West Bengal Alienation Of Land (Temporary Provisions) Act, 1954
No: 37 Dated: Nov, 24 1954
THlE WEST BENGAL ALIENATION OF LAND (TEMPORARY PROVISIONS) ACT, 1954
West Bengal Act XXXVII of 1954
An Act to provide for the restoration of certain lands to persons who alienated them during the period between the 1st day of January, 1951 and the 30th day of November, 1953, in consequence of the prevailing economic distress.
Whereas it is expedient to provide for the restoration of certain lands to persons who alienated them during the period between the 1st day of January, 1951 and the 30th day of November, 1953, in consequence of the prevailing economic distress;
It is hereby enacted in the Fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short title and extent. - (1) This Act may be called the West Bengal Alienation of Land (Temporary Provisions) Act, 1954.
(2) It extends to the whole of West Bengal.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context,-
(1) "Collector" means the Collector of a district or any other officer appointed by the State Government to discharge the functions of a Collector under this Act;-
(2) "land" means agricultural land and includes homesteads, tanks, wells and water-channels;
(3) "period of distress" means the period between the 1st day of January, 1951 and the 30th day of November, 1953, both days inclusive;
(4) "prescribed" means prescribed by rules made under this Act;
(5) references to "transferor" and "transferee" shall be deemed to include references to their successors-in-interest.
3. Act to override other law, etc. - The provisions of this Act shall have effect notwithstanding anything to the contrary in any other law for the time being in force:
Provided that nothing in this Act shall apply to any land which is evacuee property under section 3 of the West Bengal Evacuee Property Act, 1951.
4. Procedure for effecting restoration of lands alienated during the period of distress. - (1) If during the period of distress, any person, referred to in this Act as transferor, has transferred any land by sale for any consideration the amount or value of which does not exceed five hundred and fifty rupees, and if-
(a) the transferor applies in the prescribed manner to the Collector at any time before the expiry of [the 14th day of February, 1955,] 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 transferor and directing such transferor in the 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-eighth per centum per annum from the date 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 Baisakh 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 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:
Provided that where such land has been sold, before or after such order is made, in execution of a decree or of a certificate under the Bengal Public Demands Recovery Act, 1913, against the transferee, the whole of the amount payable under the said order, or such part of it as may then remain due, shall, notwithstanding anything contained in such order, become due and payable at once and on such payment being made, such sale in execution of the decree or the certificate shall be set aside and the amount paid shall be applied towards satisfaction of the decree or the certificate, as the case may be;
(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 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 subsection (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 (c), clause (6) or clause (c) of this sub-section, as the case may be.
(3) The amount ordered to be paid by instalments under sub-section (1) shall be a charge on the land in respect of which the order under that sub-section has been made.
(4) Where any land in respect of which an order under sub-section (1) is made is, after the date on which such order takes effect under subsection (1) of section 5, sold in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913, against the transferor to whom restoration has been made, or otherwise alienated by him, the whole of the amount payable under such order then remaining due shall, notwithstanding anything contained in such order, at once become due and payable, and the person to whom such amount is payable shall be entitled to recover it under section 6.