcsi Ben. Act XXKV of 1986). 'Thc provisos werr ddcd by s. I l(a)(ii) of the \Val Bcngd Land Refarms (Third Amendment) Act, I986 (\Vcs~ Bcn. A a XXXV of 1986). 'Sub-scc~inn (2) was substituted for h c original subsccuon by s. I l(b). ibid. 3Sub-s~tion (3) w ~ s subs~itutcd for he original sub-sccuon by s. I l(c). ibid. The West Betrgal tarid Reforn~s Act, 1955. Providcd hat where the uansferee is a person who is eligiblc ror ' dlolment of surplus land in accordance wirh the provisions of lhis Act, the State Govcrnrncnl may, insiead o f enforcing its right to rccovcr h c land or equal amount of land, rccover from h e transferor Ihc mount which he had rcceived as consideralion for the translct of such land. '(4) Any raiyat who transfers any land in contravention of rhe provisions of sub-section (I) or ~ub~scction (2) shall be punishable with fine which may extend to two thousand rupees or with imprisoflrncnt for a term which may extend to six months or wirh bolh: Provided rhat nothing in [his su bseclion shall apply to any uansfer made in accordancc wilh Ihe provisions of any law for [he timc b c i n ~ in forcc. ?14V. The State Governmcnr shall pay, in thc prescribed manner, Paytncn~ of for the vesting or any land in thc Statc undcr thc provisions of this Act, "OUn', aRer possession of such land is taken under sub-seclion (3) of section 14T, lo the person or persons having any intcres~ [herein an amounl cqual lo fifieen times the land revenue or its cquivalenl assessed Tor such land; or where such land rcvcnue or i ~ s cquivalenr has not been asscsscd or is not requircd to bc asscsscd, an amounl calculated at thc rate of Rs. 135 for an arca of 0.4047 heclue. -'14W. [(Donrages for rrse orrd occrrpa~iot~ oJ larld)-O~)lif~ed by s 3 oJ tile West Bengal Larrd Refonrrs ~Arrrer~drrrerr~) Acr, 1980 (West Belt. Acr XLI of 19801.1