Section 26 in West Bengal Estates Acquisition Act, 1953
26. Extent of recovery of compensation money by attachment.
(1) [Save as otherwise provided in the proviso to sub-section (1) of section 7 [or the proviso to sub-section (7) of section 10] [Substituted by Section 11(1) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) for the words No portion.], no portion] of the compensation payable to any intermediary in terms of any Compensation Assessment Roll finally published under section 21, in excess of fifty per centum thereof shall(a)be liable to be deducted under an order of a Collector made under section 7, or(b)be liable to attachment at any one time in execution of decrees including decrees for arrears of rent.(2)Where there are several orders of attachment and the aggregate of the sums to be attached under such orders exceeds the limit referred to in sub-section (1), the orders shall be enforceable to the extent of such limit and the priority amongst them shall be decided, as far as practicable, in accordance with the principles laid down in section 73 of the Code of Civil Procedure, 1908 (Act No. 5 of 1908) :Provided that any sum which is required to be deducted under the order of a Collector under section 7 shall have priority before any order of attachment.(3)[ Except(a)in a case covered by the proviso to sub-section (1) of section 7 [or the proviso to sub-section (7) of section 10], or(b)when the entire amount of compensation is payable in cash [under clause (a) of sub-section (2) of section 23 [ xxx ] [Inserted by Section 13 of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961).]],all sums to be deducted under section 7 or recoverable under an order of attachment under sub-section (1) shall be deducted from the amount of compen6tion payable in [ xxx ] [The word non-negotiable omitted by Section 9 of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Bengal Act No. 19 of 1961).] bonds under the provisions of clause (b) of sub-section (2) of section 23 [or from the annuity payable under sub-section (3) of that section] [Inserted by Section 9(2) of the West Bengal Estates Acquisition (Amendment) Act, 1964 (West Bengal Act 22 of 1964) (with retrospective effect).] [, and no such sum shall be deducted from the amounts payable under sub-section (1) or sub-section (2) of section 12] [Added by Section 5 of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).].][Sub-section (3) added by Section 11(2) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect).]
