Section 61(2) in West Bengal Estates Acquisition Act, 1953
(2)estates or interests vested in the State Government under the provisions of the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950), prior to the date of issue of the notification shall be deemed to have vested in the State Government under the provisions of this Act :Provided that(i)no intermediary shall be allowed to retain any land other than, or in excess of, what is permitted under the provisions of section 6 or any other provision of this Act;(ii)any land or interest which has vested in the State Government under the provisions of the Bihar Land Reforms Act, 1950, but which the ex-intermediary shall be entitled to retain under the provisions of this Act shall, if possible, be restored to him and no compensation shall be payable for any land or interest so restored;(iii)assessment of compensation already made or in progress on or before the date of issue of the notification shall be reopened and assessment of compensation for all lands and interests vested or deemed to have been vested in the State Government under this Act shall be made afresh under the provisions of this Act;](iv)[ if an intermediary had possessed any land other than, or in excess of, what is permitted under the provisions of section 6 or any other provisions of this Act, he shall be liable to pay to the State Government for the period for which he has continued in possession of such land after his estate or interest vested in the State Government, such damages for use and occupation of such land as shall be calculated at the rate of Rs. 10 per acre per annum; [clauses (iv) and (v) added by Section 3 of the West Bengal. Estates Acquisition (Amendment) Act. 1966 (West Bengal Act No. 14 of 1966).](v)any sum payable by an intermediary as damages under clause (iv) shall be recoverable as a public demand.]
