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The State Acquisition and Tenancy Act, 1950 (East Bengal Act)

( ACT NO. XXVIII OF 1951 )

Chapter VIII


Manner of payment of compensation
58. (1) When the time within which appeals under section 51 or under section 53 may be made in respect of any entry in or omission from a Compensation Assessment-roll has expired and, where any such appeal has been made under section 51, the time within which a reference may be made to the High Court under section 52 with regard to any order made by the Special Judge in relation to such appeal has also expired and all references made under section 52 in relation to all such appeals have been disposed of and all orders under sub-section (4) of that section arising out of such references have been passed and, where any appeal has been made under section 53, such appeal has been disposed of, the Revenue-officer shall proceed to make payment to the proprietors, tenure-holders and other rent-receivers, and to any groups of proprietors, tenure-holders or other rent-receivers and to the cultivating raiyats, cultivating under-raiyats and other persons, who are shown in such Compensation Assessment-roll as finally modified under section 54 to be entitled to compensation, of the compensation payable to them in the terms of the said roll after deducting from the amount of any compensation so payable any amount which has been ordered by the Collector to be so deducted under clause (b), (c), (d) or (dd) of sub-section (4) of section 3 or clause (5), (6), (6a) or (7) of section 44 and also any amount to be deducted from such compensation under clause (8) of section 44 or clause (2) of section 46E or section 76B and any amount recoverable from such compensation under Chapter X:
Provided that if a rent-receiver applied for scaling down his debts under Chapter X of this Act, only half of the total amount of compensation payable to him under a Compensation Assessment-roll, less any amount to be deducted under clause (b), (c), (d) or (dd) of sub-section (4) of section 3 or clause (5), (6), (6a), (7) or (8) of section 44 or clause (2) of section 46E or section 76B, shall be paid to him and the payment of the other half shall be withheld until such application is disposed of and all debts recoverable from compensation money under that Chapter are recovered in accordance with the provisions of sub-section (7) of section 71:
Provided further that no compensation payable to any person under a Compensation Assessment-roll for any land with building shall be paid till the Government takes khas possession of such land and building.
(2) The amount of compensation so payable shall be paid in cash or in bonds or partly in cash and partly in bonds. The bonds shall be non-negotiable and payable in not more than forty annual instalments to the person named therein or his successor-in-interest and shall carry interest at three per centum per annum with effect from the date of issue.
(3) If any person, entitled to receive such compensation in respect of any estate, tenure or holding or part thereof or any land, had no power to alienate such estate, tenure, holding, part or land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Revenue-officer shall keep the amount of compensation, or the bonds in which it is to be paid, in deposit with the Collector of the district:
Provided that nothing herein contained shall effect the liability of any person who may receive the whole or any part of any compensation awarded under this Act to pay the same to the person lawfully entitled thereto.
(4) Notwithstanding anything contained in sub-sections (2) and (3), an annuity referred to in clause (3) of section 37 or sub-section (1a) of section 39 shall be paid to the Commissioner of Wakfs in the case of a wakf or wakf-al-al-aulad and to a trustee to be appointed in this behalf by the Government in any other case.
(5) If any compensation is paid to a person in excess of the amount admissible to him under sub-section (1) or if a person receives any compensation to which he is not legally entitled, the Collector may require such person to refund the amount within a period fixed. On the failure of such person to do so, the amount shall be treated as a “public demand” and shall be recovered from such person as a public demand under Article 4(i) of Schedule I of the Bengal Public Demands Recovery Act, 1913:
Provided that nothing herein contained shall affect the criminal liability of the person concerned.

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Ministry of Law, Justice and Parliamentary Affairs