Section 5 in The Bengal Alienation Of Agricultural Land (Temporary Provisions) Act, 1944.
5. Effect of order for restoration of lands. -
(1)When the Collector makes an order under sub-section (1) of section 4 restoring any agricultural land to a proprietor, tenure-holder, raiyat or under-raiyat, such order shall be have effect on the 1st day of Baisakh next following the date of the order.(2)From the date on which an order under sub-section (1) of section 4 takes effect under sub-section (1) of this section, the right, title and interest in the agricultural land accuring to the transferee as a result of the transfer referred to in sub-section (1) of section 4 shall, subject to the provisions of sub-section (4) of that section, be deemed to have vested in the proprietor, tenure-holder, raiyat or under-raiyat, as the case may be, free from all encumbrance's, if any, which have been created after the date of such transfer.(3)If on or before the date on which an order under sub-section (1) of section 4 takes effect under sub-section (1) of this section, the person in possession of the agricultural land as a result of the transfer referred to in sub-section (1) of section 4 has not yielded possession of such land to the proprietor, tenure-holder, raiyat or under-raiyat, as the case may be, the Collector may of his own motion, and shall on the application of such proprietor, tenure-holder, raiyat or under-raiyat, eject such person and place such proprietor, tenure-holder, raiyat or under-raiyat, as the case may be, in possession of such land.
