Section 4 in The Bengal Alienation Of Agricultural Land (Temporary Provisions) Act, 1944.
4. Procedure for effecting restoration of lands alienated by proprietors, tenure-holders, raiyats or under-raiyats in 1943. -
(1)If on or after the 1st January, 1943, and before the 1st January, 1944, a proprietor, tenure-holder, raiyat or under-raiyat has transferred any agricultural land by sale for any consideration the amount or value of which does not exceed two hundred and fifty rupees, and if-(a)he applies in the prescribed manner to the Collector at any time before the 25th day of December, 1945, for the restoration of such land to him, and(b)he satisfies the Collector that he could not have maintained himself or his family except by making such alienation of such land.the Collector shall, after giving the transferee and if such land is in the possession of any person other than the transferee, such other person also an opportunity of being heard, make an order in writing restoring such land to such proprietor, tenure-holder, raiyat or under-ratyat, as the case may be, and directing such proprietor, tenure-holder, raiyat or under-ratyaf in he manner provided in sub-section (2) to pay in ten annual instalments by such dates as may be specified in the order the amount of such consideration or its value together with interest on such amount at the rate of three and one-eight per centurm per annum from the dae of his receipt of such consideration and the amount of any compensation for improvements effected to such land, allowed by the Collector and determined by him in the manner prescribed, less the amount determined in the manner prescribed of the net income from such land of the person in possession of such land as a result of such alienation:Provided that the first of such instalments shall be payable on a date not later than the 1st day of Baishkh next following the date of the order.(2)When the Collector makes an order for payment by instalments under sub-section (1), he shall direct such instalments to be paid-(a)in the case where the agricultural land in respect of which such order is made has been alienated by the transferee before the date of such order by means of a bona fide transfer for valuable consideration or a bona fide gift by a registered instrument or heba, to the person in possession of such land as a result of such alienation;(b)in the case where such land has been alienated by the transferee before such date by means of a bona fide lease for valuable consideration or a usufructuary mortgage to the transferee and the person in possession of such land as a result of such alienation in such proportion and in such manner as may be determined by the Collector and specified in the order; and (c) in other cases, to the transferee:Provided that if such land is subject to a bona fide mortgage other than a usufructuary mortgage and such mortgage was executed after the transfer of such land referred to in sub-section (1), the Collector shall direct that such instalments shall first be paid to the mortgagee until the amount due under the mortgage as determined by the Collector is paid off and that thereafter any such instalments or part thereof still remaining due shall be paid in the manner provided in clause (a), clause (6) or clause (c) of this sub-section, as the case may be.(3)Where an application made under sub-section (1) is accompanied by a statement verified in the manner prescribed that the proprietor, tenure-holder, raiyat or under-raiyaf who made the transfer of the agricultural land by sale referred to in that sub-section could not have maintained himself or his family except by making such alienation of such land, the Collector shall for the purpose of clause (6) of that sub-section presume such statement to be correct until the contrary is proved.(4)The amount ordered to be paid by instalments by a proprietor, tenure-holder, raiyat or under-raiyat under sub-section (1) shall be a charge on the agricultural land in respect of which the order under that subsection has been made.(5)Where any agricultural land in respect of which an order under sub-section (1) is made is, after the date on which such order takes effect under sub-section (1) of section 5. sold in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913, other than a certificate for the recovery of any amount payable under such order, the whole of the amount payable under the said order then remaining due shall notwithstanding anything contained in such order at once become due and payable.
