Section 25 in West Bengal Estates Acquisition Act, 1953
25. Certain restrictions as to amounts payable as compensation.
(1) [No intermediary] [Substituted by Section 12(1), ibid for the words, figures and letters Notwithstanding anything contained elsewhere in this Act or in any Compensation Assessment Roll as finally published under section 21 but subject always to the provisions of Chapter IV, no intermediary.] shall be entitled to receive on account of compensation any amount in excess of the amount calculated on his total net income from all his interests held by him within the State at the rate specified in the table contained in section 17.(2)The Compensation Officer shall, before making any payment under section 23 of any compensation payable in terms of a Compensation Assessment Roll [, ascertain from the intermediary in the prescribed manner if any amount has already been paid to him on account of compensation and, if so, shall, by order,] [Substituted by Section 12(2), ibid for the words prepared for any notified area, ascertain from such intermediary, in the prescribed manner if any amount has been paid to him on account of compensation in respect of any other notified area and.] adjust the payment by making any deduction he considers necessary :Provided that(a)no such deduction shall be made until a reasonable notice has been given to the intermediary to appear and be heard in the matter; and(b)any such order for deduction shall be subject to appeal in the manner provided under section 20.(3)[ If any intermediary having estates and interests in an area or areas other than the one in respect of which his Compensation Assessment Roll has been prepared and published does not submit a statement under clause (b) of sub-section (1) of section 15 or does not include in such a statement filed by him full and correct details regarding all his estates and interests and the income therefrom, with a view to getting higher compensation than what is admissible under the provisions of sub-section (1), the State Government may, by order made in this behalf, direct that such intermediary shall forfeit the whole or such part of the compensation payable to him as may be specified in the order.][Sub-section (3) Inserted by Section 16 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Bengal Act No. 17 of 1960).](3A)[ If an intermediary executes any instrument purporting to transfer any Khas land which he has not retained under sub-section (1) of section 6 to any person and puts such person in possession of such land at any time before the payment of the compensation under section 23 to him, then, without prejudice to its right to recover possession of such land from such person, the State Government may, by order made in this behalf, direct that such intermediary shall forfeit such part of the compensation payable to him as may be specified in the order.(3B)An appeal against any order of forfeiture passed under sub-section (3) or sub-section (3A), if preferred within sixty days of such order, shall lie to a Special Judge, being a person who is or has been a District Judge or an Additional District Judge, appointed by the State Government for the purpose of hearing appeals under this sub-section and such Special Judge shall dispose of the appeal according to the prescribed procedure.][Sub-sections (3A) and (3B) Inserted by Section 8 of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act 22 of 1964) (with retrospective effect).](4)[ If, in any case, it is found that the amount of compensation paid to an intermediary is in excess of what is payable to him under the provisions of this Act, the excess amount so paid shall be adjusted against future instalments, if any, so payable to him, and, if no such adjustment is possible, may be recovered from the intermediary as a public demand.][Sub-section (4) Inserted by Section 16 of the West Bengal Estates Acquisition (Amendment) Act. 1960 (West Bengal Act No. 17 of 1960).]
