Section 5 in The West Bengal Acquisition And Settlement Of Homestead Land Act, 1969.
5. Inquiry by the Collector. -
(1)On receipt of an application under section 4 the Collector shall make an inquiry in such manner as may be prescribed to determine whether an occupier has constructed a homestead on the land in his possession and has been residing therein [from before the commencement of the Act] [Words substitutes for the words 'Continuously for the period referred to in section 4' by W.B. Act 34 of 1972.].(2)Notwithstanding anything contained in section 4, the Collector may, on his own motion, make any inquiry referred to in sub-section (1):Provided that no such inquiry shall be started after the expiry of [five years] [Words substitutes for the words 'two years' by W.B. Act 34 of 1972.] from the date of coming into force of this Act.(3)For the purpose of an inquiry under sub-section (1) the Collector shall have all the powers of a civil court while trying a suit in respect of the following matters, namely:-(a)summoning and enforcing the attendance of any person and examining him on oath;(b)requiring the discovery and production of documents;(c)receiving evidence on affidavits.
