Consequences of vesting in the State

Consequences of vesting in the State.–

1. (1) All Bettiah Raj properties vested in the State under this Act shall be free from all encumbrances and shall be exempt from attachment, seizure or sale in execution of decree of a Civil Court or orders of any other authority and any proceeding or suit pending before any Court of law on the date of commencement of this Act shall stand abated.
2. (2) Bettiah Raj Properties or tenure, including the interests of the proprietor, whatsoever, in such properties or tenure including premises used primarily as office for the collection of rent of such Properties or tenure, and his interests in trees, forests, fisheries, jalkars, hats, bazars, melas, and ferries and all other sairati interests, as also his interests in sub-soil, lands held in khas possession (excluding the interests of raiyats or under-raiyats) and homestead shall, with effect from the date of vesting, vest absolutely in the State, free from all encumbrances;
3. (3) All salami, rents, cess, royalties and revenues in respect of lands comprised in Bettiah Properties or tenure on or after the date of vesting shall be payable to the State and any payment made otherwise shall not be binding on the State;
4. (4) All arrears or revenue and cesses remaining lawfully due in respect of the Bettiah Properties or tenure on the date of vesting and all other amounts recoverable from the lessees, transferees, settlees, occupants of the Bettiah Properties, shall be recoverable by the State Government;
5. (5) All amounts collected or recovered from the lessees, transferees, settlees, occupants of the Bettiah Properties, shall be recoverable by the State Government;
6. (6) No suit shall lie in any Civil Court for the recovery of any amount due from such lessees, transferees, settlees, occupants of the Bettiah Raj Properties, the payment of which is secured by a mortgage of or is a charge on the Bettiah Raj Properties or tenure, and all suits and proceedings for the recovery of any such money, which may be pending on the date of vesting, shall stand abated;
7. (7) No portion of the Bettiah Raj Properties or tenure shall be liable to attachment or sale under processes of any Court and any order of attachment passed in respect of such Properties or tenure before the date of vesting shall cease to be in force;
8. (8) The Collector shall be deemed to have taken charge of Bettiah Raj Properties or tenure, including any institution, religious or secular, of any trust or building, along with all its interests; Provided further that the Collector may take direct possession of any property after serving an order in writing to the occupant requiring him to deliver possession or show cause within a time specified in the aforesaid order. If such person fails to deliver possession or show cause or if the cause is rejected by the Collector, after giving to such person an opportunity of being heard, the Collector, for reasons to be recorded in writing, take or cause to be taken, such steps, or use or cause to be used such force as deemed necessary, for taking delivery of possession of the property concerned.