Section 52 in West Bengal Estates Acquisition Act, 1953
52. [ Application of Chapters II, III, V and VII to raiyats and under-raiyats.On the issue of a notification under section 49 the provisions of Chapters II, III, V and VII shall, with such modifications as may be necessary, apply mutatis mutandis to raiyats and under-raiyats as if such raiyats and under-raiyats were intermediaries and the land held by them were estates and a person holding under a raiyat or an under-raiyat were raiyat for the purposes of clauses (c) and (d) of section 5 :]
[Section 52 Substituted by Section 16 of the West. Bengal Estates Acquisition (Second Amendment) Act. 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) for original section.][Provided that, where a raiyat or an under-raiyat retains, under section 6 read with this section, any land comprised in a holding, then notwithstanding anything to the contrary contained in sub-section (2) of section 6, he shall pay,][Proviso Substituted by Section 22 of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) (with retrospective effect) for existing proviso which was earlier added by Section 15 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect).](a)in cases where he was paying rent for the lands comprised in the holding and held by him immediately before the date of vesting (hereafter in this proviso referred to as the holding lands),(i)if he retains all the holding lands, the same rent as he was paying therefor immediately before the date of vesting, and(ii)if the land retained by him forms part of the holding lands, such rent as bears the same proportion to the rent which he was paying for the holding lands immediately before the date of vesting as the area of the land retained by him bears to the area of all the holding lands;(b)in cases where he was liable to pay rent but was not paying any rent for the holding lands immediately before the date of vesting on the ground that the rent payable by him therefor was not assessed, such rent as may be assessed, mutatis mutandis, in accordance with the [provisions of section 42; [ xxx ] [The words "provisions of section 42; and Substituted by Section 11(i) of the West Bengal Estates Acquisition (Amendment) Act, 1963 (West Bengal Act 22 of 1963) for the words and figures provisions of section 42.] ](c)[ in cases where he was liable to pay rent wholly in kind or partly in kind and partly in cash, then, notwithstanding anything contained in clause (c) of section 5, such rent as may be assessed in accordance with the [provisions of section 40; and ] [Clause (c) added by Section 11(ii) of the West Bengal Estates Acquisition (Amendment) Act, 1963 (West Bengal Act 22 of 1963).]](d)[ in cases where he was liable immediately before the date of vesting to pay for the holding lands a variable cash rent periodically assessed, such rent as may be assessed, mutatis mutandis, in accordance with the provisions of section 42.] [Clause (d) added by Section 11(3), ibid (with retrospective effect).]
