Section 61 in West Bengal Estates Acquisition Act, 1953
61. Application of the Act to transferred territories.
On the issue of a notification under section 60, in the area in respect of which such notification is issued,(1)the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950), shall stand repealed and the provisions of the foregoing Chapters of this Act shall mutatis mutandis apply :Provided that any reference in the foregoing Chapters of this Act to the Bengal Tenancy Act, 1885 (VIII of 1885), or any provision thereof shall, as the case may be, be construed as a reference,(i)in the case of application of such Chapters to the area comprised in the district of Purulia,to the Chota Nagpur Tenancy Act, 1908 (Bengal Act No. 6 of 1908), or the corresponding provision thereof, and(ii)in the case of application of such Chapters to any other area of the transferred territories,to the Bihar Tenancy Act, 1885 (VIII of 1885), or the corresponding provision thereof;(2)estates or interests vested in the State Government under the provisions of the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950), prior to the date of issue of the notification shall be deemed to have vested in the State Government under the provisions of this Act :Provided that(i)no intermediary shall be allowed to retain any land other than, or in excess of, what is permitted under the provisions of section 6 or any other provision of this Act;(ii)any land or interest which has vested in the State Government under the provisions of the Bihar Land Reforms Act, 1950, but which the ex-intermediary shall be entitled to retain under the provisions of this Act shall, if possible, be restored to him and no compensation shall be payable for any land or interest so restored;(iii)assessment of compensation already made or in progress on or before the date of issue of the notification shall be reopened and assessment of compensation for all lands and interests vested or deemed to have been vested in the State Government under this Act shall be made afresh under the provisions of this Act;](iv)[ if an intermediary had possessed any land other than, or in excess of, what is permitted under the provisions of section 6 or any other provisions of this Act, he shall be liable to pay to the State Government for the period for which he has continued in possession of such land after his estate or interest vested in the State Government, such damages for use and occupation of such land as shall be calculated at the rate of Rs. 10 per acre per annum; [clauses (iv) and (v) added by Section 3 of the West Bengal. Estates Acquisition (Amendment) Act. 1966 (West Bengal Act No. 14 of 1966).](v)any sum payable by an intermediary as damages under clause (iv) shall be recoverable as a public demand.]
