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18/07/2024
Laws of Bangladesh

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

( ACT NO. XXVIII OF 1951 )

Chapter VIII

PAYMENT OF COMPENSATION

Money or bonds deposited in respect of estates, tenures, holdings or lands belonging to persons incompetent to alienate
59. (1) If the amount of any compensation paid in bonds or in cash is deposited with the Collector of the district under sub-section (3) of section 58 and it appears to the Collector that the estate, tenure or holding or part thereof or any land in respect of which such amount has been awarded as compensation was held by any person who had no power to alienate the same, the Collector shall, where the amount is deposited in cash, order such amount to be invested in the purchase of such Government or other approved securities as the Collector thinks fit and shall direct the payment of the interest of such bonds or interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the interest in such estate, tenure, holding or part thereof or other land, as the case may be, if such interest had not vested in the Government under section 3 or section 44, and such bonds or securities shall remain so deposited until-
 
 
 
 
(a) they are made over to any person or persons becoming absolutely entitled thereto; or
 
 
 
 
(b) they are mature.
 
 
 
 
(2) If, when such bonds or securities are mature, there is no person or persons absolutely entitled thereto, the Collector shall direct the investment of the proceeds of such bonds or securities in the purchase of such Government or other approved securities as the Collector thinks fit; and the provisions of sub-section (1) shall apply to such investment and to the interest and other proceeds arising from such investment as they apply to the investment made under sub-section (1) of the amount of compensation deposited in cash with the Collector under sub-section (3) of section 58 and the interest and other proceeds arising out of such investment.
 
 
(3) In all cases of moneys, bonds and other securities deposited to which this section applies, the Collector of the district shall order the costs of the following matters including therein all reasonable charges and expenses incidental thereto, to be paid by the Government, namely:-
 
 
 
 
(a) the cost of such investments as aforesaid;
 
 
 
 
(b) the cost of the orders for the payment of the interest or other proceeds of securities upon which such moneys are for the time being invested or of such bonds or other securities, and of all proceedings relating thereto except such as may be occasioned by litigation between adverse claimants.
 
 
 
 
(4) When any annuity is paid as compensation under sub-section (4) of section 58 to the Commissioner of Wakfs, the Commissioner of Wakfs shall pay the same to the Mutawalli or other person or persons who would for the time being have been entitled to the possession of the wakf property in respect of which such compensation has been awarded; and when any amount is paid as compensation under the said sub-section to a trustee appointed in this behalf by the Government, such trustee shall pay the same to the sebait or other person or persons who would for the time being have been entitled to the possession of the trust property in respect of which such Compensation has been awarded; and all costs for the payment of every such annuity under this sub-section shall be paid by the Government:
 
 
 
 
Provided that the Commissioner of Wakfs or the Trustee may withhold the payment of the whole or any portion of such annuity until he is satisfied that amount of annuity paid in the preceding year under sub-section (4) of this section has been spent for the purpose for which such amount was paid.

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Ministry of Law, Justice and Parliamentary Affairs