Section 42 in West Bengal Estates Acquisition Act, 1953
42. Intermediary liable to pay rent.
[(1)] [Original section renumbered as sub-section (1) of that section by Section 10 of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act 22 of 1964).] [Save as otherwise provided in sub-section (2), when an intermediary is entitled] [Substituted by Section 10(1)(a), ibid for the words When an intermediary is entitled.] to retain possession of any land under sub-section (1) of section 6, then except in cases of land retained under clause (h) or (i), and except in the cases referred to in the proviso to sub-section (2) of section 6, the Revenue Officer shall determine the rent payable in the prescribed manner and in accordance with the following principles, that is to say(i)if the land be agricultural land, on the basis of the rate of rent [paid by raiyats or other persons holding lands.] [Substituted by Section 18 of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) (with retrospective effect) for the words paid by raiyats for lands.] of similar description and with similar advantages in the vicinity;(ii)if the land be non-agricultural land, at a rate which the Revenue Officer may deem fair and equitable having regard to the rent generally paid for non-agricultural lands of similar description and with similar advantages in the vicinity [or where such non-agricultural lands are not available in the vicinity or the rent generally paid for such non-agricultural lands cannot be readily ascertained, at such rate, not exceeding five per centum of the net annual income from the land estimated in the prescribed manner, as the Revenue Officer may deem fair and equitable]: [Inserted by Section 10(1)(b) of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act 22 of 1964) (with retrospective effect).][Provided that in the case of an intermediary, who immediately before the date of vesting held any tenure comprising exclusively of non-agricultural lands, he shall, subject to any law for the time being in force for assessment or re-assessment of rent,(a)pay the same rent as he was paying immediately before the date of vesting if he retains all such lands;(b)pay as rent an amount which shall bear the same proportion to the rent he was paying immediately before the date of vesting, as the area of the land retained by him bears to the area of all the lands which were comprised in the tenure if he retains only part of such lands;(c)pay no rent for the land retained by him if he held such land rent-free immediately before the date of vesting.[Proviso added by Section 6 of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).](2)[ When an intermediary is entitled to retain possession of any land 3omprised in a tea garden under clause (f) of sub-section (1) as read with sub-section (3) of section 6, the Revenue Officer shall determine the rent payable in respect of such land in the following manner, that is to say(a)for land under cultivation of tea or covered by factories, office buildings or quarters for labourers of the tea garden, at twice the average rate of rent paid for the highest class of agricultural lands in the vicinity, subject to a maximum of Rs. 6.50 per acre,(b)for land under cultivation of cardamom, at Rs. 15 per acre,(c)for land under cultivation of any other crop, at one and a half times the average rate of rent paid for the average class of agricultural lands in the vicinity,(d)for land under hats or markets, at the average rate of rent paid for the highest class of agricultural lands in the vicinity, plus an amount equivalent to 50 per centum of the net profits from such hats or markets, and(e)for any other land, at the average rate of rent paid for the average class of agricultural lands in the vicinity.][Sub-section (2) Inserted by Section 10(2) of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act 22 of 1964).](3)[ Notwithstanding anything to the contrary contained in the proviso to sub-section (2) of section 6 or in any contract, where any land comprised in a tea-garden is held under a lease, the rent payable by the lessee in respect of such land shall be the rent determined by the Revenue Officer in the manner specified in sub-section (2).Explanation.In this sub-section 'lease' includes a lease granted directly by the State Government.(4)Notwithstanding anything to the contrary contained in any judgment, decree or order of any court or tribunal or in any law, the rent determined under sub-section (2) or sub-section (3) shall take effect and shall be deemed always to have taken effect from the date of vesting.][Sub-sections (3) and (4) Inserted by Section 3 of the West Bengal Estates Acquisition (Amendment) Act. 1969 (West Bengal Act 31 of 1969).]
