(1)Notwithstanding anything contained in the Bengal Alluvion and Diluvion Regulation, 1825, the Bengal Alluvion and Diluvion Act, 1847, or the Bengal Alluvion (Amendment) Act, 1868, the Collector, if he is. credibly informed that a dispute likely to cause a breach of the peace exists or is likely to arise, in regard to any alluvial land which in his opinion has recently formed, may, after making an order in writing, stating the grounds therefor, in the interest of public order, attach such land, and may demarcate it with boundary pillars.(1a)[] [Sub-section (1a) inserted by Bengal Act 5 of 1935.] Where such land is situated within the limits of more than one district, or it is doubtful within the limits of which district or districts such land is situated any Collector who considers that any portion of such land is situated within the limits of his district may, after recording his reasons therefor, attach the whole of such land. If, after attachment, such land or any portion thereof is found to be situated within any other district or is transferred to another district, the attachment shall continue to be valid but the Collector who attached the land may either transfer the case, in respect of the whole or any portion of the attached land, for disposal to the Collector of any such other district or may himself continue the proceedings under the provisions of this Act. The Collector to whom a case is transferred for disposal under this sub-section shall be deemed, for the purposes of this Act, to have attached the land under this section.(2)When the Collector attaches any alluvial land under sub-section (1) [or sub section (1a)] [Words, brackets, figure and letter Inserted by Bengal Act 5 of 1935.], he may himself manage such land during the period of attachment, or may, if he thinks fit, appoint a receiver thereof, who, subject to the control of the Collector, shall have all such powers conferrable on a receiver appointed under the Code of Civil Procedure, 1908, as may be given to him by the Collector:Provided that neither the Collector nor the receiver shall make a settlement or resettlement of any [for a period exceeding one year nor shall be charge any salami for such settlement or re-settlement] [Words substituted by Bengal Act 5 of 1935.].(3)Nothing in this section shall preclude any party interested from showing, before the Collector makes an order of reference under section 5, sub-section (1), that no such dispute as aforesaid exists or is likely to arise; and the Collector, if satisfied that no such dispute as aforesaid exists or is likely to arise, shall cancel his order of attachment under subsection (1), [or sub-section (1a)] [Words, brackets, figures and letter inserted, by Bengal Act 5 of 1935.], and all further proceedings thereon shall be stayed, but, subject to such cancellation, the said order shall be final. [The Collector may, if he thinks fit, cancel his order of attachment under sub-section (1) or sub-section (1a) in respect of a portion of the attached land and continue proceedings in respect of the remainder of such land.] [Words, bracket, figures and letter inserted by Bengal Act 5 of 1935.](4)[] [Sub-section (4) and (5) inserted by Bengal Act 5 of 1935.]When an order of attachment of any alluvial land is cancelled under sub-section (3), the Collector shall issue a notice in the prescribed manner inviting claims to the net receipts from the land during attachment, and shall order the payment of such receipts to the persons who, in his opinion, are entitled to the same. The net receipts shall be calculated by deducting from the gross receipts the costs incurred under this section, and under section 4, sub-section (1), and section 4A, sub-section (1), and the cost of preparation of the reference to be made under section 5, sub-section (1), if any.(5)[] [Sub-section (4) and (5) inserted by Bengal Act 5 of 1935.] In estimating for the purposes of sub-section (4), section 5, and section 7 the costs incurred under this section, the following costs shall be included in the cost of management namely:-(a)the rate leviable under the Government Management of Private Estates Act, 1892,(b)the cost of special staff, if any, and(c)where no special staff is employed for collection, a sum not exceeding five per centum per annum on the actual collections.
