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The Alluvial Lands Act, 1920

( ACT NO. V Of 1920 )

Reference to Civil Courts
5.(1) When the survey and map referred to in section 4, sub-section (1), have been completed the Collector shall as soon as possible pass an order making a reference to the principal Civil Court of original jurisdiction in the district for a decision as to what person has a title to the and, and shall include in the order the list of claimants referred to in section 4A and shall state-
 
 
(a) whether any land claimed by any such claimant has been identified as being included in the land which is the subject of the reference,
 
 
(b) the costs incurred under section 3, section 4, sub-section (1), section 4A, sub-section (1), and the cost of preparation of the reference made under this sub-section,
 
 
(c) the value of the land, and
 
 
(d) the names of any persons who have filed statements of claim under section 4A and whose names are not included in the list of claimants.
 
 
In the case of any land referred to in section 3, sub-section (1a), the reference shall be made to the principal Civil Court of original jurisdiction in the district in which, in the opinion of the Collector, the major portion of the attached land is situated.
 
 
1[(1a) In making such reference the Collector shall advance the court-fees payable under the Court-fees Act, 1870, on a plaint in a suit for determination of title to land and such process-fees as may be required for service of notices on the parties to the reference. The Collector may make such advance from the balance of the receipts at credit in his accounts of the attached land, or, if this is not practicable, may at any time recover such advance or any part thereof from such balance.]
 
 
(2) On receipt of a reference made under sub-section (1), the principal Civil Court of the district may either proceed to determine the matter or may transfer the matter for determination to any other Civil Court subordinate to such Court competent to try or dispose of a suit for the determination of title to the land.
 
 
The said Court shall issue notices to all the persons mentioned in the list of claimants referred to in section 4A to appear and file statements of their respective claims. No other person shall be made a party to the reference unless the said Court is satisfied that for some reason not due to wilful default or negligence on the part of such person he was unable to file a statement of claim referred to in section 4A, sub-section (1), in due time or that the Collector has without sufficient reason held that such person's claim was not bona fide. A person pleading ignorance of the issue of the notice under that sub-section shall not be made a party to the reference unless he proves to the satisfaction of the said Court that he had no knowledge that the land had been attached. The said Court shall also determine which of the claimants has the right to begin at the hearing of the reference.
 
 
(3) Save as otherwise provided in this Act, a reference made under sub-section (1), shall be deemed to be a suit for all the purposes of the Code of Civil Procedure, 1908, and every decision by a Civil Court under sub-section (2), shall be deemed to be a decree within the meaning of that Code and appealable as such.
 
 
(4) The said Court shall decide to whom and in what proportions the net receipts, if any, from the land during attachment shall be paid. The net receipts shall be calculated by deducting from the gross receipts the costs incurred under section 3, section 4, sub-section (1), section 4A, sub-section (1), and the costs incurred by the Collector in the proceedings under this section including the cost of preparation of the reference made under sub-section (1).
 
 
(5) The said Court shall also decide by whom and in what proportions the costs incurred under section 3, section 4, sub-section (1), section 4A, sub-section (1), and the costs incurred by the Collector and by the other parties in the proceedings under this section including the cost of preparation of the reference made under sub-section (1), are payable.
 
 
(6) If the costs referred to in sub-section (4) exceed the gross receipts the Court shall decide by whom and in what proportions the amount of such excess shall be payable, and such amount shall be recoverable by the Collector, in accordance with the decision of the Court, from the persons liable, as arrears of a public demand.
 
 
(7) The person entitled to the net receipts may apply to the Court for the recovery from the persons liable of any amount deducted from the gross receipts in excess of the amount, so deducted, for which he is himself liable. If Government are entitle to the net receipts or to any part thereof the Collector may recover as arrears of a public demand any amount due to Government or may apply to the Court for the recovery of the same.
 
 
(8) A reference made under sub-section (1) shall not be dismissed for default but the said Court shall decide the same after taking the evidence of such of the claimants mentioned by the Collector in the order of reference or added by the Court under section 5, sub-section (2), as it may think necessary.

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    Sub-section (1a) was inserted by the Bengal Alluvial Lands (Amendment) Act, 1934 (Act No. V of 1935)
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