Section 5 in West Bengal Estates Acquisition Act, 1953
5. Effect of notification.
[(1)] [Original section re-numbered as sub-section (1) of that section by section 2 of the West Bengal Estates Acquistition (Amendment) Act, 1964 (West Bengal Act 22 of 1964).] Upon the due publication of a notification under section 4, on and from the date of vesting(a)the estates and the rights of intermediaries in the estates, to which the declaration applies, shall vest in the State free from all encumbrances; in particular and without prejudice to the generality of the provisions of this clause, every one of the following rights which may be owned by an intermediary shall vest in the State, namely :(i)rights in sub-soil, including rights in mines and minerals,(ii)rights in hats, bazars, ferries, [ xxx ] [The word forest omitted by Section 3(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).] fisheries, tolls and other sairati interests;(aa)[ all lands in any estate comprised in a forest together with all rights to the trees therein or to the produce thereof and held by an intermediary or any other person shall [ xxx ] [Clause (aa) Inserted by Section 3(b), ibid (with retrospective effect).] vest in the State;](b)all grants of, and confirmation of titles to, estates and rights therein, to which the declaration applies and which were made in favour of intermediaries shall determine;(c)[[Subject to the provisions of sub-section (3) of section 6, every non-agricultural tenant holding any land] [Substituted by Section 3(1) of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect) for the words and letters until the provisions of Chapter VI are given effect to, every raiyat or non-agricultural tenant, holding any land under an intermediary.] under an intermediary, and until the provisions of Chapter VI are given effect to, every raiyat holding any land under an intermediary], shall hold the same directly under the State, as if the State had been the intermediary, and on the same terms and conditions as immediately before the date of vesting :[Provided that if any non-agricultural tenant pays rent wholly in kind or partly in kind and partly in cash, then, notwithstanding anything contained in the foregoing clause, he shall pay such rent as a Revenue Officer specially empowered by the State Government in this behalf may determine in the prescribed manner and in accordance with the principle laid down in clause (ii) of section 42 : [First and second provisos added by Section 2 of the West Bengal Estates Acquisition (Amendment) Act, 1963 (West Bengal Act 22 of 1963).]Provided further that any person aggrieved by an order passed by the Revenue Officer determining rent under the first proviso may appeal to such authority and within such time as may be prescribed.](d)[every non-agricultural tenant holding under an intermediary and until the provisions of Chapter VI are given effect to, every raiyat holding under an intermediary,] [Substituted by Section 3(2) of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect) for the words every raiyat or non-agricultural tenant holding under an intermediary.] shall be bound to pay to the State his rent and other dues in respect of his land, accruing on and from the date of vesting, and every payment made in contravention of this clause shall be void and of no effect.(2)[ For the removal of doubts it is hereby declared that notwithstanding anything to the contrary contained in any judgment, decree or order of any court or Tribunal or in any other law, all rights and interests in mines and minerals of all intermediaries, being lessees and sub-lessees, in any notified area shall be deemed to have vested in the State with effect from the date of vesting mentioned in the notification under section 4 in respect of such notified area.][Sub-section (2) added by Section 2(2) of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act 22 of 1964).](3)[ It is further declared that notwithstanding anything to the contrary contained in any judgment, decree or order of any court or Tribunal or in any other law, all lands in any estate comprised in a forest with all rights to the trees or to the produce thereof as mentioned in clause (aa) of sub-section (1) in any notified area shall be deemed to have vested in the State with effect from the date of vesting mentioned in the notification under section 4 in respect of that area.][Sub-section (3) Inserted by Section 2(b) of the West Bengal Estates Acquisition (Amendment) Act, 1977 (West Bengal Act No. 36 of 1977).]
