Section 6(3) in West Bengal Estates Acquisition Act, 1953
(3)[ In the case of land comprised in a tea-garden, mill, factory or workshop the intermediary, or where the land is held under a lease, the lessee, shall be entitled to retain only so much of such land as, in the opinion of the State Government, is required for the tea-garden, mill, factory or workshop, as the case may be, and a person holding under a lease shall, for the purpose of assessment of compensation, be deemed to be an intermediary :][Sub-section (3) added by Section 3(2) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect).][Provided that the State Government may, if it thinks fit so to do after reviewing the circumstances of a case and after giving the intermediary or the lessee, as the case may be, an opportunity of being heard, revise any order made by it under this sub-section specifying the land which the intermediary or the lessee shall be entitled to retain as being required by him for the tea-garden, mill, factory or workshop, as the case may be.][Proviso added by Section 2 of the West Bengal Estates Acquisition (Amendment) Act, 1969 (West Bengal Act 31 of 1969) (with retrospective effect).][Explanation I. The expression 'land held under a lease' includes any land held directly under the State under a lease.] [Explanation added by Section 4 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect).]Explanation II. For the removal of doubts, it is hereby declared that the expression "revise any order" mentioned in the proviso to this sub-section, shall, notwithstanding anything contained in any law for the time being in force or in any agreement or in any decree, judgement, decision, award of any court, tribunal or other authority, include revision of an order of retention made under this sub-section, at any time after such order of retention so made, if the intermediary or the lessee, as the case may be, fails to use or ceases to use the whole or any part of the land for the purpose for which it has been retained i.e. for tea-garden, mill, factory or workshop, as the case may be, by him, so as to resume such land as being surplus to his requirement, by the State Government in the manner laid down in this proviso. [Explanation added by West Bengal Act No. 5 of 2009 Vide Notification No. 1516-L., dated 9th November, 2010][Exception.In the case of land allowed to be retained by an intermediary or lessee in respect of a tea-garden, such land may include any land comprised in a forest if, in the opinion of the State Government, the land comprised in a forest is required for the tea-garden.] [Exception added by Section 3(2) of the West Bengal Estates Acquisition (Amendment) Act. 1963 (West Bengal Act 22 of 1963) (with retrospective effect).]
