Bare ActsThe west bengal land reforms act, 1955

Section 9

Amendment status not verified — confirm the current text below against the official source.

(1) On thc deposit mentioned in sub-scction (1) of secrian 8 '[MunsiO 10 allow the being nlndc, rhc b[Munsifl shall give no~icc of !he applica~ion to thc appliclIion transfcrcc, and shall also cause a noricc to bc afixed on rhc land for [he and apponion infonnation OF persons in~ercstcd. On such notice bcing served, the in transferee ar any pcrson heresled may appear within [he rime specified ccnaln c=cs. in thc notice and prove the consideration money paid For rhc ~ransfer and orhcr sums, if any, proper1 y paid by him in respecL of ~ h c lands including any sum paid for annulling cncumbranccs created prior to thc date of u-ansfer, and rent or rcvcnue, cesses or [axes for any pcriod. The 6[Munsifl may after such enquiry as he considers necessary dircc~ the applicant to deposit such furihcr sum, if any, within the timc specified by him and 'Thc word -'usufrucluq" was omi~tcd by s. 7(ii)(b) ofthc War Bcngal Land kcram (Anlcndrncnl) ACI. 1971 (Wut Bcn. Acl XI1 of 1972). Thcwords~vithin the square bnclic~ ~vcrcsubsd~utcd Iorheworcls "Cormy individus' by s. 12(2](13) oi thc WCSI Bcngd Lmd RcCorms (Arnendmrnl) Act. 1981 (West Bcn. Act L of 19811, \v.c.f. 7.8.69. 'Clause (el was insened by s. 12(2)(a). ibirl., w.c.f. 7.8.69. 'Etplo~ruric~~r was addcd by s. 12(2)(b), ibirl.. w.c.f. 7.8.69. 'Sub-szc~ion (3) w a addcd by s. 7(iii) ofthe West Bengd Land Reforms (Amcndmeot) ACI. 1972 (IYcst Bcn. ACI XI1 of 1972). T h e words wilhin ~ h c squm bnckc~ was subsrilutcd for the wo& "Rcvcnue OITcet" by 5. 8(i), ibid. Tlre West Bellgal Lclrrd Rcforn~s Act, 1955. [West Bcn. Act (Cltnprer 11.--Raiyats.-Secrion 9.1 on such sum being dcposired, hc shall makc an order that lhe amaunt t of thc consideralion rnoncy togelher with such other sums as are provcd to havc bccn paid by thc transferee or ~ h c person intcrcslcd plus ten per mat, of [he consideralion money be paid to the rransfcrcc or the person interested out of thc money in deposil. the rcmainder. jl' any, being rehndcd lo the applicant. The '[MunsiT] shall lhcn malre a further ordcr thnl ~ h c portion or sharc of [he holding be rnnsrerrcd lo the applicanl and on such order being madc, the porlion or s h m of thc holding shall ' vesl in the applicant. (2) When any pcrson acquircs the right, tide and in~ercs~ of the wansfcree in such Ilolding by succcssion or othenvisc, the right, dtlc and inrercst acquired by him shall be subject to k c righl conferred by sub- seclion (I) of section 5 on a co-shxcr raijar or a mijd possessing land adjoining h e holding. (3) In making an order undcr sub-secrion ( I ) in favour of more rhan one co-sharer raiyar or raiyat holding adjoining land, the '[MunsiT] may apportion tho portion or share of thc holding in such manner and on such [ems ns hc deems equitable. (4) Where any portion or share of s holding is rransfcrrcd to the applicant under sub-seclion (I), such applican~ shall be liable lo pay all mars of revenuc in respecl of such portion or share of the holding that may be ourslanding on rhe datc of the order. (5) Thc '[Munsifl shall send a copy of his order as modified on appeal, if any, under sub-section (6) lo rhe prescribed authoriry for correction of the record-of-rights. (6) Any pcrson aggrieved by an order of Ihc [[Munsifl under h i s sccrion may appeal to thc ?[District Judge] having jurisdiction over ~ h c area in which the land is situated, within thirty days rrom the date of such ordcr and [he 2[Dis!ri~t Judge] shall send a copy OF his order to the IIMunsifl. The fees to be paid by the parties and thc procedure to be follolvcd by the =[Dislrict Judge] shall be such as may bc prescribed. '(7) Every appcal pending bcfore an Additional District Magistra~e a1 Ihe commencement of section 8 of the Wcsr Bengal Land Rcforms Wcsl 8cn. ActXIIof , , . - (Amendment) Acr, 1972, shall, on such com~enccmenl, stand transferred 1972, , . 10, and be disposed of by. rhe Disrrict Judge having jurisdiction in ; , I 'See root-norc 6 on pagc 599. ultre. I 'The words wilhin the s q u m bracket5 wen: substi~ured for ~ h c word "Munsir' by s. 8(ii) of ~hc Wesl Bcngd h d Relor~ns (Amcndnicn~) Acr, 1972 (W-I Bcn. Act XI1 OC 1972). 'Sub-scclion (7) war insencd by s. Miiil, ibi(i. The Wesr Bargot Larrd Rcfo~.rrrs Act, 1955. (CItnprer It.-Raiya!s.-Scctio~z.~ 10-12.) , relation to thc arcn in which the land is si~ualed and on such lransfer, ' cvcry such appcal shall bc dci111 wirh horn the stage at which it was so unnsfcrred atld shall bc disposcd or in accordoncc with I he provisions west Bell- of this Act, as amended by [he West Bcngnl Land Reforms (Amcndmcnt) ActX1lof

Section 9 – The west bengal land reforms act, 1955 | DailyLaw.ai