3A. [ Rights of non-agricultural tenants and under-tenants in non-agricultural land to vest in the State.(1) The rights and interests of all non-agricultural tenants and under-tenants under the West Bengal Non-Agricultural Tenancy Act, 1949 (West Bengal Act No. 20 of 1949) shall vest in the State free from all encumbrances, and the provisions of sections 5 and 5A of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act No. 1 of 1954) shall apply, with such modifications as may be necessary, mutatis mutandis to all such non-agricultural tenants and under-tenants as if such non-agricultural tenants and under-tenants were intermediaries and the land held by them were estates and a person holding under a non-agricultural tenant or under-tenant were a raiyat.
Explanation.Nothing in sections 5 and 5A of the West Bengal Estates Acquisition Act, 1953 shall be construed to affect in any way the vesting of the rights and interests of a non-agricultural tenant or under-tenant under the West Bengal Non-Agricultural Tenancy Act, 1949 in the State under sub-section (1) of this section.(2)Notwithstanding anything contained in sub-section (1), a non-agricultural tenant or under-tenant under the West Bengal Non-Agricultural Tenancy Act, 1949, holding in his khas possession any land to which the provisions of sub-section (1) apply, shall, subject to the other provisions of this Act, be entitled to retain as a raiyat the said land which together with other lands, if any, held by him shall not exceed the ceiling area under section 14M.(3)Every intermediary,(a)whose land held in his khas possession has vested in the State under sub-section (1), or(b)whose estates or interests, other than land held in his khas possession, have vested in the State under sub-section (1), shall be entitled to receive an amount to be determined in accordance with the provisions of section 14V.(4)[ The provision of this section shall not apply to any land to which the provisions of the West Bengal thika Tenancy (Acquisition and Regulation) Act, 2001 (West Bengal Act 32 of 2001), apply.] [Substituted by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Bengal Act No. 35 of 1986) published in Calcutta Gazette, dated 12.5.1989, w.e.f. 9.10.1980.](5)This section shall be deemed to have come into force on and from the 9th day of September, 1980.]
