Section 4 in The Bengal Land-Revenue Sales (West Bengal Amendment) Act, 1950
4. Substitution of new section for section 37.
- For section 37 of the said Act, the following section shall be substituted, namely :-"37. Rights of a purchaser of a permanently settled estate sold for its own arrears. - (1) The purchaser of an entire estate in the permanently settled districts of West Bengal sold under this Act for the recovery of arrears due on account of the same, shall acquire the estate free from all encumbrances which may have been imposed after the time of settlement and shall be entitled to avoid and annul all tenures, holdings and leases with the following exceptions :-(a)tenures and holdings which have been held from the time of the permanent settlement either free of rent or at a fixed rent or fixed rate of rent, and(b)(i)tenures and holdings not included in exception (a) above made, and(ii)other leases of land whether or not for purposes connected with agriculture or horticulture,existing at the date of issue of the notification for sale of the estate under this Act :Provided that notwithstanding anything contained in any law for the time being in force or in any lease or contract no person shall be entitled to hold under such a purchaser as is aforesaid any tenure, holding or lease coming within exception (b) above made, free of rent or at a low rent or at a rent or rate of rent fixed in perpetuity or for any specified period unless the right so to hold has been expressly recognised under any law for the time being in force by any competent civil or revenue court; and the purchaser shall be entitled to proceed in the manner prescribed by any law for the time being in force for the determination of a fair and equitable rent of such tenure, holding or lease.(2)For the purposes of this section-(a)(i)'tenure' includes a tenure as defined in the Bengal Tenancy Act, 1885, and(ii)'holding' includes a holding as defined in the Bengal Tenancy Act, 1885;(b)any rent which is lower than what has been entered in any record of rights prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, before the commencement of the Bengal Land-revenue Sales (West Bengal Amendment) Act, 1950, shall be presumed to be a low rent ;(c)section 75A of the Bengal Tenancy Act, 1885, shall not have any application."
