Section 4 – Consequences of the vesting of an estate or tenure in the State
Notwithstanding anything contained in any other law for the time being in force or any contract and notwithstanding any non- compliance or irregular compliance of the provisions of sections 3, 3A and 3B except the provisions of sub-section (1) of section 3 and sub-section (1) of section 3A , on the publication of the notification under sub-section (1) , of section 3 or sub-section (1) or sub-section (2) of section 3A, the following consequences shall ensue and shall be deemed always to have ensued, namely:
(a) Such estate or tenure including the interests of the proprietor or tenure-holder in any building or part of a building comprised in such estate or tenure and used primarily as office or cutchery for the collection of rent of such estate or tenure, and his interests in trees, forests, fisheries, jalkars, hats, bazars,3[mela] and ferries and all other sairati interests , as also his interest in all subsoil including any rights in mines and minerals whether discovered or undiscovered, or whether been worked or not, inclusive of such rights of a lessee of mines and minerals, comprised in such estate or tenure (other than the interests of raiyats or under – raiyats) shall, with effect from the date of vesting, vest absolutely in the State free from all incumbrances and such proprietor or tenure- holder shall cease to have any interest in such estate or other than the interests expresslly saved by or under the provisions of this Act.
(b) All rents, cesses and royalties accruing in respect of lands comprised in such estate or tenure on or after the date of vesting shall be payable to the State and not to the outgoing proprietor or tenure-holder and any payment made in contravention of this clause shall not be binding on the State Government.
Explanation—The expression “rent, cess and royalty” in relation to the year in which an estate or tenure vests in the State, shall mean the amount of rent, cess or royalty accruing in respect of lands comprised in such estate or tenure for the period commencing from the date of vesting which amount shall bear the same proportion to the total rent, cess or royalty, as the case may be, accruing in respect of such lands for the whole year as such period bears to the whole year.
(c) All arrears of revenue and cesses remaining lawfully due in respect of the estate or tenure on the date of vesting and all other amounts recoverable by the State Government from the outgoing intermediary under any law for the time being in force, shall continue to be recoverable from him and shall, without prejudice to any other mode of recovery, be recoverable, when so ordered by the Collector, by the deduction thereof from the amount payable to such intermediary under section 32, section 32A.or section 33.
Explanation.—The expression ‘arrears of revenue and cesses in relation to an estate or tenure vested in the State shall mean the amount of land revenue and the amount of cess in respect of such estate or tenure for any period prior to the date of vesting, which amount shall bear the same proportion to the total amount of the land revenue or, as the case may be, to the total amount of cess, of such estate or tenure payable for the whole year as the period prior to the date of vesting bears to the whole year.
(cc) in case any out going intermediary have recovered any amount from the tenant of an estate or a tenure payable by such tenant as rent for any period after the date of the vesting of such estate or tenure, such amount shall without any prejudice to any other mode of recovery be recoverable from the amount of compensation payable to him under section 32, section 32A or section 33.
[Provided that an appeal against an order passed under this clause, if preferred within sixty days of the date of such order, shall lie to the prescribed authority not below the rank of the Collector of district who shall dispose of the same according to the prescribed procedure.]
(d) No suit shall lie in any Civil Court for the recovery of any money due from such proprietor or tenure-holder the payment of which is secured by a mortgage of, or is a charge on, such estate or tenure and all suits and proceedings for the recovery of any such money which may be pending on the date of vesting shall be dropped.
(e) No such estate or tenure shall be liable to attachment or sale under the processes of any Court and any order of attachment passed in respect of such estate or tenure before the date of vesting shall cease to be in force.
(ee) In every suit, appeal or proceeding, in respect of any estate or tenure which has vested under section 3 or section 3A pending on the date of the commencement of the Bihar Land Reforms (Amendment) Act, 1953, the Court in which the suit, appeal or proceeding is pending shall cause a notice thereof to be served on the State Government who may within three months of the service of the notice apply to the Court to be added, and shall thereupon be added, as a party there to and shall be entitled to conduct or defend such suit or proceeding, as the case may be, and in the absence of service of such notice, the decree or order’ passed in such suit, appeal or proceeding shall not be binding on the State Government.
(f) The Collector shall 4[be deemed to have taken charge] of such estate or tenure and of all interests vested in the State under this section:
Provided that nothing contained in this clause or in any other provision of this Act shall be deemed to authorise the Collector to take charge of any institution, religious or secular, of any trust or any building connected therewith or to interfere with the right of a trustee to apply the trust money to the objects of the trust.
(g) Where by reason of the vesting of any estate or tenure or any part thereof in the State under the provision of this Act, the Collector is of opinion that the State is entitled to the direct possession of any property he shall, by an order in writing served in the prescribed manner on the person in possession of such property, require him to deliver possession thereof to the State or show cause, if any, against the order within a time to be specified therein and if such person fails to deliver possession or show cause or if the Collector rejects any cause, shown by such person after giving him a reasonable opportunity of being heard, the Collector shall for reasons to be recorded, take or cause to be taken such steps or use or cause to be used such force as, in his opinion may be necessary for securing compliance with the order or preventing a breach of the peace:
Provided that if the order under clause (g) is passed by an officer below the rank of the Collector of a district, an appeal shall if preferred within sixty days of the order, lie to the Collector of the district and the Collector shall dispose of the appeal in accordance with the prescribed procedure.
(h) The Collector shall have power to make inquiries in respect of any transfer including the settlement or lease of any land comprised in such estate or tenure or the transfer of any kind of interest in any building used primarily as office or cutchery for the collection of rent of such estate or tenure or part thereof, and if he is satisfied that such transfer was made 4[at any time after the first day of Janjuary, 1946, with the object of defeating any provisions of this Act or causing loss to the State or obtaining higher compensation there under the Collector may, after giving reasonable notice to the parties concerned to appear and be heard annul such transfer, dispossess the person claming under it and take possession of such properly on such terms as may appear to the Collector to be fair and equitable
Provided that an appeal against an order of the Collector under this clause if preferred within sixty days of such order, shall lie to the prescribed authority not below the rank of the Collector of a district who shall dispose of the same according to the prescribed procedure:
Provided further that no order annulling a transfer shall take effect nor shall possession be taken in pursuance of it unless such an order has been confirmed by the State Government.
(hh) the Collector shall have power to make inquiries into all cases of reduction or partial or entire remission of rents of agricultural holdings comprised in such estate or tenure made by the outgoing intermediary either for a specified period or in perpetuity and may, after giving reasonable notice to the parties concerned to appear and be heard, if he is satisfied that such reduction or remission was made after the first day of January, 1946, with the object of defeating the purpose of the Act or causing loss to the State, canceal all such reduction or remission and order the restoration of the rents of such holdings or class of such holding which were payable in respect of the said holdings immediately before the first day of January, 1946:
Provided that an appeal against an order of the Collector under this clause, if preferred within sixty days of such order, shall lie to the prescribed authority not below the rank of the Collector of a district who shall dispose of the same according to the prescribed procedure.
(i) After serving a notice in writing on the proprietor or tenure holder for the production of such documents, registers and papers as are in his opinion necessary for the management of such estate or tenure, and if such notice is not complied with within forty-eight hours or such further time as the Collector may allow it shall be lawful for the Collector or any officer, not below the rank of a Sub-Deputy Collector, authorised by him in writing in this behalf, to enter upon any land or building with such assistance as he considers necessary and seize and take possession of such documents, registers and papers as are in his opinion necessary for the management of such estate or tenure:
Provided that no action under this clause shall be taken unless a requisition under section 40 has not been complied with within the time fixed in the said requisition.
