[West
Bengal Act 10 of 1956][2] [30th
March, 1956] An Act to reform the law
relating to land tenure consequent on the vesting of all estates and of certain
rights therein [3][and
also to consolidate the law relating to land reforms] in the State. It is hereby enacted in the
Sixth Year of the Republic of India, by the Legislature of West Bengal, as
follows. Chapter
I PRELIMINARY (1) This Act may be called
the West Bengal Land Reforms Act, 1956. (2) It extends to the whole of
West Bengal [4][except
the area described in Schedule I of the Calcutta Municipal Corporation Act,
1980 (West Ben. Act 59 of 1980), but not excepting the area included in the
said Schedule, which, immediately before the coming into force of the Calcutta
Municipal Corporation (Amendment) Act, 1983 (West Ben. Act 32 of 1983.), was
comprised in the municipality of Jadavpur, South Suburban or Garden Reach:] [5]Provided that the State
Government may, from time to time by notification in the Official Gazette,
extend and bring into force the provisions of this Act, in whole or in part, to
such part or parts of the area described in Schedule I to the Calcutta
Municipal Act, 1951 (West Ben. Act 33 of 1951.), with effect from such date or
dales as may be specified in the notification. (3) This section shall come
into force at once and the remaining provisions of this Act, in whole or in
pan, shall come into [6]force
on such date or dales and in such district or part of a district as the State
Government may from time to time by notification in the Official
Gazette specify. It is hereby declared that
this Act is for giving effect to the policy of the State towards securing the
principles specified in clauses (b) and (c) of Article 39 of the Constitution
of India. In this Act, unless there
is anything repugnant in the subject or Definitions, context, (1) “agricultural year” means
the Bengali year commencing on the first day of Baisakh; (2) “bargadar” means a person
who under the system generally known as adhi,
barga or bhag cultivates the land of another person on condition
of delivering a share of the produce of such land to that person [8][and
includes a person who under the system generally known as kisani [9](or
by any other description) cultivates the land of another person on condition of
receiving a share of the produce of such land from that person;] [10]Explanation. A bargadar shall
continue to be a bargadar until cultivation by him is lawfully
terminated under this Act; (3) “certificate” means a
certificate signed under the Bengal Public Demands Recovery Act, 1913 (Ben. Act
3 of 1913); (4) “Collector” means the
Collector of a district or any other officer appointed by the State Government
to discharge any of the functions of a Collector under this Act; (5) “consolidation” includes
re-arrangement of parcels of land comprised in a holding or in different
holdings for the purpose of rendering such holding or holdings more compact; (6) “holding” means the land or
lands held by a raiyat and treated as a unit for assessment of
revenue; [11](6A) “incumbrance” means
any lien, easement or other right or interest created by a raiyat on
his holding or in limitation of his own interest therein, but does not include
the right of the bargadar to cultivate the land of the holding; (7) [12]“land” means land of every
description and includes lank, tank-fishery, fishery, homeslead, or land used
for the purpose of live-stock breeding, poultry farming, dairy or land
comprised in tea garden, mill, factory, workshop, orchard, hat, buzar,
ferries, tolls or land having any other sairati interests, and any
other land together with all interests, and benefits arising out of land and
things attached to the earth or permanently fastened to anything attached to
earth; Explanation. “Homestead”
shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953
(West Ben. Act 1 of 1954.). (8) “Personal cultivation”
means cultivation by a person of his own land on his own account. (a) by his own labour, or (b) by the labour of any member
of his family, or (c) by servants or labourers on
wages payable in cash or in kind [13][(not
being as a share of the produce)] or both: [14]Provided that such person
or member of his family resides for the greater part of the year in the
locality where the land is situated and the principal source of his income
is [15][produce
of] such land. [16]Explanation. The term
“family” shall have the same meaning as in clause (c) of Section 14-K. (9) “prescribed” means
prescribed by rules made by the State Government under this Act; [17](9A) “prescribed authority”
means an authority appointed by the State Government, by notification in
the Official Gazette, for all or any of the purposes of this Act; (10) [18] “raiyat” means a person or
an institution holding land for any purposes whatsoever; (11) “revenue” means whatever is
lawfully payble or deliverable in money or kind or both by
a raiyat under the provisions of this Act in respect of the land held
by him; (12) “Revenue Officer” means any
officer whom the State Government may [19]appoint
by name or by virtue of his office to discharge any of the functions of a
Revenue Officer in any area; (13) [20]“Scheduled Tribe” shall
have the same meaning as in clause (25) of Article 366 of the Constitution of
India. The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith in any other
law for the time being in force or in any custom or usage or contract, express
or implied, or agreement or decree or order or decision or award or a court,
tribunal or other authority. (1) The rights and interests of
all non-agricultural tenants and under-tenants under the West Bengal
Non-Agricultural Tenancy Act, 1949 shall vest in the State free from all
encumbrances, and the provisions of Sections 5 and 5-A of the West Bengal
Estates Acquisition Act, 1953 shall apply, with such modifications as may be
necessary, mutatis mutandis to all such non-agricultural tenants and
under-tenants as if such non-agricultural tenants and under-tenants were
intermediaries and the land held by them were estates and a person holding
under a non-agricultural tenant or under-tenant were a raiyat. Explanation. Nothing in
Sections 5 and 5-A of the West Bengal Estates Acquisition Act, 1953 shall be
construed to affect in any way the vesting of the rights and interests of a
non-agricultural tenant or under-tenant under the West Bengal Non-Agricultural
Tenancy Act, 1949 in the State under sub-section (1) of this section. (2) Notwithstanding anything
contained in sub-section (1), a non-agricultural tenant or under-tenant under
the West Bengal Non-Agricultural Tenancy Act, 1949 (West Ben. Act 20 of 1949.),
holding in his khas possession any land to which the provisions of
sub-section (1) apply, shall, subject to the other provisions of this Act, be
entitled to retain as a raiyat the said land which together with
other lands, if any, held by him shall not exceed the ceiling area under
Section 14-M. (3) Every intermediary, (a) whose land held in
his khas possession has vested in the State under sub-section (1), or (b) whose estates or interests,
other than land held in his khas possession, have vested in the State
under sub-section (1), shall be entitled to receive an amount to be determined
in accordance with the provisions of Section 14-V. (4) The pro visions of this
section shall not apply to any land to which the provisions of the Calcutta Thika Tenancy
(Acquisition and Regulation) Act, 1981 (West Ben. Act 37 of 1981.), apply. (5) This section shall be
deemed to have come into force on and from the 9th day of September, 1980. Chapter
II RAIYATS (1) Subject to the other
provisions of this Act, a raiyat shall on and after the commencement
of this Act be the owner of his holding and the holding shall be heritable and
transferable, (2) Nothing in sub-section (I)
shall entitle a raiyat to subsoil rights. [23](2A)
No raiyat shall. (a) quarry sand, or permit any
person to quarry sand, from his holding, or (b) dig or use, or permit any
person to dig or use, earth or clay of his holding for the manufacture of
bricks or tiles. for any purpose, other than
his own use, except with the previous permission in writing of the State
Government and in accordance with such terms and conditions and on payment of
such fees as may be prescribed [24](2B) If
any raiyat commits a breach of the provisions of sub-section (2A),
the prescribed authority may, after giving in the prescribed manner an
opportunity to the raiyat to show cause against the action proposed
to be taken, impose upon him [25][a
fine not exceeding two thousand rupees, and where the breach is a continuing one,
a further fine not exceeding two hundred rupees for each day] during which the
breach continues. Such fine, if not duly paid, shall be recoverable as a public
demand. [26](2C) An appeal shall lie
from any order made under sub-section (2A) in accordance with the provisions of
Sections 54 and 55. (3) [27][* * *] (4) Notwithstanding anything in
sub-section (1), the holding of a raiyat, excluding his homestead, [28][shall
vest in the State free from all incumbrances under an order of the prescribed
authority made in the prescribed manner] after such enquiry as it thinks fit
and a after giving the raiyat an opportunity to show cause against
the action proposed to be taken if. (a) he has without any
reasonable cause used the land comprised in the holding or a substantial part thereof
for any purpose other than [29][that
for which it was held by him or settled by the State or directly incidental
thereto; (b) he has without any
reasonable cause ceased to keep the land or any substantial part thereof under
personal cultivation [30][or
has failed to utilise the land consistently with the original purpose of the
tenancy or for any purpose directly incidental thereto] for a period of three
consecutive years or more except when such land is under a usufructuary
mortgage mentioned in Section 7; (c) he has without any
reasonable cause failed to bring the land comprised in the holding or any
substantial part thereof under personal cultivation [31][or
has Tailed to utilise the land consistently with the original purpose of the
tenancy or for any purpose directly incidental thereto] within three
consecutive years of the date on which this Act comes into force or of the date
on which he came into possession of such land, whichever is later; (d) he has let out the whole or
any part of the holding: Provided that nothing in
this sub-section shall prevent the raiyat from cultivating any part
of his holding by a bargadar. (5) [32]On the holding of
a raiyat being vested in the State under sub-section (4), his
ownership therein shall cease and the rights of the lessee, if any, shall
terminate and the raiyat shall be entitled to receive an amount to be
determined under Section 14-V (1) In the Sadar sub-division,
Kalimpong sub-division and Kurscong sub-division of the district of Darjeeling,
the Deputy Commissioner of the district may, from time to time, give directions
regarding the form of cultivation to be adopted by a raiyat in
respect of his holding or prohibiting a raiyat from cutting more than
one tree from his holding except with the previous permission in writing of the
Deputy Commissioner or such other officer as may be authorised by the State
Government in this behalf. (2) For contravention of any of
the directions given under sub-section (1), the Deputy Commissioner may, after
giving the defaulting raiyat an opportunity to show cause against the
action proposed to be taken, impose upon him, by order, a fine not exceeding
one hundred rupees which, if not duly paid, shall be recoverable as a public
demand. (3) An appeal, if presented
within thirty days from the date of the order appealed against, shall lie to
the Commissioner against any order passed by the Deputy Commissioner under
sub-section (2) and the decision of the Commissioner shall be final. Every raiyat holding
any land shall maintain and preserve such land in such manner that its area is
not diminished or its character is not changed or the land is not converted for
any purpose other than the purpose for which it was settled or previously held
except with the previous order in writing of the Collector under Section 4-C: Provided that
any raiyat may plant and grow trees on any land held by him within
the ceiling area applicable to him and to his family without any previous order
under Section 4-C, if such land is not cultivated by bargadar: [35]Provided further that
without prejudice to the provisions of Chapter IIB of the Act the provisions of
this section shall not apply to the diminution in area or the change of
character of any land or the conversion of any land for any purpose other than
the purpose for which it was settled or previously held, if such diminution or
change of character or conversion was made in accordance with the provisions of
any law for the time being in force. (1) A raiyat holding
any land may apply to the Collector for change of area or character of such land
or for conversion of the same for any purpose other than the purpose for which
it was settled or was being previously used or for alteration in the mode of
use of such land. (2) On receipt of such
application, the Collector may, after making such inquiry as may be prescribed
and after giving the applicant or the persons interested in such land or
affected in any way an opportunity of being heard, by order in writing either
reject the application or direct such change, conversion or alteration, as the
case may be, on such terms and conditions as may be prescribed. (3) Every order under
sub-section (2) directing change, conversion or alteration shall specify the
date from which such change, conversion or alteration shall take effect. (4) A copy of the order passed
by the Collector directing change, conversion or alteration, if any, under
sub-section (2), or in an appeal therefrom shall he forwarded to the Revenue
Officer referred to in Section 50 or Section 51, as the case may be, and such
Revenue Officer shall incorporate in the record-of-rights changes effected by
such order and revise the record-of-rights in accordance with such order. (5) If the Collector is
satisfied that any land is being convened for any purpose other than the
purpose for which it was settled or was being previously held, or attempts are
being made to effect alteration in the mode of use of such land or change of
the area or character of such land, he may, by order, restrain
the raiyat from such Act. (1) Any change, conversion or
alteration in the area, character or mode of use of any land, except in
accordance with the provisions of Section 4-C, or any violation of the order of
the Collector under sub-section (5) of Section 4-C, shall been offence
punishable with imprisonment which may extend to three years or with fine which
may extend to one thousand rupees or with both: Provided that no
prosecution shall lie for an offence under this sub-section in a case where an
action has already been taken by the prescribed authority under sub-section (4)
of Section 4: [38]Provided further that no
prosecution shall lie for any diminution in area or change of character of any
land or any conversion in the use of any land if such diminution or change of
character or conversion was made in accordance with the provisions of any law
for the time being in force: (2) No court shall Lake
cognizance of any offence punishable under sub-section (1) except on a
complaint in writing made by the Collector or by an officer authorised by him
in that behalf. No transfer (including
soles in execution of a decree of a civil cowl or for recovery of arrears of
land revenue) of any land or interest in such land within an urban
agglomeration as defined in the Urban Land (Ceiling and Regulation) Act, 1976
(33 of 1976.), or within any part of such urban agglomeration, as may be
specified by the State Government by notification in the Official
Gazette and used mainly for agriculture or as an orchard, without any
order in writing of the Collector shall be valid and no registering authority
shall, notwithstanding the provisions of the Registration Act, 1908 (Act 16 of
1908), register a document of such transfer unless order of the Collector in
writing permitting such transfer is produced: Provided that an
application made to the Collector for permission for any such transfer made of
one's own motion or for registration of a transfer in execution of a decree of
a civil court shall he disposed of by the Collector within sixty days of the
filing of the application failing which it shall be within the rights of the
registering authority to register the document of the transfer. (1) A transfer of the holding
of a raiyat or a share or portion thereof shall be made by an
instrument which must be registered and the registering officer shall not
accept for registration any such instrument unless. (a) the sale price, or where
there is no sale price, the value of the holding or portion or share thereof
transferred, is stated therein; [40][*
* *] (b) there is tendered along
with it, (i) a notice giving the
particulars of the transfer in the prescribed form for transmission to the
prescribed authority; (ii) such notices and process
fees as may be required by sub-section (4); (c) [41]the purpose for which the
land shall be used by the transferee is stated therein; and (d) [42]such purpose for use of the
land by the transferee is consistent with the purpose for which the land was
settled or was being used and is not contrary to the provisions of Section 4-B,
Section 4-C, Section 4-E or Section 49. Explanation. The purposes
under clauses (c) and (d) shall include agriculture, horticulture, animal
husbandry, trade, manufacture, entertainment, recreation, sport and such other
purposes. (2) In case of bequest of such
holding or portion or share thereof, no court shall grant Probale or Letters of
Administration until the applicant files in the prescribed form a notice giving
particulars of the bequest together with the prescribed process fee for
transmission to the prescribed authority. (3) No court or Revenue Officer
shall confirm the sale of such a holding or portion or share thereof put to
sale in execution of a decree or certificate and no court shall make a decree
or order absolute for foreclosure of a mortgage of such a holding or portion or
share thereof, until the purchaser or the mortgagee, as the case may be, files
a notice or notices similar to, and deposits process Tees of the same amount as
that referred to in sub-section (1). (4) If the transfer of a
portion or share of such a holding be one to which the provisions of Section 8
apply, there shall be filed by the transferor or transferee notices giving
particulars of the transfer in the proscribed form together with the process
fees prescribed for the service thereof on all the co-sharers of the said
holding who are not parties to the transfer and for affixing a copy thereof in
the office of the registering officer or the court house or the office of the
Revenue Officer, as the case may be, as well as for affixing a copy on the
holding. (5) The court, the Revenue
Officer or the registering officer, as the case may be, shall transmit the
notice to the authority referred to in subclause (i) of clause (b) of
sub-section (J) who shall serve the notices on the co-sharers referred to in
sub-section (4) by registered post and shall cause copies of the notice to be
affixed on the holding and in the court house or in the office of the Revenue
Officcr, or of the registering officer, as the case may be. Explanation. In this
section. (a) “transferor”, [43][“transferee”,]
“purchaser” and “mortgagee” include their successors-in-interest, and (b) “transfer” does not
include [44][simple
or usufructuary mortgage or mortgage by deposit of title deeds]. [45][* * *] (1) A mortgage by
a raiyat of his holding or any share thereof other than. (a) a simple mortgage, or (b) a usufructuary mortgage for
a period not exceeding fifteen years, [46][or] (c) [47]a mortgage by deposit of
title deeds in favour of. (i) a scheduled bank as defined
in the Reserve Bank of India Act, 1934(2 of 1934.), or (ii) a co-operative land
mortgage bank registered or deemed to be registered under any law for the time
being in force, or (iii) a public financial
institution referred to in Section 4-A of the Companies Act, 1956 (1 of 1956.),
or (iv) a corporation owned or
controlled by the Central Government or the State Government or by both the
Central Government and the State Government, or (v) the International Finance
Corporation established under the Agreement as defined in clause (a) of Section
2 of the International Finance Corporation (Status, Immunities and Privileges)
Act, 1958 (42 of 1958.), or (vi) such other financial
institution, by whatever name called, established or registered under any law
for the time being in force, as the State Government or the Central Government
may, by notification in the Official Gazette, specify, for the purpose of
obtaining loan or financial assistance [including debenture as defined in
clause (12) of Section 2 of the Companies Act, 1956] for the development of the
land comprised in the holding of such raiyat or for the improvement
of any agricultural production (including horticulture or fishery) or for the
development or improvement of any plantation or for the establishment or
development of any industry, livestock breeding, dairy, poultry farming,
commercial unit, educational centre, health centre, public recreation centre or
research centre upon such land or for the promotion and holding of sports or
cultural or philanthropical activity upon such land or for the construction of
any housing estate for bona fide residential purpose or any building
for providing accommodation for any office upon such land or for such other
activity as the State Government may, by notification in the Official
Gazette, specify. shall be void (2) A usufructuary mortgage
referred to in clause (b) of sub-section (1) may be redeemed at any time before
the expiry of the period. (1) If a portion or share of a
holding of a raiyat is transferred to any person other than a
co-sharer in the holding, [48][the bargadar in
the holding may, within three months of the date or such transfer, or] any
co-sharer raiyat of the holding may, within three months of the
service of the notice given under sub-section (5) of Section 5, or
any raiyat possessing land adjoining such holding may, within four
months of the date of such transfer, apply to the [49][Munsif
having territorial jurisdiction], for transfer of the said portion or share of
the holding to him, subject to the limit mentioned in [50][Section
14-M] on deposit of the consideration money together with a further sum of
ten per cent of that amount: [51]Provided that if
the bargadar in the holding, a co-sharcr raiyat and
a raiyat possessing land adjoining such holding apply for such
transfer, the bargadar shall have the prior right to have such
portion or share of the holding transferred to him, and in such a case, the
deposit made by others shall be refunded to them: [52][Provided further that
where the bargadar does not apply for such transfer and] a
co-sharcr raiyat and a raiyat possessing land adjoining
such holding both apply for such transfer, the former shall have the prior
right to have such portion or share of the holding transferred to him, and in
such a case, the deposit made by the latter shall be refunded to him: [53][Provided also] that as
amongst raiyats possessing lands adjoining such holding preference
shall be given to the raiyat having the longest common boundary with
the land transferred. (2) Nothing in this section
shall apply to. (a) a transfer by exchange or
by partition, or, (b) a transfer by bequest or
gift [54][or
heba-bil-cwaz], or, (c) a [55][*
* *] mortgage mentioned in Section 7, or. (d) a transfer for charitable
or religious purposes or both without reservation of any pecuniary
benefit [56][for
any individual, or,] (e) [57]a transfer of land in
favour of a bargadar, in respect of such land if after such transfer, the
transferee holds as a raiyat land not exceeding one acre (or 0.4047
hectare) in area in the aggregate. [58]Explanation. All orders
passed and the consequences thereof under Sections 8, 9 and 10 shall be subject
to the provisions of Chapter IIB. (3) [59]Every application pending
before a Revenue Officer at the commencement of Section 7 of the West Bengal
Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1974.), shall, on such
commencement, stand transferred to, and be disposed of by, the Munsif having
jurisdiction in relation to the area in which the land is situated and on such
transfer every such application shall be dealt with from the stage at which it
was so transferred and shall be disposed of in accordance with the provisions
of this Act, as amended by the West Bengal Land Reforms (Amendment) Act, 1972. (1) On the deposit mentioned in
sub-section (1) of Section 8 being made, the [61][Munsif]
shall give notice of the application to the transferee, and shall also cause a
notice to be affixed on the land for the information of persons interested. On
such notice being served, the transferee or any person interested may appear
within the time specified in the notice and prove the consideration money paid
for the transfer and other sums, if any, properly paid by him in respect of the
lands including any sum paid for annulling encumbrances created prior to the
date of transfer, and rent or revenue, cesses or taxes for any period.
The [62][Munsif]
may after such enquiry as he considers necessary direct the applicant to
deposit such further sum, if any, within the time specified by him and on such
sum being deposited, he shall make an order that the amount of the
consideration money together with such other sums as are proved to have been
paid by the transferee or the person interested plus ten per cent, of the
consideration money be paid to the transferee or the person interested out of
the money in deposit, the remainder, if any, being refunded to the applicant.
The [63][Munsif]
shall then make a further order that the portion or share of the holding be
transferred to the applicant and on such order being made, the portion or share
of the holding shall vest in the applicant. (2) When any person acquires
the right, title and interest of the transferee in such holding by succession
or otherwise, the right, title and interest acquired by him shall be subject to
the right conferred by sub-section (1) of Section 8 on a
co-sharer raiyat or a raiyat possessing land adjoining the
holding. (3) In making an order under
sub-section (1) in favour or more than one
co-sharer raiyat or raiyat holding adjoining land,
the [64][Munsif]
may apportion the portion or share of the holding in such manner and on such
terms as he deems equitable. (4) Where any portion or share
of a holding is transferred to the applicant under sub-section (1), such
applicant shall be liable to pay all arcars of revenue in respect of such
portion or share of the holding that may be outstanding on the date of the
order, (5) The [65][Munsif]
shall send a copy of his order as modified on appeal, if any, under sub-section
(6) to the prescribed authority for correction of the record-of-rights. (6) Any person aggrieved by an
order of the [66][Munsif]
under this section may appeal to the [67][District
Judge] having jurisdiction over the area in which the land is situated, within
thirty days from the date of such order and the [68][District
Judge] shall send a copy of his order to the [69][Munsif].
The fees to be paid by the parties and the procedure to be followed by
the [70][District
Judge] shall be such as may be prescribed. (7) [71]Every appeal pending before
an Additional District Magistrate at the commencement of Section 8 of the West
Bengal Land Reforms (Amendment) Act, 1972, shall, on such commencement, stand
transferred to, and be disposed of by, the District Judge having jurisdiction
in relation to the area in which the land is situated and on such transfer,
every such appeal shall be dealt with from the stage at which it was so
transferred and shall be disposed of in accordance with the provisions of this
Act, as amended by the West Bengal Land Reforms (Amendment.) Act, 1972 (West
Ben. Act 12 of 1972). On an order under Section 9
being made. (a) the right, title and
interest or the raiyat and of the transferee or of the person
mentioned in sub-section (2) of Section 9 who acquires any right, title and
interest in the holding shall vest in the raiyat whose application
for transfer has been allowed by the Revenue Officer or by the Munsif [72][or,
after the commencement of Section 8 of the West Bengal Land Reforms (Amendment)
Act, 1971 (President' Act 3 of 1971.), by the Additional District Magistrate, or,
after the commencement of the West Bengal Land Reforms (Amendment) Act, 1972,
by the District Judge,] on appeal: Provided that the
transferee or the person mentioned in sub-section (2) of Section 9 shall have
the right to take away the crops which he might have grown on the land before
the date of the order; (b) the raiyat whose
application has been so allowed shall be liable for any revenue accruing from
the date of the order. (1) If the holding of
a raiyat or a portion of it is lost by diluvion, the revenue of the
holding shall, on application made by the raiyat in the prescribed
form to the Revenue Officer, be remitted or abated by an amount which, in the
opinion of the Revenue Officer, is fair. (2) The right, title and
interest of the raiyat shall subsist in such holding or portion
thereof during the period of loss by diluvion not exceeding twenty years and
the raiyat shall on its re-appearance at any time within that period
have the right to possession thereof and be liable to pay such revenue as in
the opinion of the Revenue Officer is fair. Any land gained by gradual
accession to a holding, whether from the recess of a river or of the sea, shall
vest in the State Government and the raiyat who owns the holding
shall not be entitled to retain such land as an accretion thereto. [74][* * *] (1) Partition of a holding
among co-sharer raiyats owning it shall be made either by. (a) a registered instrument or (b) a decree or order of a
court. (2) When partition is effected
by an instrument, the registering officer shall not accept for registration any
such instrument unless there is tendered along with it a notice, giving the
particulars of the holding and the area of each share, and such process fee as
may be prescribed, for transmission to the prescribed authority. (3) If as a result of partition
one or more shares comprise an area less than the standard area. (a) the prescribed authority in
a case where partition is effected by a registered instrument, or (b) the court passing the
decree or order for partition, shall recast the shares, excluding the homesteads
of the co-sharers, so that no share is less than the standard area, and sell
such shares, or when the holding comprises an area which cannot be partitioned
into two or more shares, each comprising not less than the standard area, sell
the entire holding to the highest bidder or bidders among the co-sharers, or
failing them to other persons, and the sale proceeds shall, after deducting the
expenses for conducting the sale, be paid to the co-sharers in accordance with
their shares in the holding partitioned, excluding the homesteads. (4) If the holding or any share
or shares thereof cannot be sold as aforesaid, the prescribed authority or the
court shall report the case to the State Government and the State Government
shall, by order made in this behalf, take over such holding or share or shares
and shall place at the disposal of the prescribed authority or the court, as
the case may be, the market value thereof for payment to the co-sharers in the
manner indicated in sub-section (3). (5) For the purpose of
peventing fragmentation of holdings as a result of partition the State
Government may by order made in this behalf specify an area, which in its
opinion is the minimum unit for effective [75][utilisation]
in the interest of [76][*
* *] production [77][or
in the public interest], as the standard area, and different standard areas may
be specified for different localities or for different classes of land. (6) [78][[79]Notwithstanding
anything contained in any other law for the time being in force or in any
agreement or any custom or usage or any decree, judgment or award or any court,
no partition amongst co-sharer raiyats and co-parceners of a Hindu
Undivided family governed of claiming to be governed by
the Mitakshara School of Hindu Law shall have any force unless such
partition is made by registered instrument or by a decree or order of a Court
and is effected by metes and bounds; and both the conditions having been
fulfilled, any such partition shall be deemed to have come into force from the
date of registration or the deed of partition or the date of final decree or
order of a Court, as the case may be, or from the date of effecting partition
by metes and bounds, whichever is later. CHAPTER IIA RESTRICTIONS ON
ALIENATION OF LAND BY SCHEDULED TRIBES The provisions of this
Chapter shall have effect notwithstanding anything to the contrary contained
elsewhere in this Act. Save as provided in Section
14-C, any transfer by a raiyat belonging to a Scheduled Tribe of his
holding or part thereof shall be void. (1) A raiyat belonging
to a Scheduled Tribe may transfer his holding or part thereof in any one of the
following ways, namely. (a) by a complete usufructuary
mortgage entered into with a person belonging [82][to
a Scheduled Tribe] for a period not exceeding seven years; (b) by sale or gift to the
Government for a public or charitable purpose; (c) by simple mortgage to the
Government or to a registered Co-operative Society; [83](cc) by simple mortgage or
mortgage by deposit of title deeds in favour of a scheduled hank, a
co-operative land mortgage bank or a corporation, owned or controlled by the
Central or State Government, or by both, for the development of land or
improvement of agricultural production; (d) [84]by gift or will to a person
belonging to a Scheduled Tribe; (e) [85]by sale or exchange in
favour of any person belonging to a Scheduled Tribe: Provided that any
such raiyat may, with the previous permission, in writing, of the
Revenue Officer, transfer by sale his holding or any part thereof to a person
not belonging to any Scheduled Tribe: Provided further that no
such permission shall be granted by the Revenue Officcr unless he is satisfied
that no purchaser belonging to a Scheduled Tribe is willing to pay the fair
market price of the holding or any part thereof and that the proposed sale is
intended to be made for one or more of the following purposes, namely. (a) for the improvement of any
other part of the holding, or (b) for investment, or (c) for such other purposes as
may be prescribed. (2) [86][* * *] (3) A complete usufructuary
mortgage referred to in sub-section (1) may be redeemed at any time before the
expiry of the term. (4) A mortgagor under a
complete usufructuary mortgage intending to redeem such mortgage before the
expiry of its term or any person acting on his behalf, may make an application
for redemption in such form and containing such particulars as may be
prescribed to the Revenue Officer. On receipt of such application the Revenue
Officer shall after service of notice to the mortgagee make an enquiry in the
prescribed manner and pass a preliminary order declaring the amount due under
such mortgage to the mortgagee at the date of such order and fixing a date for
payment of such amount by the mortgagor. If the mortgagor pays such amount by
the date so fixed the Revenue Officer shall make a final order directing the
mortgagee to restore possession of the mortgaged property and to deliver up the
mortgage-deed, to the mortgagor. (5) A final order made under
sub-section (4) shall be executed by the Revenue Officer in such manner as may
be prescribed. Explanation. In this
section “complete usufructuary mortgage” means a transfer by
a raiyat of the right of possession in any land for the purpose or
securing the payment of money or the return of grain advanced or to be advanced
by way of loan upon the condition that the loan, with all interest thereon,
shall be deemed to be extinguished by the profits arising from the land during
the period or the mortgage. (1) No transfer of any land or
any interest in such land by a raiyat hclonging to a Scheduled Tribe
shall be valid unless made by a registered instrument. (2) Notwithstanding anything
contained in the Registration Act, 1908 (Act 16 of 1908) or in any other law
for the time being in force, no instrument of transfer or dealing with land or
interest in such land by a raiyat belonging to the Scheduled Tribe
made in contravention of the provisions of this Chapter shall be recognised as
valid by any court, officer or authority exercising civil, criminal or revenue
jurisdiction and no registering officer shall register any such instrument
unless he is satisfied that the instrument does not contravene any of the
provisions of this Chapter. (3) If, in course of
registration of any instrument referred to in sub-section (2) or in any
proceeding relating to the registration of such instrument or in any proceeding
before any civil, criminal or revenue court, any question arises as to whether
the raiyat executing such instrument belongs to the Scheduled Tribe
or as to whether such instrument has been made in contravention of the
provisions of this Chapter, the registering officer or other officer or
authority exercising powers under the Registration Act, 1908 or the civil,
criminal or revenue court before whom such question arises, shall refer such
question to the Revenue Officer referred to in Section 14-C and shall give
effect to the decision of the Revenue Officer. (1) If a transfer of a holding
or any portion thereof is made by a raiyat belonging to a Scheduled
Tribe in contravention of the provisions of Section 14-C, [89][or
if the permission for the transfer is found, after an inquiry in the prescribed
manner, to have been obtained by misrepresentation or fraud] or if in the case
of a complete usufructuary mortgage referred to in clause (a) [90][*
* *] of sub-section (1) of Section 14-C, the transferee has continued or is in
possession for more than seven years from the date of the transfer, the Revenue
Officer may, of his own motion or on an application made in that behalf, and
after giving the transferee an opportunity of being heard, by an order in
writing, [91][annul
the transfer, where necessary, and] eject the transferee from such holding or
part thereof: Provided that the
transferee whom it is proposed to eject has not been in continuous possession
for [92][thirty
years] under the transfer made in contravention of Section 14-C, or in the case
of a complete usufructuary mortgage referred to in clause (a) [93][*
* *] of sub-section (1) of Section 14-C, for [94][thirty
years] from the expiry of the [95][period
of seven years, notwithstanding anything contained in the Limitation Act, 1963
(Act 36 of 1963)]. (2) When the Revenue Officer
has passed any order under sub-section (1), he shall restore the transferred
holding or part thereof to the transferor or his successor-in-interest. (3) [96]For the purpose of
restoration of possession of any land and evicting any person in actual
occupation of such land under sub-section (2), any such Revenue Officer may use
such force as may be required for evicting the person in actual occupation of
such land and may send a written requisition in such form and in such manner as
may be prescribed to the officer-in-charge of the local police station having
jurisdiction or to any police officer superior in rank to such
officer-in-charge, and on receipt of such written requisition, the police
officer concerned shall render all necessary lawful assistance for enforcing
delivery of possession of such land: Provided that the
provisions of this sub-section shall not be applicable to any person not
belonging to the Scheduled Tribe, if he has been owning, possessing or
cultivating land not exceeding 0.4047 hectare in area in the aggregate and the
transfer was made by a member of the Scheduled Tribe owning, possessing or
cultivating land measuring 4 hectares or more in area in the aggregate. [98](1) No decree or order
shall be passed by any court for the sale of the holding or any portion
thereof, of a raiyat belonging to a Scheduled Tribe nor shall any
such holding be sold in execution of any decree or order. [99](2) Notwithstanding
anything contained in the Code of Civil Procedure, 1908 (5 of 1908.) and the
Indian Contract Act, 1872 (9 of 1872.), no decree or order relating to any land
or interest in such land shall be passed by any court against a raiyat belonging
to a Scheduled Tribe on the basis of any consent, agreement or compromise. Any
such decree or order passed in contravention of this sub-section shall be void. (1) Notwithstanding anything
contained in the Transfer of Properly Act, 1882 (4 of 1882.) or in any other
law for the time being in force, any benami transaction or instrument
relating to any land or any interest therein showing the name of any person
belonging to a Scheduled Tribe as the ostensible owner shall be void for all
purposes. (2) No Court shall entertain
any suit to enforce any right in respect of any such land or interest in such
land against a person belonging to a Scheduled Tribe by or on behalf of a
person claiming to be the real owner of such land or interest therein. (1) When a certificate is filed
for the recovery of an arrear of revenue or any other public demand recoverable
under the Bengal Public Demands Recovery Act, 1913 (Ben. Act 3 of 1913.), in
respect of the holding of a raiyat belonging to a Scheduled Tribe,
the Certificate Officer shall, before a proclamation for sale of the holding is
issued in execution of the certificate, refer the case to the Revenue Officer
having jurisdiction who may, in his discretion, (a) eject the
defaulting raiyat from his holding and put another person belonging
to a Scheduled Tribe in possession of the holding for a period not exceeding
seven years on payment or the amount due in respect of the certificate by him,
or (b) sell the holding to a
member of a Scheduled Tribe, if available, and, if not available, to any other
person at a fair market price to be fixed by the Revenue Officcr, not being less
than the amount due in respect of the certificate: Provided that if the
homestead of the defaulting raiyat is comprised in the holding, he
shall not he ejected from such homestead under clause (a), nor shall such
homestead be sold under clause (b). (2) (i) If the Revenue Officer
puts any person in possession of the holding under clause (a) of sub-section
(1) for any period, the amount paid by such person shall, at the end of such
period, be deemed to have been satisfied in full, and the Revenue Officer shall
then restore the holding to the defaulting raiyat; (ii) if the Revenue Officer
sells the holding under clause (b) of sub-section (I), any amount that may
remain out of the sale-proceeds after satisfaction of the amount due in respect
of the certificate shall be paid to the defaulting raiyat. An appeal, if presented
within thirty days from the date of the order appealed against, shall lie [103][to
the Munsif having jurisdiction] from any order made under sub-section (4) of
section [104][14C
or Section 14-E] or Section 14-G and his order shall be final: Provided that an
application for revision or modification of the order passed by the [105][Munsif
on appeal shall lie to the District Judge] if made within sixty days from the
date of the order: Provided further that the
provisions of Section 5 of the Limitation Act, 1963 (Act of 1963.), shall apply
to an appeal under this section. Notwithstanding anything to
the contrary contained in the Code of Civil Procedure, 1908 (Act of 1908.) or
in any other law for the time being in force, every court exercising appellate
or revisional jurisdiction shall, either of its own motion or on an application
made in this behalf, set aside the sale of land of a raiyat belonging
to a Scheduled Tribe or any portion of such land in execution of a decree in
favour of a person not belonging to a Scheduled Tribe, notwithstanding the
failure of the party to file any objection before the court which passed the
decree or passed any order for execution of the decree. No suit shall lie in any
Civil Court to vary or set aside any order passed by the Revenue Officer in any
proceeding under this Chapter except on the ground of fraud or want of
jurisdiction. [108]CHAPTER IIB CEILING ON HOLDINGS The provisions of this
Chapter shall have effect notwithstanding anything to the contrary contained
elsewhere in this Act or in any other law for the time being in force or in any
custom, usage or contract (express or implied) or in any agreement, decree, order,
decision or award of any court, tribunal or other authority: Provided that nothing in
this Chapter shall apply to any vacant land in an urban agglomeration as
defined in the Urban Land (Ceiling and Regulation) Act, 1976 (Act 33 of 1976). In this Chapter, (a) “ceiling area” means the
extent of land which a raiyat shall be entitled to own; (b) “charitable purpose”
includes relief of the poor, medical relief or the advancement of education or
of any other object of general public utility; (c) “family”, in relation to
a raiyst, shall be deemed to consist of. (i) himself and his wife, minor
sons, unmarried daughters, if any, (ii) his unmarried adult son, if
any, who does not hold any land as a raiyat, (iii) his married adult son, if
any, where neither such adult son nor the wife nor any minor son or unmarried
daughter of such adult son holds any land as a raiyat. (iv) widow of his predeceased
son, if any, where neither such widow nor any minor son or unmarried daughter
of such widow holds any land as a raiyat, (v) minor son or unmarried
daughter, if any, of his predeceased son, where the widow of such predeceased
son is dead and any minor son or unmarried daughter of such predeceased son
does not hold any land as a raiyat. but shall not include any
other person. Explanation I For the
purposes of this Chapter, an adult unmarried person shall include a man or
woman who has been divorced and who has not remarried thereafter: Provided that where such
divorced man or woman is the guardian of any minor son, or unmarried daughter,
or both, he or she, together with such minor son or unmarried daughter, or
both, shall be deemed to be a separate family. Explanation II References
in this clause to wife, son or daughter shall, in relation to
a raiyat who is a woman, be construed as references to the husband,
son or daughter, respectively, of such woman; (d) “irrigated area” means an
area specified as such by the State Government, by notification in
the Official Gazette, being an area which is, or is in the opinion of the
State Government capable of being, irrigated, at any time during the
agricultural year commencing on the 1st day of Baisakh, 1377 B.S.[111][or
thereafter, from any State canal irrigation project or [112](State
power-driven deep tubewell or shallow tubewell or any other State irrigation
project) or State riverlift irrigation project]; (e) “orchard” means a compact
area of land having fruit bearing trees grown thereon in such number chat they
preclude, or when fully grown would preclude, a substantial part of such land
from being used for [113][any
other] purpose; (f) “standard hectare” means, (i) in relation to an
agricultural land, an extent or land equivalent to. (a) 1.00 hectare in an
irrigated area; (b) 1.40 hectares in any other
area; (ii) in relation to any land
comprised in an orchard, an extent of land equivalent to 1.40 hectares; (iii) [114]in relation to any other
land, an extent of land equivalent to 1.40 hectares. [116][Subject to the provisions
of sub-section (3) of Section 14-Q, Section 14-Y and sub-section (2) of Section
14-Z, on and from the commencement] of the provisions of this Chapter,
no raiyat shall be entitled to own, in the aggregate, any land in
excess of the ceiling area applicable to him under Section 14-M. (1) The ceiling area shall be, (a) in the case of
a raiyat, who is an adult unmarried person, 2.50 standard hectares; (b) in the case of
a raiyat, who is the sole surviving member of a family, 2.50 standard
hectares; (c) in the case of
a raiyat having a family consisting of two or more, but not more than
five members, 5.00 standard hectares; (d) in the case of
a raiyat having a family consisting of more than five members, 5.00
standard hectares, plus 0.50 standard hectare for each member in excess of
five, so, however, that the aggregate of the ceiling area for
such raiyat shall not, in any case, exceed 7.00 standard hectares; (e) in the case of any
other raiyat, 7.00 standard hectares. (2) Notwithstanding any tiling
contained in sub-section (1), where, in the family of a raiyat, there are
more raiyats than one, the ceiling area for the raiyat, together
with the ceiling area of all the other raiyats in the family shall
not, in any case, exceed, (a) where the number of members
of such family does not exceed five, 5.00 standard hectares; (b) where such number exceeds
five, 5.00 standard hectares, plus 0.50 standard hectare for each
member in excess of five, so, however, that the aggregate of the ceiling area
shall not, in any case, exceed 7.00 standard hectares. (3) For the purposes of
sub-section (2), all the lands owned individually by the members of a family or
jointly by some or all the members of such family shall be deemed to be owned
by the raiyats in the family. (4) In determining the extent
of land owned by the raiyats in a family or the sole surviving member
of a family or an adult unmarried person, the share of
such raiyat or raiyats, or such sole surviving member, or such
adult unmarried person, as the case may be, in the lands owned by a co-operative
society, company, co-operative farming society, Hindu undivided family or a
Firm shall be taken into account. Explanation. For the
purposes of this sub-section, the share of a raiyat in a family or
the sole surviving member of a family or an adult unmarried person in the lands
owned by a co-operative society or a joint family shall be deemed to be the
extent of land which would be allotted to such raiyat or person had
such lands been divided or partitioned, as the case may be. (5) [118]The lands owned by a trust
or endowment other than that of a public nature, shall be deemed to be lands
owned by the author of the trust or endowment and such author shall be deemed
to be a raiyat under this Act to the extent of his share in the said
lands, and the share of such author in the said lands shall be taken into
account for calculating the area or lands owned and retainable by such author
of the trust or endowment, and for determining his ceiling area for the
purposes of this Chapter. Explanation. The expression
“author of trust or endowment” shall include the successors-in-interest of the
author of such trust or endowment. (6) [119]Notwithstanding anything
contained in sub-section (1), a trust or an institution of public nature
exclusively for a charitable or religious purpose or both shall be deemed to be
a raiyat under this Act and shall be entitled to retain lands not
exceeding 7.00 standard hectares, notwithstanding the number of its centres or
branches in the State. (1) If any question arises as
to whether any land is or is not within an irrigated area, such question shall
he determined by the prescribed authority in such manner as may be prescribed. (2) The State Government shall
prescribe such authority as it may think fit for the determination of the
question referred to in sub-section (1). (1) Any person who is aggrieved
by any determination made by the prescribed authority under Section 14-N may,
within thirty days from the date of such determination or within such further
time as the appellate authority may, on sufficient cause being shown, allow,
prefer an appeal to such authority as the State Government may, by notification
in the Official Gazette, specify in this behalf, against such determination. (2) On receipt of such appeal,
the appellate authority may, after giving a reasonable opportunity to the
appellant of being heard, confirm, modify or reverse the determination made by
the prescribed authority. (1) In determining the ceiling
area, any land transferred by sale, gift or otherwise or partitioned, by
a raiyat after the 7th day of August, 1969 but before the date of
publication of the West Bengal Land Reforms (Amendment) Act, 1971 in
the Official Gazette, shall be taken into account as if such land had not
been transferred or partitioned, as the case may be: Provided that provisions of
sub-section (1) shall not apply to transfer or partition of land to which
provisions of Section 3-A apply. (1a)
In determining the ceiling area, any land to which the provisions of Section
3-A of this Act apply and which was transferred or partitioned after the 7th
day of August, 1969, but before the 9th day of September, 1980, shall be taken
into account as if such land had not been transferred or partitioned, as the
case may be. (2) The provisions of
sub-section (1a) shall not apply to a bona fide transfer or partition
of any land as aforesaid, and the burden of proving the bona fides of
such transfer or pail it ion shall lie on the transferor or the person in whose
name the land stood recorded before the partition, as the case may be. (3) For the purposes of
sub-section (2), the transfer of any land in favour of one or more of the
following relatives of the transferor shall be presumed to be not bona
fide. (a) wife, or (b) husband, or (c) child, or (d) grand child, or (e) parent, or (f) grand parent, or (g) brother, or (h) sister, or (i) brother's son or daughter,
or (j) sister's son or daughter,
or (k) daughter's husband, or (l) son's wife, or (m) wife's brother or sister,
or (n) brother's wife. (1) Subject to the provisions
of sub-section (2), the ceiling area for a co-operative society, company, co-operative
farming society, Hindu undivided family or a firm, as the case may be, shall
not exceed the sum total of the ceiling areas of each member of such
co-operative society, company, co-operative farming society, Hindu undivided
family or each partner of such firm: Provided that for the
purpose of determining the ceiling area referred to in this sub-section, any
land held separately by a person, who is a member of a co-operative society,
company, co-operative farming society or Hindu undivided family or a partner of
a firm, shall be deducted from the ceiling area referred to in Section 14-M, so
that the sum total of the area of land held by such person, whether as such
member or partner or individually or as a member of a family, may not, in any
case, exceed the ceiling area applicable to him under Section 14-M. [124][* * *] (2) [125][* * *] (3) If the State Government,
after having regard to all the circumstances of the case, is satisfied that a
corporation or institution established exclusively for a charitable or religious
purpose, or both, or a person holding any land in trust, or in pursuance of any
other endowment, creating a legal obligation exclusively for a purpose which is
charitable or religious, or both, requires land, as distinct from the
income [126][or
usufructs] derived from such land, for the due performance of its obligations,
it may, by notification in the Official Gazette, increase the ceiling area
for such corporation or institution or person to such extent as it may think
fit: [127]Provided that the State
Government may, at any Time on its own motion or on an application, revise an
order under this sub-section and may resume the whole or any part of the land
in exccss of the ceiling area and Lake possession of such resumed land after
giving the parties concerned an opportunity of being heard. The provisions of Section
14-M shall not apply. (a) to any land owned as
a raiyat by a local authority or [129][an]
authority constituted or established by [130][or
under] any law for the time being in force; (b) for such period as may be
specified by the State Government, by notification in the Official
Gazette, to any land in such hilly portion of the district of Darjeeling as may
be specified in the said notification. (1) On the commencement of the
provisions of this Chapter [132][or
on any subsequent date] any land owned by a raiyat in excess of the
ceiling area applicable to him shall vest in the State free from all
incumbrances. (2) Where any land vested in
the State under sub-section (1) is being cultivated by a bargadar, the
right of cultivation of such bargadar in relation to any such vested
land which, including any other land owned or cultivated by him is in excess
of [133][0.4047
hectare of land used for agriculture], shall, on the commencement of the
provisions of this Chapter [134][or
on any subsequent date], stand terminated. (3) Every bargadar shall,
in relation to the land which he is authorised by sub-section (2) to retain
under his cultivation, become, on and from the date of commencement of the
provisions of this Chapter [135][or
on any subsequent date], a raiyat. (1) Upon vesting of any land in
the State under any or the provisions of this Act, the Revenue Officer or the
prescribed authority or any other officer or authority who makes the order of
vesting shall enter upon and take possession of such vested land by using such
force as may be necessary for this purpose. (2) Any Revenue Officer,
prescribed authority or any other officer or authority empowered in this
behalf, may enter upon and take possession. Of any other vested land by using
such force as may be necessary for this purpose. (3) For the purpose of entering
upon such land and taking possession thereof, any such officer or authority may
send a written requisition in such form and in such manner as may be prescribed
to the officer-in-charge of the local police station or to any police officer
superior in rank to such officer-in-charge, and on receipt of such written
requisition, the police officer concerned shall render all necessary and lawful
assistance for taking possession of such land. (1) Every raiyat owning
land in excess of the ceiling area shall furnish to the Revenue Officer, in
such form and within such time as may be prescribed, a return containing the
full description of the land which he proposes to retain within the ceiling
area applicable to him under Section 14-M and a full description of the land
which is in excess of the ceiling area and such other particulars as may be
prescribed. (2) Where there are
more raiyats than one in a family, the return referred to in sub-section
(1) shall be furnished by the head of the family or any
other raiyat in accordance with the provisions of that sub-section. (3) The Revenue Officer may, on
receipt of a return submitted under sub-section (1) or sub-section (2), or on
his own motion, determine the extent of land which is to vest in the State
under Section 14-S and take possession of such lands: [138]Provided that where
a raiyat has exercised his choice of retention of land within the
ceiling area in such a way that portions of more than one plot are to vest in
the State, the Revenue Officer may disregard the choice exercised by
the raiyat and may, after giving the raiyat an opportunity
of being heard, determine the plot or, where necessary, plots of land proposed
to be retained by the raiyat from which an area equal to the area of
the portions of the plots shown in the return to be in excess of the ceiling
area, is to vest in the State and take possession of such land; [139]Provided further that in
the case of mortgage by a raiyat by deposit of title deeds under
clause (e) of sub-section (1) of Section 7, such raiyat shall first
retain the land comprised in his holding and mortgaged by him within the
ceiling area and where the total area of any land comprised in his holding and
mortgaged by him exceeds the ceiling area, such portion of the land so
mortgaged as is in excess of the ceiling area, together with any other land
owned by him but not so mortgaged, shall vest in the State free from all
incumbrances. [140](3A) The Revenue Officer
may of his own motion and after giving the raiyat an opportunity of
being heard, revise an order made under sub-section (3) and determine afresh
the extent of land which is to vest in the State under Section 14-S and take
possession of such land: Provided that applications
made to the Revenue Officer prior to the commencement of the West Bengal Land
Reforms (Amendment) Act, 1978 shall be disposed of by the Revenue Officer in
accordance with the provisions of this sub-section. (4) If a raiyat fails
to Furnish, without any reasonable excuse, the return referred to in
sub-section (1), or sub-section (2), within the prescribed time or wilfully
makes any omission or incorrect statement in such return, he shall be
punishable [141][with
imprisonment which may extend to two years or with fine which may extend to
five thousand rupees or with both]. (5) [142]The Revenue Officer, on his
own motion or upon any information, may, after giving the persons interested an
opportunity of being heard, enquire and decide any question
of benami in relation to any land and any question of title
incidental thereto or any interest therein or any matter of transaction made,
on being satisfied that such enquiry and decision are necessary for the purpose
of preparation, correction or revision of record-of-rights and all matters
incidental or consequential thereto or detection and vesting of surplus land
over the ceiling area. (6) [143]The Revenue Officcr, on his
own motion or upon any information, may, after giving the persons interested an
opportunity of being heard, enquire and decide any question as to whether any
trust, endowment or institution is of public or private nature or of
exclusively religious or charitable in character, or both, and any question of
title incidental thereto as may be necessary to determine the extent of land
which is to vest in the State under Section 14-S, by examining the documents,
if any, or by taking into account the following, among others. (i) actual user of income or
usufructs of the land, (ii) mode of cultivation, (iii) pattern of utilisation of
the land, and (iv) share of income or
usufructs of the land appropriated or enjoyed, or the area of such land
occupied or enjoyed, by or on behalf of the manager, sebait, mutwalli, or
any other person managing the trust, endowment or institution. (7) [144]Any person aggicved by any
order made under sub-section (3), (3A), (5) or (6) may prefer an appeal under
Section 54. (8) [145]Notwithstanding anything
contained in this Act or in the West Bengal Estates Acquisition Act, 1953 or in
any other law for the time being in force or in any agreement, custom or usage
or in any decree, judgement, decision or award of any court, tribunal or
authority, the provisions of sub-sections (5), (6) and (7) shall operate with
retrospective effect from the 5th day of May, 1953. (9) [146]Sub-sections (5), (6), (7)
and (8) of this section shall be deemed to have always been inserted in the
West Bengal Estates Acquisition Act, 1953. Any officer specially empowered in
this behalf under the provision of the West Bengal Estates Acquisition Act, 1953
or under the provisions of this Act, may, in exercise of the powers conferred
by sub-sections (5) to (8), re-open and decide afresh any proceeding, case or
dispute in relation to determination of total land held by an intermediary or
a raiyat or an under-raiyat any point of time or may determine
the quantum of land such intermediary, raiyat or
under-raiyat was or is entitled to retain and also may determine the
extent of land which is to vest in the State or which shall remain vested in
the State and shall take possession of such land in accordance with the
provisions of Section 14-SS. Notwithstanding any judgment, decision or award of
any court, tribunal or authority to the contrary, the rule of res
judicata shall not apply to such cases of re-opening and fresh
determination. (10) [147]Notwithstanding any return
submitted by a raiyat under sub-section (1) or sub-section (2) and
notwithstanding any order passed by the Revenue Officer under sub-section (3)
or sub-section (3A) in respect of the land owned by him, the State Government
may, at any Time by a notification in the Official Gazette, ask
every raiyat owning land in excess of the ceiling area under Section
14-M to furnish to the Revenue Officer, in such form as may be prescribed and
within such time as may be specified in the notification, a return containing
the full description of the land which he proposes to retain within the ceiling
area applicable to him under Section 14-M and a full description of the land
which is in excess of the ceiling area and such other particulars as may be
prescribed. (11) [148]On the publication of the
notification under sub-section (10), the provisions of this section shall
apply mutatis mutandis to every raiyat owning land in
excess of the ceiling area under sub-section 14M. (1) Except where he is
permitted, in writing, by the Revenue Officer so to do
a raiyat owning land in excess of the ceiling area applicable to him
under Section 14-M, shall not, after the publication, in the Official
Gazette, of the [150][West
Bengal Land Reforms (Amendment) Act, 1971], transfer, by sale, gift or
otherwise or make any partition of any land owned by him or any part thereof
until the excess land, which is to vest in the State under Section 14-S, has
been determined and taken possession of by or on behalf of the State: [151]Provided that nothing in
this sub-section shall apply to any land to which the provisions of Section 3-A
apply: [152]Provided further that if
a raiyat has transferred any land which he retained in pursuance of
any order of the Revenue Officer under sub-section (3) or sub-section (3A) of
Section 14-T, such land shall be taken into account in determining, on any
subsequent occasion, the ceiling area of the said raiyat in pursuance
of the provisions of this Act, as if such land had not been transferred. (2) [153]Except where he is
permitted, in writing, by the Revenue Officer so to do,
a raiyat owning land to which the provisions of Section 3-A apply,
whether or not such land together with other land, if any, is in excess of the
ceiling area under Section 14-M, shall not on and from the date of coming into
force of Section 3-A of the Act, transfer by sale, gift or otherwise, or make
any partition of, any such land or any part thereof until the excess land, if
any, which is to vest in the State under Section 14-S has been determined or
re-determined and taken possession of by or on behalf of the State. (3) [154]If a raiyat makes
any transfer, whether by sale, gift or otherwise, of any land in contravention
of the provisions of sub-section (1) or sub-section (2), the State Government
may, in the first instance, take possession of land, equal in area to the land
which is to vest in the State, from out of the land owned by such raiyat,
and where such recovery from the raiyat is not possible, from the
transferee: Provided that where the
transferee is a person who is eligible for allotment of surplus land in
accordance with the provisions of this Act, the State Government may, instead
of enforcing its right to recover the land or equal amount of land, recover
from the transferor the amount which he had received as consideration for the
transfer of such land. (4) [155]Any raiyat who
transfers any land in contravention of the provisions of sub-section (1) or
sub-section (2) shall be punishable with fine which may extend to two thousand
rupees or with imprisonment for a term which may extend to six months or with
both: Provided that nothing in
this sub-section shall apply to any transfer made in accordance with the
provisions of any law for the time being in force. The State Government shall
pay, in the prescribed manner, for the vesting of any land in the State under
the provisions of this Act, after possession of such land is taken under
sub-section (3) of Section 14-T, to the person or persons having any interest therein
an amount equal to fifteen times the land revenue or its equivalent assessed
for such land; or where such land revenue or its equivalent has not been
assessed or is not required to be assessed, an amount calculated at the rate of
Rs. 135 for an area of 0.4047 hectare. [158][* * *] No Civil Court shall have
jurisdiction to decide or deal with any question or to determine any matter
which is by or under this Chapter required to be decided or dealt with or to be
determined by the Revenue Officer or other authority specified therein and no
orders passed or proceedings commenced under the provisions of this Chapter
shall be called in question in any Civil Court. If at any time, after the
commencement of the provisions of this Chapter, the total area of land owned by
a raiyat exceeds the ceiling area applicable to him under Section 14-M,
on account of transfer, inheritance or otherwise, the area of land which is in
excess of the ceiling area shall vest in the State and all the provisions of
this Chapter relating to ceiling area shall apply to such land: [161]‘Provided that a person
intending to establish a tea garden, mill, factory or workshop, livestock
breeding farm, poultry farm, or dairy, or township in accordance with the
provisions of the West Bengal Town and Country (Planning and Development) Act,
1979, may, with the previous permission, in writing, of the State Government
and on such terms and conditions and in such manner as the State Government may
by rules prescribe, acquire and hold land in excess of the ceiling area
applicable to him under Section 14-M: [162]Provided further that if
such person, having been permitted by the State Government, does not utilise
within two years of the date of such permission such land for the purpose for
which he has been so permitted by the State Government to acquire and hold it,
then, all the provisions of this Chapter relating to ceiling area shall apply
to the area of land which is held in excess of the ceiling area applicable to
him under Section 14-M. [163]Explanation. For the
purpose of this section, “person” includes an individual, a firm, a company, an
institution, or an association or body of individuals, whether incorporated or
not. For the removal of doubts
it is hereby declared that. (1) notwithstanding anything
contained in this Act or in any other law for the time being in force or in any
agreement, custom or usage or in any decree, judgment, decision or award of any
court, tribunal or authority, the provisions of this Chapter shall apply to all
lands of all classes and descriptions defined in clause (7) of Section 2; (2) in the case of land
comprised in a tea garden, mill, factory or workshop or land used for the
purpose of livestock breeding, poultry farming or dairy, the raiyat, or
where the land is held under a lease, the lease, may be allowed to retain (in
excess of the prescribed ceiling) only so much of such land as, in the opinion
of the State Government, is required for the purpose of the lea garden, mill,
factory, workshop, livestock breeding, poultry farming or dairy, as the case
may be: Provided that the State
Government may, if it thinks fit so to do, after reviewing the circumstances of
a case and after giving the raiyat or the lessee, as the case may be,
an opportunity of being heard, revise any order made by it under this clause
specifying the land which the raiyat or the lessee shall be entitled
to retain for tea garden, mill, factory, workshop, livestock breeding, poultry
farming or dairy, as the case may be: [165]Provided further that in
determining the land required for the purpose of tea cultivation, there shall
not be any diminution of the area of a tea garden. Explanation. The expression
“Land under a lease” includes any land held directly under the State Government
under a lease. Chapter III BARGADARS [166](1) The provisions of
clauses (b) and (c) of sub-section (4) of Section 4 shall not apply to the
holding of a raiyat or any part of it which is cultivated by
a bargadar so long as cultivation by a bargadar continues. [167](2) The right of
cultivation of land by bargadar shall, subject to the provisions of
this Chapter, be heritable and shall not be transferable. [168](3) The provisions of this
Chapter shall not apply to any person not belonging to a Scheduled Tribe
claiming to be a bargadar under a raiyat belonging to a
Scheduled Tribe. (1) Notwithstanding anything
contained in any law for the time being in force or in any contract to the
contrary, where a bargadar, cultivating any land, dies at a time when
cultivation of such land by the bargadar was continuing, the
cultivation of such land may be continued by the lawful heir of
the bargadar or where there are more than one lawful heir, by such lawful
heir of the bargadar as all the lawful heirs of
the bargadar may determine within the prescribed period: Provided that where the
lawful heirs of the bargadar omit or fail to make a determination as
required by this sub-section, the officer or authority appointed under
sub-section (1) of Section 18 may nominate one of the lawful heirs of
the bargadar, who is in a position to cultivate the land personally, to
continue the cultivation thereof. (2) The lawful heir of
the bargadar who is determined or nominated for the cultivation of
the land shall cultivate the land subject to such terms and conditions as may
be prescribed. (3) Where. (a) no lawful heir of
the bargadar is in a position to cultivate the land personalty, or (b) the lawful heirs of
the bargadar fail to determine, within the prescribed period, the
heir by whom the cultivation of the land will be continued and the officer or
authority appointed under sub-section (1) of Section 18 also omits or fails to
nominate, within the prescribed period, any lawful heir of the
deceased bargadar for the continuation of the cultivation of the
land, or (c) the person determined or
nominated under sub-section (1) omits or fails to take any steps, within the
prescribed period, for the continuation of the cultivation of the land. (d) cultivation of the land may
be continued by such person, whether an heir of the
deceased bargadar or not, as may be nominated by the person whose
land was cultivated by the deceased bargadar (1) The produce of any land
cultivated by a bargadar shall be divided as between
the bargadar and the person whose land he cultivates. (a) in the proportion of 50:50
in a case where plough, cattle, manure and seeds necessary for cultivation are
supplied by the person owning the land, (b) in the proportion of [170][75:25]
in all other cases. (2) [171]The bargadar shall
tender, within the prescribed period, to the person whose land he cultivates,
the share of the produce due to such person. (3) [172]Where any share of produce
tendered under sub-section (2) is accepted by the person whose land is
cultivated by the bargadar, each party shall give to the other a receipt,
in such form as may be prescribed, for the quantity of the produce received by
him. (4) [173]If the person whose land is
cultivated by the bargadar refuses to accept the share of the produce
tendered to him by the bargadar, or to give a receipt therefor,
the bargadar may deposit, within the prescribed period, such share of
the produce with such officer or authority as may be prescribed and such
deposit shall discharge the bargadar from his obligation to deliver
the share of the produce to the person whose land he cultivates: Provided that where the
quantity of the produce deposited by the bargadar is lesser than the
quantity of I he produce due to the person whose land he cultivates, the
obligation of the bargadar with regard to the delivery of the
deficiency in relation to the produce shall continue. (5) [174]Where a deposit retired to
in sub-section (4) has been made, the prescribed officer or authority shall. (a) give to
the bargadar a receipt in such form as may be prescribed stating
therein the quantity of the produce deposited by the bargadar and the
particulars of the person for whom the produce has been deposited; and (b) give intimation of such
deposit, in such form and in such manner as may be prescribed, to the person
for whom the produce has been deposited. (6) [175]Where any produce is
deposited under sub-section (4) and the person for whom the produce has been
deposited does not take delivery of such produce within fifteen days from the
date of service on him of the intimation of such deposit, the officer or
authority referred to in sub-section (4) may sell such produce and deposit the
proceeds of such sale, after deducting therefrom the cost of conducting the
sale, in the treasury, in revenue deposit, to the credil of the person for whom
the produce has been deposited and give intimation of such deposit to such
person, in such form and in such manner as may be prescribed. (7) [176]The bargadar shall
store or thresh the produce. (a) at such place as may be
agreed upon between him and the person whose land he cultivates, or (b) where there is disagreement
between them, at such place as may be fixed by him after giving notice, in
writing, served in the prescribed manner, to Lite person whose land he
cultivates: Provided that the person
whose land is cultivated by the bargadar may, at any time during the
storage or threshing or the produce, enter the place where the produce has been
stored or is being threshed for the purpose of inspecting the storage or
threshing, as the case may be, of the produce. If the produce of any land
cultivated by a bargadar is harvested and taken away, or if such
produce after it is harvested by the bargadar is taken away,
forcibily or otherewise, by the owner of such land,
the bargadar shall be entitled to recover from such owner the share
of the produce due to him or its money value. (1) No person shall be entitled
to terminate cultivation of his land by a bargadar except in
execution of an order, made by such officer or authority as the State
Government may appoint, on one or more of the following grounds. (a) that
the bargadar has without any reasonable cause failed to cultivate the
land, [178][*
* *] or has used it far any purpose other than agriculture; (b) that the land is not
cultivated by the bargadar personally; (c) [179]that
the bargadar has failed to tender or deposit to the full extent the
share or the produce as required by sub-section (2), or sub-section (4), as the
case may he, or Section 16: Provided that no order for
the termination of cultivation, made on the ground specified in this clause,
shall be given effect to if the bargadar delivers to the person,
whose land he cultivates, the share of the produce due to such person, or pays
to him the market price thereof, within such time and in such instalments as
the officer or authority making the order may, having regard to all the
circumstances of the case, specify in this behalf. (d) that the person owning the
land requires it bona fide for bringing it under personal
cultivation: [180]Provided that the person
owning the land shall be entitled to terminate cultivation by a bargadar of
only so much of land as, together with any other land in the personal
cultivation of such person, does not exceed 3.00 hectares: [181]Provided further that such
person shall not be entitled to so terminate cultivation by
a bargadar as to reduce the aggregate area of the land cultivated by
the bargadar to less than 1.00 hectare. Explanation. In determining
the areas specified in the foregoing provisos no transfer of land made after
the commencement of the West Bengal Land Reforms (Amendment) Act, 1970, shall
be taken into account. Explanation. For purposes
of clause (b), a bargadar who cultivates the land with the help of
members of his family shall be deemed to cultivate it personally. (2) [182]If an owner fails to bring
under personal cultivation any land, the cultivation of which by
a bargadar has been terminated under clause (d) of sub-section (1)
within two years from the date of such termination or allows such land to be
cultivated by some other person, the land shall vest in the State free from all
incumbrances under an order or the prescribed authority in the prescribed
manner, and the owner of the land shall be entitled to an amount therefor in
accordance with the provisions of Section 14-V. (3) [183][* * *] (4) No bargadar shall
be entitled to cultivate more than [184][4.00
hectares] of land. In computing this area, any land owned by
the bargadar as well as the land cultivated by him as
a bargadar shall be taken into account. (5) If
a bargadar cultivates land in excess of [185][4.00
hectares], the share of the produce due to him as a bargadar in
respect of the land in excess of [186][4.00
hectares] shall be forfeited to the State Government by order made in this
behalf by a Revenue Officer. (6) [187]Where any land cultivated
by a bargadar is in excess of the limit specified in sub-section (4),
the person whose land is cultivated by such bargadar shall, if the
excess land is within the ceiling area applicable to such person in accordance
with the provisions of Chapter II-B, have the land cultivated by any person
referred to in Section 49 who is willing to cultivate the said land as
a bargadar. [188]Explanation. For the
purposes of clause (d) of sub-section (1) and sub-section (2), “personal
cultivation” shall not include cultivation by servants or labourers on wages
payable in cash or in kind not being as a share of the produce, or both. (1) Every dispute between
a bargadar and the person whose land he cultivates in respect of any
of the following matters, namely. (a) division or delivery of the
produce, [189](aa) recovery of produce
under Section 16-A, (b) termination of cultivation
by the bargadar. (c) [190][* * *] shall be decided by such
officer or authority as the State Government may appoint: [191]Provided that no application
for decision of any dispute shall be entertained unless such application is
presented to the officer or authority within three years from the date on which
the claim falls or becomes due. (2) If in deciding any dispute
referred to in sub-section (1) [192][or
otherwise], any question arises as to whether a person is
a bargadar or not and to whom the share of the produce is
deliverable, such question shall be determined by the officer or authority
mentioned in sub-section (1). [193](2A) If in deciding any question
referred to in sub-section (2), the officer or authority mentioned in that
sub-section finds that any default in the delivery of the share of the produce
is due to doubt or uncertainly on the question whether the land in respect of
which the share of the produce is claimed has vested in the State or has been
retained under the West Bengal Estates Acquisition Act, 1953 [194][or
under this Act], by the person claiming the share, such officer or authority
shall, instead of terminating cultivation of the land by
the bargadar on the ground of default, allow him time to deliver the
share of the produce due to the person entitled thereto or to pay the price
thereof by annual instalments not exceeding four, the first of such
instalments, being deliverable or payable on a date not later than the first
day of Chaitra next following the date of the order. [195][* * *] (3) [196]The decision of any dispute
referred to in clause (a) of sub-section (1) shall specify the money value of
the share of the produce to be delivered, which shall be payable in default of
delivery of such share. [197](3A) The decision of any
dispute referred to in clause (aa) of sub-section (1) shall specify the
quantity of the produce recoverable from the owner by the bargadar as
his share and also its money value which shall be payable by the owner in
default of delivery of such quantity of the produce. (4) [198]For the removal of doubts
it is hereby declared that notwithstanding any decision of any Court to the
contrary, any order under clause (a) of sub-section (1), specifying the money
value of the share of the produce to be delivered payable in default of
delivery of such share, made before the commencement of the West Bengal Land
Reforms (Amendment) Act, 1962, shall be deemed to be and to have always been
validly made as if that Act had come into force when such order was made. (5) [199]If the decision of any
dispute referred to in clause (a) or sub-section (1) given before the
commencement of the West Bengal Land Reforms (Amendment) Act, 1962, does not
specify the money value of the share of the produce to be delivered,
the bargadar or the person whose land is cultivated by
the bargadar or the successor-in-interest of such person may, within
ninety days from the commencement of the West Bengal Land Reforms (Amendment)
Act, 1965 (West Ben. Act 18 of 1965.), make an application before the officer
or authority who decided the dispute of his or its successor for review of the
decision for the purpose of specifying the money value of the share of the
produce to be delivered payable in default of delivery of such share. (6) [200]Upon receipt of such
application the officer or authority shall, after giving the parties to the
dispute an opportunity of being heard and adducing evidence, pass an order
specifying the money value of the share of the produce to be delivered, which
shall be payable in default of delivery of such share. (1) An officer or authority appointed
under Section 17 or Section 18 shall continue to function after the appointment
of his or its successor until such successor commences to function. (2) Notwithstanding any
decision of any court to the contrary, any proceedings continued by or before
any such officer or authority and any order made by any such officer or
authority, after his or its successor is appointed but before such successor
commences to function, shall be deemed to be and to have always been validly
continued or made. (3) Any appeal against any
order referred to in sub-section (2) filed before the commencement of the West
Bengal Land Reforms (Amendment) Act, 1960 (West Ben. Act 6 of 1960.) or any
order made in any such appeal shall have no effect. (1) An appeal shall lie to
the [202][Collector],
having jurisdiction over the area in which the land is situated, against any
order made [203][under
Section 17 or Section 18 or sub-section (3) of Section 21.] The [204][Collector]
shall, on an appeal being disposed of, send a copy of his order to the officer
or authority whose decision is appealed against. [205](1A) An officer or
authority appointed by the State Government under Section 17 or Section 18 or
an officer specially empowered under sub-section (1) of Section 19-B shall not
pass any interlocutory or final order in any proceedings before him or it on
the basis of any consent, agreement or compromise obtained or effected for the
purpose of such proceedings, notwithstanding anything contained in the Indian
Contract Act, 1872 (9 of 1872.), or any other law for the time being in force. (2) The period within which the
appeal mentioned in sub-section (1) must be filed shall be thirty days from the
date of the order appealed against: [206]Provided that an appeal
against any order referred to in sub-section (2) of Section 18-A made before
the commencement of the West Bengal Land Reforms (Amendment) Act, 1960 (West
Ben. Act 6 of 1960.) may be filed within ninety days of such commencement: [207]Provided further that the
provisions of Section 5 of the Indian Limitation Act, 1908 (Act 9 of 1908)
shall apply to an appeal under this section. [208](2A) Every appeal pending
before any [209][Collector]
at the commencement of the West Bengal Land Reforms (Amendment) Act, 1970
(Presidebt' Act 16 of 1970), shall, on such commencement, stand transferred to,
and be disposed of by, the [210][Collector]
having jurisdiction in relation to the area in which the land is situated and
on such transfer every such appeal shall be dealt with from the stage at which
it was so transferred and shall be disposed of in accordance with the
provisions of this Act as amended by the West Bengal Land Reforms (Amendment)
Act, 1972 (West Ben. Act 12 of 1972). [211](2B) The [212][Collector]
may transfer any appeal, whether transferred to, or filed before, him, for
disposal to any officer not below the rank of a Sub-Deputy Collector,
subordinate to him, but senior in rank and position to the officer or authority
against whose order the appeal has been preferred and every such appeal shall
be dealt with from the stage at which it was so transferred and shall be
disposed of in accordance with the provisions of this Act as amended by the
West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972.). (3) [213]The [214][Collector]
or other officer hearing the appeal may for sufficient cause make an order
staying execution of the order appealed against. (4) [215]When the [216][Collector]
or other officer makes an order under sub-section (3), a copy of such order
shall be sent to the officer or authority before whom an application for
execution is pending. [218](1) Any person who fails to
comply with an order made under Sections 17, 18 or 19 shall be
punishable with imprisonment for a term which may extend to six months or with
fine which may extend to five hundred rupees or with both. [219](2) If, after the
commencement of the West Bengal Land Reforms (Amendment) Act, 1966 (West Ben.
Act 11 of 1966.), any person owning any land terminates or causes to be
terminated [220][or
attempts to terminate] the cultivation of the land by a bargadar in
contravention or the provisions of this Act, he shall be guilty of an offence
punishable with imprisonment which may extend to six months or with fine which
may extend to one thousand rupees or with both. [221](2A) Any person who fails
to give a receipt in contravention of the provisions of sub-section (3) of
Section 16 for the share of the produce accepted by him shall be guilty of an
offence punishable with imprisonment which may extend to six months or with
fine which may extend to one thousand rupees or with both. [222](3) An offence under
sub-section (2) [223][or
under sub-section (2A)] shall be cognizable and bailable. (1) If a person owning any land
terminates or causes to be terminated the cultivation of the land by
a bargadar in contravention of the provisions of this Act, then any
officer specially [225]empowered
by the State Government in this behalf, shall, on an application by
such bargadar, by order direct. (a) in a case where such land
has not been cultivated, or has been cultivated by the owner or by any person
on his behalf other than a bargadar, that the land be immediately restored
to the applicant and further that forty per cent, of any produce of the land
shall be forfeited to the State Government and the remaining sixty per cent, of
such crops shall be retained by the applicant. (b) in a case where such land
has been cultivated by a [226][person
other than the bargadar] engaged by the owner, that the land be restored
at the end of the cultivation season to the applicant and further that
the [227][person
other than the bargadar] [228][shall
retain twenty-five per cent] of the crops harvested before restoration and make
over [229][remaining
seventy-five per cent] of such crops to the applicant. [230]Provided that nothing in
this section shall apply to termination of cultivation by
a bargadar if the termination occurred before the 4th day of August,
1970, namely, the date with effect from which the West Bengal Land Reforms
(Amendment) Act, 1969 (West Ben. Act 11 of 1969.) ceased to be in force: [231]Provided further that an
application under sub-section (1) shall be made within two years from the date
of termination of cultivation by the bargadar or two years from the
date of commencement of the West Bengal Land Reforms (Amendment) Act, 1980
(West Ben. Act 41 of 1980.), whichever is later: [232]Provided also that if there
is more than one applicant, the bargadar who has cultivated the land
for the longest period shall be considered to be the rightful bargadar for
the purpose of restoration in exclusion of other bargadars: [233]Provided also that after
any application under sub-section (1) has been disposed of with the order of
restoration of cultivation by a bargadar, the question shall not be
reopened on any other application. [234]Explanation. For
determining the “longest period”, the total period of cultivation may not be
continuous, but while computing the “longest period” of cultivation, the period
or periods of cultivation since the 4th day of August 1970, (which may or may
not be continuous) shall only be taken into account. [235](1A) If the produce
forfeited under clause (a) of sub-section (1) cannot be recovered from the
owner of the land or the person cultivating the land on his behalf other than
a bargadar or if the share of produce receivable by
the bargadar under clause (b) of sub-section (1) cannot be recovered
from any person other than the bargadar, money value of the share of
produce so forfeited under clause (a) or share of produce so receivable under clause
(b) shall be recovered by the prescribed authority under sub-section (1) as a
“public demand” under the Bengal Public Demands Recovery Act, 1913 (Ben. Act 3
of 1913.), on a written requisition sent by such prescribed authority to the
certificate officer. (2) [236]An appeal against any order
made under sub-section (1) shall lie to the Collector who shall be superior in
rank to the officer from whose order the appeal is preferred. (3) [237][* * *] (1) The procedure to be
followed in deciding disputes or appeals under this Chapter and the fees to be
paid by the parties shall be as may be prescribed. (2) Any order made under this
Chapter including an order passed on appeal shall be executed by the officer or
authority [238]appointed
by the State Government, in such manner as may be prescribed. (3) [239]No order for the ejectment
of a bargadar shall be executed except during the months of the
Bengali year specified below. (i) in such portions of the
district of Darjeeling as may be declared by notification by the State
Government to be hilly portions, the month of Pans or Magh, and (ii) elsewhere, the month
of Chaitra or Baisakh: Provided that proper
compensation is paid, in such manner as may be prescribed, by the owner to
the bargadar for his share of the standing crops, if any. Notwithstanding anything
contained in any law for the time being in force, where, before the
commencement of the West Bengal Land Reforms (Amendment) Act, 1969 (West Ben.
Act 11 of 1969), an order for the termination of cultivation of any land by
a bargadar had been made under clause (b) of sub-section (1) of
Section 18 but such order has not been given effect to (whether by reason of the
operation of any law or otherwise), before the commencement of the West Bengal
Land Reforms (Amendment) Act, 1970 (President' Act 16 of 1970.), then, such
order shall, on such commencements, stand vacated and the officer or authority
by whom such order was made shall, after giving notice to the parties
concerned, decide the dispute in accordance with the provisions of Section 17
as amended by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act
12 of 1972). (1) If a bargadar. (a) surrenders his right to
cultivate in relation to any land cultivated by him as a bargadar or (b) voluntarily abandons
cultivation of such land, [242][the
owner of the land or the bargadar or any other person], may give
information in writing of such surrender or abandonment to the officer or
authority appointed under sub-section (1) of Section 18, having jurisdiction in
the area in which such land is situated. (2) On receipt of such
information [243][or
on his own motion], such officer or authority shall issue a notice, in the
prescribed form, to the bargadar, and after giving
the bargadar and the person whose land was cultivated by
the bargadar, an opportunity of being heard and making such inquiries as
he or it may deem necessary, determine whether the bargadar had
voluntarily surrendered or abandoned his right of cultivation in relation to
such land. (3) If such officer or
authority determines that the bargadar had not voluntarily
surrendered or abandoned the cultivation of the land which was being cultivated
by him as such and that he had been compelled by force or otherwise to
surrender or abandon the cultivation of such land, such officer or authority
shall restore the bargadar to the cultivation of the land, or where
the bargadar is not available or is not willing to be restored to the
cultivation of such land, the person whose land was so cultivated shall not
resume personal cultivation of the land but he may, with the permission of such
officer or authority, get the land cultivated by any person, referred to in
Section 49, who is willing to cultivate the land as a bargadar. (4) If such officer or
authority determines that the bargadar had voluntarily surrendered or
abandoned the cultivation of the land which was cultivated by him as such, the
person whose land was being so cultivated shall not resume personal cultivation
of such land but he may, with the permission of such officer or authority, have
the land cultivated by any person, referred to in Section 49, who is willing to
cultivate the land as a bargadar. (5) Any contravention of the
provisions of sub-section (3) or sub-section (4) shall be an offence punishable
with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both. (1) [244][* * *] no order or ocher
proceedings whatsoever under this Chapter shall be questioned in any civil
court and no civil court shall entertain any suit or proceeding in respect of
any matter mentioned in [245][Sections
17, 18, 19-B and 20-B]. (2) On the appointment of
officers or authorities under this Chapter all proceedings pending before
any Bhagchas Conciliation Board established under the West
Bengal Bargadars Act, 1950 (West Ben. Act 2 of 1950.), shall stand
transferred to the officer or authority having jurisdiction over the area in
which the land, to which the proceedings relate, is situated. (3) [246]If any question as to
whether a person is or is not a bargadar arises in the course of
any [247][suit,
case, appeal or other] proceedings before any Civil or Criminal Court, the
Court shall refer it to the officer or the authority mentioned in sub-section
(1) of Section 18 [248][for
decision and such court shall dispose of the suit, case, appeal or other
proceedings in accordance with the decision communicated to it by the officer
or authority mentioned in sub-section (1) of Section 18 to whom the question
was referred.] (4) [249]On a reference being made
under sub-section (3) of this section to the officer or authority mentioned in sub-section
(1) of Section 18 for decision, such officer or authority shall personally make
such enquiry as may be prescribed, shall arrive all a decision after giving all
the parties to the suit, case, appeal or other proceedings an opportunity of
being heard and shall communicate his or its decision in the prescribed manner
to the Court which made the reference. After communication of his or its
decision to the referring Court such decision shall not be altered or revised
except in an appeal under Section 19. Notwithstanding anything
contained in this Chapter, (a) all applications made under
Section 18 for the termination of cultivation by bargadars, (b) all appeals preferred under
Section 19 against orders made on such applications, and (c) all proceedings commenced
under sub-section (2) of Section 20 for execution of orders for termination of
cultivation by bargadars. (d) which are pending before
the appropriate authority at the date of commencement of the West Bengal Land
Reforms (Amendment) Act, 1969 (West Ben. Act 11 of 1969.), or which may be so
made, preferred or commenced after such date but before the expiry of the said
Act, shall be stayed for the period during which the said Act continues in
force A person lawfully
cultivating any land belonging to another person shall be presumed to be
a bargadar in respect of such land if such person is not a member of
the family of the other person whose land lie cultivates and the burden of
proving that such person is not a bargadar or that the land is in his
personal cultivation shall, notwithstanding anything to the contrary contained
in any other law for the time being in force, lie on the person who alleges
that the person cultivating the land is not a bargadar in respect of
such land. (1) The State Government may on
its own motion, by notification in the Official Gazette, constitute a
State Land Corporation, or one or more Regional Land Corporations or both. (2) The State Land Corporations
and each of the Regional Land Corporations (hereafter in this section called as
Corporation) shall be body corporate with perpetual succession and common seal,
and shall have power to acquire, hold and dispose of properly, to advance
funds, to enter into contracts, to institule and defend suits, cases and all
other legal proceedings and to do all things necessary for the purpose or
carrying on its object. (3) The object of the
Corporation shall be to advance funds in the prescribed manner to a
recorded bargadar of the land intended to be sold or to
a bargadar of the land intended to be sold and holding certificate
issued under the rules made under this Act or to a person eligible for
settlement of land under Section 49, to enable him to purchase agricultural
land from a raiyat who owns at the material time not exceeding one
standard hectare as defined in clause (f) of Section 14-K of land in the
aggregate, whose principal source of income is produce from his land and who being
in distress has failed to sell the land in the open market on account of
cultivation of the land, which the raiyat intends to sell, by
the bargadar and the name of the bargadar has been recorded
or certificate has been issued to the bargadar, provided such bargadar or
such person is otherwise eligible to receive the advance of fund, as may be
prescribed. (4) The price of the land
intended to be purchased by the eligible bargadar shall be settled as
between the bargadar and the owner of the land. Failing such settlement
of price, the Corporation, on being requested by the owner of the land or
the bargadar or on its own motion may assess the market value of the
land for assessment thereof, mutatis mutandis, in accordance with the
principles of the Land Acquisition Act, 1894 taking into account the fact of
cultivation by bargadar, but assessment of market value shall not include
any solatium or interest or any other thing except the market value
or the land. (5) If in such a case
the bargadar fails or does not intend to buy the land cultivated by
him as bargadar, the Corporation, on being requested by the owner of the
land, may offer the land to a person eligible under Section 49 to buy the land
at the mutually settled price or at the price assessed by the Corporation under
sub-section (4). If such person fails or does not intend to buy, the
Corporation may, within a period of six months of the request by the owner of
the land, purchase the land at a price mutually settled between the Corporation
and the owner of the land or at the price assessed by the Corporation under
sub-section (4) and in case of such purchase the Corporation shall pay the
settled or assessed market value, as the case may be, to the owner of the land. (6) The instrument of purchase
shall be by a registered deed of conveyance. If, however, the owner of the land
does not register the deed of conveyance within thirty days of payment of the
settled or assessed price to him by or on behalf of the bargadar or
by the person eligible under Section 49 or by the Corporation, as the case may
be, notwithstanding anything contained in the Registration Act, 1908 (16 of
1908.), the Transfer of Property Act, 1882, or any other law for the time being
in force, the issue of notification in the Official Gazette by the
Corporation shall be the conclusive evidence of sale of the land. (7) The
recorded bargadar or the bargadar holding a certificate or
the person eligible under Section 49 who purchases the land shall mortgage the
land to the Corporation as security for the loan advanced or to be advanced to
him by a registered instrument and the loan along with service or other charges
shall be repayable to the Corporation in the prescribed manner. (8) The land when purchased by
the Corporation or acquired by the Corporation in satisfaction of a mortgage
shall be sold in public auction in such manner as may be prescribed, for
realising the money spent in purchasing or acquiring the land and also for
service or other charges, if any. (9) For the purpose of this
section, the word “distress” shall mean. (a) marriage of a daughter, (b) performance of an
obligatory ceremony due to death of father, mother, husband or wife, as the
case may be, (c) medical treatment or an
illness of a very serious nature endangering the life of the owner of the land
or the husband or wife of the owner, as the case may be, and minor sons,
unmarried daughters and any other relative having no independent source of
income and solely dependent on the owner, (d) maintenance of the owner of
the land or the husband or wife of the owner, as the case may be, and minor
sons, unmarried daughters and any other relative having no independent source
of income and solely dependent on the owner, due to flood, drought or any other
natural calamity. (10) All powers, functions,
rights and obligations laid down in this section for the Corporation shall be
applicable to and exercised by any institution or organisation as may be
notified by the State Government in the Official Gazette on such terms and
conditions and in such manner as may be prescribed: Provided that the
provisions of this section shall not apply to a bargadar who owns and
cultivates 4.00 hectares of land in the aggregate. [254](1) The names
of bargadars in respect of every raiyat shall be entered in
the record-of-rights in such manner as may be prescribed. [255](2) The provisions of
sub-section (1) shall have effect notwithstanding anything contained in Chapter
VII or Chapter VIIA of this Act. In deciding any dispute
under the provisions of Chapter III, the officers and authorities may allow any
party to the dispute, unable to make submission on its behalf, to be
represented by its relative or by a representative of the association or
organisation to which the party belongs: Provided that no Advocate
or legal practitioner as defined in Section 3 of the Legal Practitioners Act,
1879 (18 of 1879.) shall be allowed to appear, plead or Act in any capacity on
behalf of the party before any officer or authority, unless such Advocate or
legal practitioner himself is a party to the dispute. Chapter IV PROVISIONS
AS TO REVENUE (1) A raiyat shall be
liable to pay revenue for his holding. (2) Revenue shall be a first
charge on the holding. (1) A raiyat shall
pay as revenue for his holding the same amount which was payable by him as rent
for the lands comprised in such holding immediately before the coming into
force of the provisions of this Chapter. (2) Where no rent was payable
in respect of the lands comprised in such holding immediately before the coming
into force of the provisions of this Chapter, the raiyat shall pay
revenue at such rate as the Revenue Officer may determine in the prescribed
manner, having regard to the rent that was generally being paid immediately
before the coming into force of the provisions of this Chapter for lands of
similar description and with similar advantages in the vicinity. Where the holding of
a raiyat comprises his homestead, the raiyat shall be
entitled, on an application to the Revenue Officer, to have the revenue of such
holding abated by such amount as bears the same proportion to such revenue as
the area covered by such homestead or one-third of an acre, whichever is
lesser, bears to the area or such holding: Provided that nothing in
this section shall apply where such homestead lies within. (a) any area within the local
limits of a municipality. (b) any area constituted by the
State Government as a notified area under Section 93-A of the Bengal Municipal
Act, 1932 (Ben. Act 15 of 1932), or (c) any such area in a
newly-developing locality as may be specified by the State Government by notification
in the Official Gazette. (1) Notwithstanding anything
contained in this Chapter, (a) where on an application
made by a raiyat or otherwise, the Revenue Officer makes an order
that the total area of land held by a raiyat within his holding or
holdings [261][does
not exceed 1.619 hectares in irrigated area or 2.428 hectares in non-irrigated
area], the raiyat shall be exempted from paying revenue in respect of
his holding or holdings with effect from the 1st day of Baisakh, [262][1385
B.S.]: Provided that such
exemption shall not affect the liability of the raiyat to pay any
cess imposed on him under the Cess Act, 1880 (Ben. Act 9 of 1880.), or the
Bengal (Rural) Primary Education Act, 1930 (Ben. Act 7 of 1930.), or any other
law for the time being in force on the basis of the present revenue of his
holding or holdings: Provided further that
a raiyat shall not be entitled to exemption from paying revenue under
this section if as a result of transfer or partition made after the 1st day
of Baisakh, [263][1384
B.S., the total area of his land is reduced to 1.619 hectares in irrigated area
or 2.428 hectares in non-irrigated area or less.] Explanation. The expression
“land held by a raiyat within his holding or holdings” shall mean
where there are more than one raiyat in a family, the aggregate area
of lands held by all such raiyats; [264](aa) where the land held
by raiyat within his holding or holdings is situated in both
irrigated and non-irrigated areas, one hectare of land in irrigated area shall,
for the purpose of clause (a), be deemed to be equivalent to 1-5 hectares in
non-irrigated area; (b) [265]subject to the provisions
contained in clauses (a) and (aa), the revenue payable by a raiyar in
respect of his holding or holdings shall, with effect from the 1st day
of Baisakh, 1385 B.S., be at the rate of the present revenue if the land
included in the holding or holdings is situated in a non-irrigated area and at
one and half times of such rate if such land is situated in an irrigated area: Provided that if the
Collector is satisfied that any land within an irrigated area has not received
irrigation water or the crops have been damaged by excess water during any
particular year, he may, by order, direct assessment of land revenue of such
land for that year to be made as if the land is included in a non-irrigated
area. (c) if the total area of land
held by a raiyat in respect of his holding or holdings is 4 hectares
or more in one mouza, he shall, with effect from the First day
of Baisakh, 1379 B.S., pay, in addition to the revenue payable by him for
such land, a surcharge at the rate of ten per cent, of such revenue; (d) if any amount already paid
by a raiyat is in excess of the revenue payable by him under this
section, the same shall be refunded to him, but if there is any deficiency in
such payment the same shall be recovered from him as an arrear of revenue under
the Bengal Public Demands Recovery Act, 1913 (Ben. Act 3 of 1913.), without any
claim for interest being made upon the same. Explanation. For the
purposes of this section, (a) the term “family” in
relation to a raiyat shall be deemed to consist of himself, his wife,
minor sons and unmarried daughters, if any; (b) the expression “irrigated
area” shall have the same meaning as in clause (d) of Section 14-K; and (c) the expression “present
revenue” in relation to any holding means the amount of revenue payable by
a raiyat in respect of such holding immediately before the
commencement of the West Bengal Land Reforms (Second Amendment) Act, 1969 (West
Ben. Act 23 of 1969.). (2) Any person aggrieved by an
order made by the Revenue Officer under clause (a) of sub-section (1), may
prefer an appeal to such authority as the State Government may, by notification
in the Official Gazette, specify within thirty days from the date of such
order or within such further time as such authority may, on sufficient cause
being shown, allow. (3) The order made by the
appellate authority under sub-section (2) shall be final. The provisions of Section
23-B other than those contained in [267][clauses
(a) and (aa) of sub-section (1)] thereof shall not apply to any land in the
hilly portion of the district of Darjeeling referred to in clause (b) of
Section 14-R, where the raiyat shall subject to the provisions
of [268][clauses
(a) and (aa) of sub-section (1)] of Section 23-B, pay revenue at the same rate
at which it was payable in respect of the holding immediately before the
commencement of the West Bengal Land Reforms (Second Amendment) Act, 1969. [269][* * *] [270][* * *] [271][* * *] [272][* * *] [273][* * *] [274][* * *] [275][* * *] [276][* * *] [277][* * *] The revenue payable by
a raiyat may be altered, in the manner prescribed, by the Revenue
Officer if the holding of the raiyat has increased or decreased in
area due to amalgamation, purchase, partition, sub-division, acquisition or any
other cause whatsoever subsequent to the determination of the revenue. No suit or other legal
proceedings shall be instituted in any Civil Court in respect of the
determination of any revenue or the omission to determine any revenue under
this Chapter. (1) A raiyat shall
pay revenue in such instalments, in such manner and at such times as may be
prescribed. (2) Payment of revenue shall be
made at the village tahsil office or at such other place and in such
manner as may be prescribed. (3) Any instalment of revenue
or part thereof which is not duly paid at the prescribed time shall be deemed
to be an arrear. Every raiyat shall
on making payment of revenue be entitled to obtain forthwith a written receipt
in the prescribed form for the amount paid by him, signed by the person
authorised to make collection of revenue. (1) Every raiyat who
makes payment of revenue within the prescribed period shall be entitled to a
rebate of five per centunt of the amount of revenue. (2) An arrear of revenue shall
bear simple interest at the rate of six and a quarter per centum per
annum from the due date up to the date of payment. All arrears of revenue
shall be deemed to be public demands payable to the Collector and shall,
subject to such rules as may be made in this behalf, be recoverable under the
Bengal Public Demands Recovery Act, 1913: [280]Provided that
no raiyat shall be liable to be arrested or detained in civil prison
or to have his homestead attached or sold in pursuance of any order under the
said Act: [281]Provided further that
before any properly is sold in execution of a certificate under the said Act,
the raiyat may, on an application made by him, be allowed to pay off
the arrears in such instalments as may be prescribed: [282]Provided also that whenever
any immovable properly is sold, the purchaser may annul any incumbrance on such
property in the manner prescribed. [283]Explanation. For the
purposes of this section and Sections 35, 36 and 37, “revenue” shall include
“surcharge”. Chapter V CONSOLIDATION
OF LANDS COMPRISED IN HOLDINGS, AND CO-OPERATIVE FARMING SOCIETIES The State Government may. (a) on the re presentation
of raiyats in any area, or (b) on its own motion, acquire
the lands in any area [284][as
may be necessary] on payment of compensation to the raiyats owning
them when the lands comprised in the holdings of the raiyats in such
area are not in compact blocks, if the State Government is of the opinion that
the lands comprised [285][in
the holdings in such area] should be consolidated: [286]Provided that consolidation
or lands may be undertaken by the State Government if any seven or more persons
being raiyats each owning land not exceeding 0.4047 hectare of land
in the aggregate or being recipients of lands settled under Section 49 or from
both such categories make representation therefor. On such acquisition being
made, the State Government shall re-arrange the holdings so that the lands
comprised in each is in a compact block and re-allot them to
the raiyats whose lands have been acquired, in such manner as it
thinks fit, ensuring that each raiyat gets a holding comprising the
same area, and, as far as possible, lands of the same quality and value as
before the consolidation: Provided that
no raiyat shall be entitled to receive any land in excess of the area
held by him prior to acquisition: Provided further that on
such allotment being made there shall be deducted from the amount of
compensation payable to a raiyat under Section 39 the value of the
land allotted to him after acquisition. If the holding of
a raiyat which is acquired for the purposes of consolidation is
subject to any incumbrance, such incumbrance shall be deemed to be transferred
and attached to the land which is allotted to the raiyat after
acquisition and to the compensation, if any, payable to him under this Chapter
and shall cease to have any effect against the land from which it has been so
transferred. If the value of the land
allotted to a raiyat after acquisition be greater than the value of
the land acquired from such raiyat, the difference in value shall be
recoverable from him in such instalments as may be prescribed and if such
difference be not paid within the time allowed for the purpose, it shall be
recoverable as a public demand payable to the Collector unless
the raiyat declines to accept settlement of the land allotted to him. (1) Any seven or more raiyats owning
lands in a compact block or intending to acquire such land, may form themselves
into a Co-operative Farming Society and apply in writing, in the prescribed
form, to the Registrar, Co-operative Societies, for the registration of such society
under [287][the
West Bengal Co-operative Societies Act, 1973[288]]
([289][West
Ben. Act 38 of 1973.]). (2) The Registrar may, after
such enquiry as he may deem fit, register the society under [290][the
West Bengal Co-operative Societies Act, 1973[291]],
and grant a certificate of registration and on such registration the provisions
of [292][the
West Bengal Co-operative Societies Act, 1973[293]],
subject to the special provisions of this Act, shall apply to such a society
and the society may enlist new members in accordance with the rules and
bye-laws under the said Act for the time being in force. (3) When a Co-operative Farming
Society has been registered under sub-section (2), all lands excluding
homesteads, belonging to the members thereof and forming one compact block,
whether owned by them at the time when they became such members or acquired by
them subsequently, shall vest in the society and no member shall be entitled to
hold in his personal capacity any land, excluding homestead, which together
with any land belonging to him but vested in the society under the provisions
of this sub-section [294][exceeds
the ceiling area applicable to him under Chapter II-B]. (4) When the lands belonging to
a member of a Co-operative Farming Society vest in such society, there shall be
allotted to him shares the value of which will, as far as possible, be equal to
the value of the lands of the member vested in the society. (5) Notwithstanding anything
elsewhere contained in this Act, no Co-operative Farming Society shall have the
right to acquire or hold any land except the land which vests in it under
sub-section (3). (6) [295][* * *] (1) The shares held by a member
of a Co-operative Farming Society shall not be transferred to any person other
than another member of the society or a raiyat or other person
residing in the locality in which the society has been established. (2) Subject to the restrictions
mentioned in sub-section (1), the shares held by a member of a Co-operative
Fanning Society shall be transferable and heritable. No Co-operative Farming
Society established in accordance with the provisions of this Act shall be
wound up or dissolved except under the orders of the State Government. When a Co-operative Farming
Society is wound up or dissolved, the prescribed authority shall allot to its
members, in such manner and subject to such rules as may be prescribed, all the
lands vested in the society, and the rules may provide for equitable allotment
of lands to the members having regard to the area and the quality of lands
belonging to them before the vesting of such lands in the society. When a Co-operative Farming
Society is established under the provisions of this Act, the aggregate of the
revenues which would have been payable by its members for their lands, if such
lands had not vested in the society, shall be the revenue payable by the
society for the lands vesting in it, subject to such reduction as may be
allowed under Section 48. (1) A Co-operative Farming Society
established under this Act shall be entitled to such concessions and facilities
from the State Government as may be prescribed. (2) Without prejudice to the
generality of the foregoing provisions, such concessions and facilities may
include. (a) such reduction of revenue
as Government may allow; (b) free supply of seeds and
manure for the first three years and thereafter at concessional rates; (c) free technical advice by
the experts of the State Government; (d) financial assistance on
such terms and conditions as may be prescribed; (e) arrangements for better
marketing. (1) Any seven or more persons
each owning, cultivating or possessing in any capacity agricultural land not
exceeding 0.4047 hectare in area in aggregate in any compact block or in
different blocks may form themselves into a Co-operative Common Service Society
and apply in writing, in the prescribed form, to the Registrar, Co-operative
Societies, West Bengal for registration of such society under the West Bengal
Co-operative Societies Act, 1973 (West Ben. Act 38 of 1973.). (2) The Registrar may, after
such enquiry as he may deem fit, register the society under the West Bengal
Co-operative Societies Act, 1973 and grant a certificate, and on such
registration the provisions of the West Bengal Co-operative Societies Act,
1973, shall, subject to the special provisions of this Act, apply to such a
society and the society may enlist new members in accordance with the rules and
bye-laws under the said Act for the time being in force: Provided that the society
shall not enlist any person as its member who owns, cultivates or possesses in
any capacity agricultural land exceeding [297][0.4047
hectare] in the aggregate. (3) Notwithstanding anything
contained in the West Bengal Co-operative Societies Act, 1973 and the rules
made thereunder, (a) the Chairman of any
Co-operative Common Service Society shall be nominated from amongst the elected
directors of the society by the Collector having jurisdiction on receiving a written
requisition from the elected directors of the society. A Chairman so nominated
may be removed before expiry or the term of the managing committee of the
society and a new Chairman may be nominated in his place; (b) the first managing
committee of any Co-operative Common Service Society shall hold office for a
term not exceeding three years; (c) after the expiry of the
term of the first managing committee of the society, the Chairman shall be
elected by the elected directors of the society. (4) A Co-operative Common
Service Society shall raise its funds from, among other sources, the State
Government, the Central Government, any bank, any insurance corporation and
other financial institutions or from among its own members as grant, loan or
equity. The society shall acquire by purchase, grant, gift, hiring, or
otherwise plough, cattle, manure (including chemical fertilizers), Seeds,
modern scientific agricultural implements and such other inputs as may be
necessary for cultivation [298][and
poultry farming] and supply or utilise the same among its members in proportion
to the area of land held by them. The society may advance loan to the members
out of its own fund [299][or
out of the fund raised by it]. (5) The society may recover
loans, interest, service charges and any other charge for supply of implements
and price or part of price of inputs supplied to the members in accordance with
the bye-laws of the society specially made for this purpose. (6) The society may undertake
marketing of produces grown by its members. Chapter VI PRINCIPLES
OF DISTRIBUTION OF LANDS [300](1) Notwithstanding
anything contained elsewhere in this Act or in any other law for the time being
in force, settlement of any land which is at the disposal of the State
Government, shall be made without any premium being charged for it, in such
manner as may be prescribed, with persons who are residents or the locality
where the land is situated, and who together with other members of their
family, own no land or less than [301][0.4047
hectare of land used for the purpose of agriculture], one half of the lands
cultivated by them as bargadars being taken into account for the
purpose of calculating the aggregate of such land, and subject to the following
conditions, namely. (a) that, in the case of
agricultural land, such person intends to bring the land under personal
cultivation, (b) that, in the case of
homestead land, such person having no homestead of his own, intends to
construct a dwelling house thereon, and (c) such other terms and
conditions as may be prescribed: Provided that among the
persons eligible for such settlement, preference shall be given to persons
belonging to Scheduled Caste or Scheduled Tribe or who form themselves into a
Co-operative Society for the purpose: [302]Provided further that no
settlement of land shall be made with any person or with a member of the family
of any such person, who is engaged or employed in any business, trade,
undertaking, manufacture, calling, service, or industrial occupation. [303]Explanation. The second
proviso to sub-section (1) shall not apply to an agricultural labourer, artisan
or fisherman. [304](1A) No person with whom
any land is or has been settled under sub-section (1) shall be entitled to
transfer such land except by way of a simple mortgage or a mortgage by deposit
of title deeds in favour of a Scheduled Bank, or a Co-operative Society or a
Corporation owned or controlled by the Central or State Government or both, and
for the purpose of obtaining loan for the development of land or for the
improvement of agricultural production or for the construction of a dwelling
house. [305](2) If a Revenue Officer,
on his own motion or on application made to him in that behalf, after hearing
the person with whom the land was settled and in the case of any subsequent
transfer, the transferee as also the person who is, for the time being, in
actual occupation of such land and after making such enquiry as may be
proscribed, is satisfied that settlement of such land [306][was
made by mistake or obtained under any provision of this section by practice of
fraud, misrepresentation, coercion or otherwise,) or that a transfer of any
land has been made in contravention of the provisions of sub-section (1A), he
may, by order in writing, annul the settlement or both the settlement and the
transfer, as may be deemed necessary. [307](3) When a Revenue Officer
makes an order under sub-section (2) annulling settlement or both the
settlement and the transfer of any land, as the case may be, the Revenue
Officer shall enforce delivery of possession of such land to the Collector by
using such force as may be required after evicting the person in actual
occupation of such land. [308](3A) For the purpose of
enforcing delivery of possession of any land and evicting any person in actual
occupation of such land under sub-section (3), any such Revenue Officer may
send a written requisition in such form and in such manner as may be prescribed
to the officer-in-charge or the local police-station or to any police officer
superior in rank to such officer-in-charge and on receipt of such written
requisition, the police officer concerned shall render all necessary and lawful
assistance for enforcing delivery of possession of such land. [309](4) Any person aggrieved by
an order made under sub-section (2) may, within thirty days from the date of
such order, prefer an appeal to such authority as the State Government may, by
notification in the Official Gazette, specify and the order passed by such
authority in appeal shall be final. [310](4A) Notwithstanding
anything contained in the foregoing provisions of this section, the State
Government, or an officer authorised in this behalf by the State Government,
may transfer to, or settle with, a local body or an authority constituted or
established by or under any law for the time being in force land which is at
the disposal of the State Government, for such purpose and on such terms and
conditions as may be decided by the State Government. [311](5) Notwithstanding
anything contained elsewhere in this Act, where the State Government is
satisfied that it is necessary so to do for a public purpose or for
establishment, maintenance or preservation of any educational or research
institution or industry, settlement for any period of any land may be made with
any person or institution on such terms and conditions including periodical
payments, with or without any premium being charged therefor, in such manner as
may be prescribed. [312]Explanation I. For the
purpose of this sub-section ‘person’ includes an individual, a firm, a company,
or an association or body of individuals, whether incorporated or not. [313]Explanation II. For the
purposes of this sub-section, “industry” includes a tea-garden, mill, factory
or workshop, livestock breeding, poultry fanning, or dairy, or township
approved under the West Bengal Town and Country (Planning and Development) Act,
1979(West Ben. Act 13 of 1979.). Any person who. (a) being in unauthorised
occupation of any land which is at the disposal of the State Government fails
to vacate such land after a notice has been served on him to do so, or (b) obstructs any person with
whom any land has been settled under sub-section (1) of Section 49 from taking possession
of such land, shall be punishable with imprisonment which may extend to one
year or with fine which may extend to two thousand rupees or with both Chapter VII [315][MAINTENANCE OF THE RECORD-OF-RIGHTS.] [316][The prescribed authority]
shall maintain up-to-date in the prescribed manner the village record-of-rights
by incorporating therein the changes on account of. (a) mutation of names as a
result of transfer or inheritance; (b) partition, exchange, or consolidation
of lands comprised in holdings, or establishment of Co-operative Farming
Societies; (c) new settlement of lands or
of holdings; (d) variation of revenue; (e) alteration in the mode of
cultivation, for example, by a bargadar; (f) such other causes as necessitate
a change in the record-of-rights. [317]CHAPTER VIIA PREPARATION OR REVISION OF RECORD-OF-RIGHTS Section 50 shall not apply
to any district or part of such district where Chapter VILA has come into force
for the purpose of revision or preparation of record-of-rights; but Section 50
shall apply to any land in any such district or part of such district after
final publication of any such record-of-rights under Section 51-A: [319]Provided that notwithstanding
any order made under sub-section (1) of Section 51 in respect of a district or
part of a district, the State Government may make an order directing the
Revenue Officers specially empowered under Section 50 to incorporate such
changes as may be specified in the said order in the records-of-rights in
respect of such district or part of such district under Section 50, if the
State Government is satisfied that incorporation of such changes is necessary
to mitigate the hardship of a raiyat. (1) The State Government may,
in any case if it so thinks fit, make an order directing that record-of-rights
in respect of any district or part of a district be revised or prepared by a
Revenue Officer in accordance with the provisions of this Chapter and such
rules as may be made by the State Government in this behalf. (2) A notification in
the Official Gazette of an order under sub-section (1) shall be
conclusive evidence that the order has been duly made. (3) When an order is made under
sub-section (1), the Revenue Officer shall record in the record-of-rights to be
revised or prepared in pursuance of such order, such particulars as may be
prescribed. (4) [321][* * *] (5) [322]There shall be a
separate khatian for each raiyat and
the khatian shall include all lands held by such raiyat in
one manza. (1) When a record-of-rights has
been revised or prepared, the Revenue Officer shall publish a draft of the record
so revised or prepared in the prescribed manner and for the prescribed period
and shall receive and consider any objections which may be made during such
period to any entry therein or to any omission therefrom. (2) When all such objections
have been considered and disposed of according to such rules as the State
Government may make in this behalf, the Revenue Officer shall finally prepare
the record and cause such record to be finally published in the prescribed
manner and make a certificate staling the fact of such final publication and
the date thereof and shall date and subscribe the same under his name and
official designation. (3) Separate publication of
different pans of draft or final records may be made under sub-section (1) or
sub-section (2) for different local areas. (4) [324]An officer specially
empowered by the State Government may, on application within one year, or on
his own motion within three years, from the date of publication of the
record-of-rights under sub-section (2), revise an entry in the record finally
published in accordance with the provisions of sub-section (2) after the
persons interested are given an opportunity of being heard and after recording
reasons therefor. (5) Any person aggrieved by an
order passed in revision under sub-section (4) may, within such period and on
payment of such court-fees as may be prescribed, appeal in the prescribed
manner to [325][[326](the
prescribed authority superior in rank to the authority from whose order the
appeal is preferred) of the district in which the land is situated: Provided that every appeal
pending before a Special Judge appointed under Section 51-D at the commencement
of Section 19 of the West Bengal Land Reforms (Amendment) Act, 1971
(President's Act 3 of 1971.), shall, on such commencement, stand transferred
to, and be disposed of by, [327](the
prescribed authority superior in rank to the authority from whose order the
appeal is preferred) and on such transfer, every such appeal shall be dealt
with from the stage at which it was so transferred and shall be disposed of in
accordance with the provisions of this Act, as amended by the West Bengal Land
Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972.).] (6) The certificate of final
publication referred to in sub-section (2), or in the absence of such certificate,
a certificate signed by the Collector of any district in which the area to
which the record-of-rights relates is wholly or partly situate, staling that a
record-of-rights has been finally published on a specified date, shall be
conclusive proof of such publication and of the date thereof. (7) The State Government may,
by notification in the Official Gazette declare with regard to any area
specified in the notification that the record-of-rights for every village
included in such area has been finally published and such notification shall be
conclusive proof of such publication. (8) In any suit or other
proceeding in which a record-of-rights revised or prepared and finally
published under this Chapter, or a duly certified copy of the record or an
extract therefrom, is produced, such record-of-rights shall be presumed to have
been finally published unless such publication is expressly denied. (9) Every entry in the
record-of-rights finally published under sub-section (2) including an entry
revised under sub-section (4) or corrected under Section 51-B [328][or
Section 51-BB] shall, subject to any modification by an order on appeal under
sub-section (5), be presumed to be correct [329][*
* *]. (1) Any Revenue Officer
specially empowered by the State Government in this behalf may, on an
application or on his own motion, at any stage of revision or preparation of
the record-of-rights under this Chapter but before final publication of any
such record-of-rights, revise or correct any entry in such record-of-rights
after giving the persons interested an opportunity of being heard and after
recording the reasons therefor: Provided that any order
made under this sub-section shall be appealable in accordance with the
provisions of sub-section (5) of Section 51-A. An officer specially
empowered in this behalf by the State Government may revise or correct any
entry in any record-of-rights in respect of a mauza at any stage before or
after final publication of such record-of-rights under this Chapter if it is
necessary, in his opinion, to do so in pursuance of an order under Chapter IIB
or on account of any amendment made in the provisions of this Act: Provided that no such
revision or correction shall be made, except when it is necessary to do so in
order to prepare a separate khatian as required under sub-section (5)
of Section 51 by amalgamating the khatians in respect of
a raiyat already prepared or finally published under this Chapter or
to correct a bona fide mistake, until a notice has been given to the
persons interested to appear and be heard in the matter. [333](1) When an order has been
made under sub-section (1) of Section 51 directing revision or preparation of a
record-of-rights, no Civil Court shall entertain any suit or application for
the determination of revenue or the incidents of any tenancy to which the
record-of-rights relates, and if any suit or application in which any of the
aforesaid matters is in issue, is pending before a Civil Court on the date of
such order, it shall be stayed and it shall, on the expiry of the period
prescribed for an appeal under sub-section (5) of Section 51-A or when such an
appeal has been Filed under that sub-section, as the case may be, on the
disposal of such appeal, abate so far as it relates to any of the aforesaid
matters. [334](2) No Civil Court shall
entertain any suit or application concerning any land if it relates to
alteration of any entry in the record-of-rights finally published, revised,
corrected or modified under any of the provisions of this Chapter. Explanation. In this
section “suit” includes an appeal. [336][* * *] Chapter VIII [337][MANAGEMENT OF LANDS.] (1) All lands to which this Act
applies shall be deemed to have been held under the State on such terms and
conditions as may be prescribed. (2) Any land belonging to the
State or land which is at the disposal of the State Government or held under
the State by virtue of the provisions of the West Bengal Estates Acquisition
Act, 1953 (West Ben. Act 1 of 1954.) or this Act or any other law in force
shall, unless the State Government otherwise directs by any general or special
order, be managed, in such manner as may be prescribed, by the Collector of the
district under whose jurisdiction the lands are situated subject to the control
of the State Government. (3) If the State Government is
of opinion that different sets of rules are necessary for the management of
different classes or descriptions of lands or lands of different areas, it may
make different sets of rules under this section. (4) Until rules made under this
section come into operation, management of any land covered by this Act shall
continue to be made in accordance with the existing law or rules or manual or
principles, whichever may apply. The State Government may,
while making rules under Section 52, provide for the establishment of any
Government Company or any co-operative society or any institution in the public
interest for utilisation of any land. Notwithstanding anything in
any other law for the time being in force or in any custom, usage or contract
or in any agreement, decree, order, decision or award of any court, tribunal or
other authority, the State Government shall be entitled to enter upon and take
possession of any land which is at the disposal of the State Government by
evicting, if necessary, any person therefrom by an order of the prescribed
authority in accordance with the provisions of Section 49. Explanation. The expression
“any land at the disposal of the State Government” shall include any land of
which any lease, or licence has been determined by the application of any law,
by efflux of time, due to recission of lease, leave or licence or due to
violation of the terms of the lease, leave or licence, as the case may be, or
for any other reason, and any land which has been abandoned by the lessee or
licencee. Chapter IX MISCELLANEOUS The State Government may by
a notification in the Official Gazette delegate any of the powers under [341][sub-section
(2A) of Section 4, [342][sub-section
(2) of Section 14-U], Section 22, Section 39 and Section 40] to be exorcised by
the prescribed authority subject to such reservation as may be specified in the
notification. Notwithstanding anything
contained elsewhere in this Act or in any law for the time being in force, the
Revenue Officer having jurisdiction in the area in which any land is situated
shall be necessary party to all suits of a civil nature relating to any such
land or portion thereof in which one of the parties to the suit is a member of
any Scheduled Tribe and the other party is not a member of any Scheduled Tribe. [344](1) Subject to any special
provisions for appeal made in this Act or in any rules made under this Act, an
appeal shall lie in the manner indicated below. [345](a) to a Collector, when
the order is made by a Revenue Officer or revenue authority below the rank of a
Collector; (b)
to the Commissioner of the Division, when the order is made by the Collector of
a district within the Division; [346][* * *] [347](2) Where, at the
commencement of Section 22 of the West Bengal Land Reforms (Amendment) Act,
1971, any appeal is pending before the Member, Board of Revenue, such appeal
shall, notwithstanding anything contained in sub-section (1), be disposed of by
such Member. [348](3) After any appeal is
preferred to a Collector, he may transfer the appeal to any officer subordinate
to him as may be prescribed: Provided that the officer
to whom the appeal is transferred is superior in rank or position to the
officer or authority making the order appealed against. [349](4) An order passed in
appeal shall be final. [350](5) Notwithstanding
anything contained elsewhere in this Act, the State Government may, on its own
motion, correct any erroneous decision passed by any Revenue Officer or by any
officer in an appeal under the foregoing provisions of this section and any
such order passed by the State Government shall he final and shall not be
called in question in any court. Save as expressly provided
in this Act or the rules made thereunder, the period of limitation for an
appeal under Section 54 shall run from the date of the order appealed against
and shall be as follows, that is to say. (a) when the appeal lies [351][to
a Collector] thirty days; (b) when the appeal lies to the
Commissioner of a Division. sixty days; (c) [352][* * *] A Revenue Officer, or any
officer authorised by him subject to any rules made under this Act, may at any
time enter upon any land but not a dwelling house with such officers or other
persons as he considers necessary, and make a survey or take measurement
thereof or do any other acts which he considers to be necessary for carrying
out any of his duties under this Act. Subject to the provisions
of this Act and any rules made thereunder, any officer in dealing with
proceedings under this Act shall exercise the powers of a Civil Court under the
Code of Civil Procedure, 1908 (5 of 1908.), for the purpose of. (a) summoning and enforcing the
attendance of any person and examining him on oath as a witness, (b) requiring the discovery and
production of any document or record, (c) receiving evidence on
affidavits, (d) requisitioning any public
record or copy thereof from any Court or office, (e) issuing commission for the
examination of witnesses or documents, (f) enforcing or executing
orders including an order for restoration of possession as if such orders were
decrees of a Civil Court, (g) remanding any case or
proceedings to the officer from whose decree the appeal is preferred,and such
officer shall record the substance of the evidence, if any, taken by him (1) No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in
good faith done or intended to be done in pursuance of this Act or any rules
made thereunder. (2) No suit or other legal
proceeding shall lie against the State Government for any damage caused or
likely to be caused or for any injury suffered or likely to be suffered by
virtue of any provisions of this Act or by anything in good faith done or
intended to be done in pursuance of this Act or any rules made thereunder. [354][Without prejudice to the
provisions of clause (p) of Section 2 of the West Bengal Estates Acquisition
Act, 1953, the following] Regulation and Acts are hereby repealed, namely (West
Ben. Act 1 of 1954.). (1) The Bengal Alluvion and
Diluvion Regulation, 1825 (Ben. Regn. XI of 1825.). (2) The Bengal Alluvion and
Diluvion Act, 1847 (IX of 1847). (3) The Bengal Alluvial Land
Settlement Act, 1858 (XXXI of 1858.). (4) The Bengal Rent Act, 1859
(X of 1859.). (5) The Bengal Tenancy Act,
1885 (VIII of 1885.). (6) The Cooch Bchar Tenancy
Act, 1910 (Cooch Behar Act 5 of 1910.). (7) The West
Bengal Bargadars Act, 1950 (West Ben. Act 2 of 1950.). (8) [355][* * *] (1) The State Government may,
after previous publication, make [356]rules
for carrying out the purposes of this Act. (2) The rules so made shall
have effect as if they were incorporated in this Act. (1) Notwithstanding anything
contained in the Code of Civil Procedure, 1908 (5 of 1908.) or any other law
for the time being in force or in any decree, judgment, decision or award of
any court, tribunal or authority, no court shall have jurisdiction to determine
any question relating to any land or connected with any matter which is
required to be or which has been enquired into or decided by any Revenue
Officer or prescribed authority or any officer or authority under the
provisions of this Act. (2) Any Revenue Officer or
prescribed authority or other officer or authority empowered under the
provisions of this Act shall have exclusive jurisdiction to enquire into and
decide any question relating to any land in connection with any matter which is
required to be enquired into or decided by any prescribed authority or other
officer or authority under the provisions of this Act. (3) Nothing in sub-section (1)
and sub-section (2) shall be deemed to affect any right which the parties to
any dispute may otherwise have against each other. The State Government may
give such directions, not inconsistent with the provisions of this Act, to any
Collector, Revenue Officer or prescribed authority under this Act as may appear
to the State Govemment to be necessary for carrying out the purposes of this
Act or any rule made thereunder. (1) With effect from the date
of coming into force of the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981.) in any district or in any area of Calcutta, such
provisions of the West Bengal Non-Agricultural Tenancy Act, 1949 (West Ben. Act
20 of 1949.), as are repugnant to the provisions of this Act, shall cease to
have effect in that district or area. (2) Notwithstanding the
provisions of sub-section (1) any proceeding pending on the date of such coming
into force before any authority appointed under the West Bengal
Non-Agricultural Tenancy Act, 1949 or before any court shall be continued or
disposed of as if the West Bengal Land Reforms (Amendment) Act, 1981 had not
come into force in that district or area. [1] For the Statement of
Objects and Reasons, See the Calcutta Gazette, Extraordinary, dated the 10th
December, 1954, Port IVA, page 1765. For Report of the Joint Select Committee,
See the Calcutta Gazette, Extraordinary, dated the 18th August, 1955, Part VA,
page 1215. For proceedings of the West Bengal Legislative Assembly, See the
proceedings of the meetings of the West Bengal Legislative Assembly, held on
the 24th and the 25th February, 16th August, 27th, 28th, 29th and 30th
September, 1st, 3rd, 4th, 5th, 6th, 7th, 8th, 10th and 11th October, 10th, 13th
and 14th December, 1935; and for the proceedings of the West Bengal Legislative
Council, See the proceedings of the meetings of the West Bengal Legislative
Council held on the 4th March, 18th August, 20th and 21st December, 1955. [2] In terms of the
provisions of sub-section (3) of Section 3 read with Schedule III of the West
Bengal Transferred Territories (Assimilation of Laws) Act, 1958 (West Ben. Act
19 of 1958), this Act shall not extend to, or come into force in, the
teritories transferred from the State of Bihar to the State of West Bengal by
s. 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 (XL of
1956). [3] The words within the
square brackes were inserted by s. 2 or the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981) w.e.f. 7.8.69. [4] The words, figures
and first brackets within the square brackets were substituted for the words
and figures “except the areas described in Schedule I of the Calcutta Municipal
Act, 1951, as deemed to have been amended under Section 594 of that Act.” by s.
2 of the West Bengal Land Reforms (Amendment) Act, 1986 (West Ben. Act 5 of
1986) w.r.e.f. 4-1-1984. [5] The words within the
square brackets were inserted by s. 2 or the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981) w.e.f. 7.8.69. [6] The provisions of
clause (2), clause (7) including the Explanation thereto, clause (8) and clause
(9) of Section 2, Section 3, Section 16, Section 17 [except sub-section (3)
(hereof], Section 18, Section 19, Section 20, Section 21, Section 59 [so far as
it relates to clause (7) thereof] and Section 60 came into force in all the
districts of West Bengal with effect from the 31st March, 1956, vide
notification No. 6346 L. Ref., dated the 30th March, 1956, published in the
Calcutta Gazette, Extraordinary, dated the 31st March, 1956, Part 1, page 679.
The provisions of Section 57 came into force on the 1st September, 1957, in all
the districts of West Bengal except in the district of Purulia and except in
the police-stations of Chopra, Karandighi, Islampur and Goalpokhar of the
Ruiganj sub-division in the district of West Dinajpur, vide notification No.
19990-L. Ref., dated the 13th August, 1957, published in the Calcutta Gazette,
Extraordinary, dated the 17th August, 1957. Part 1, page 3239. The provisions
of clause (12) of Section 2 came into force on the 15th January, 1958, in all
the districts of West Bengal except in the district of Purulia and except in
the police-stations of Chopra, Kanuidighi, Islampur and Goalpokhar of the
Raiganj sub-division in the district of West Dinajpur, vide notification No.
624L. Ref., dated the 14th January, 1958, published in the Calcutta Gazette,
Extraordinary, dated the 14th January, 1958. Part I, page 79. The provisions of
Sections 19-A and 19-B came into force on the 16th February, 1958, in all the
districts of West Bengal except in the district of Purulin and except in the
police-stations of Chopra, Kanuidighi. Islampur and Goalpokhar of the Raiganj
sub-division in the district of West Dinajpur, vide notification No. 2730L. Ref.,
dated 13th February, 1958, published in the Calcutta Gazette, Extraordinary,
dated the 13th February, 1958, Part I, page 489, Clause (10) of sec. 2 and
secs. 4(3), 6, 8, 9, 10, 54 and 55 cams into force on the 22.10.63, in all the
districts of West Bengal except in the areas transferred from Bihar to West
Bengal under Act 40 of 1956, vide notification No. 1798L. Ref., dated 12.10.63,
published in the Calcutta Gazette, Extraordinary, of 1963, Port I. page 3522a.
Section 17(3) came into force on 12.12.63, in all the districts of West Bengal
except in the areas transferred from Bihar to West Bengal under Act 40 of 1956,
vide notification No. 20818 L. Ref. dated 9.12.63, published in the Calcutta
Gazette, Extraordinary, of 1963. Part 1, page 4091. Clause (6) of sec. 2, secs.
4(1), (2), (4) and (5), 4, 14, 15, 49 and 58 came into force on the 7.6.65, in
all the districts of West Bengal except in the areas transferred from Bihar to
West Bengal under Act 40 of 1956, vide notification No. 8144L. Ref. dated the 4.6.65,
published in the Calcutta Gazette, Extraordinary, of 1965, Part I, page 1195.
Sub-sections (1), (3), (4) and (6A) of Section 2, sub-section (2A), (2B) and
(2C) of See. 4, sec. 4A, sec. 11, sec. 12, all the provisions of Chapter IIA,
proviso to sub-section (I) and sub-section (2A), (2B), and (6) of sec. 13,
sub-section (3) and (4) of sec. 19, all the provisions of Chapters IV, VII and
VIII, Section 56, and clauses (1), 12), (3), (4), (5) and (6) of sec. 59 came
into force in all the district of West Bengal except in the areas transferred
from Bihar to West Bengal under Act 40 of 1965, vide notification No. 14810L.
Ref., dated the 25.9.65, published in the Calcutta Gazette, Extraordinary, of
1965, Pan. I pages 3769-3770. [7] In terms of the
provisions of sub-section (3) of Section 3 read with Schedule III of the West
Bengal Transferred Territories (Assimilation of Laws) Act, 1958 (West Ben. Act
19 of 1958), this Act shall not extend to, or come into force in, the
teritories transferred from the State of Bihar to the State of West Bengal by
s. 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 (XL of
1956). [8] The words within the
square brackets were inserted by s. 2(i) of the West Bengal Land Reforms
(Amendment) Act, 1972 (West Ben. Act 12 of 1972). [9] The words within the
first brackets were inserted by s. 5(a)(i) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1931), w.e.f. 7.8.69. [10] The ‘Explanation’ was
added by s. 5(a)(ii), ibid. [11] Clause (6A) was
inserted with retrospective effect by s. 2(1) of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [12] Clause (7) was
substituted for the original clause by s. 5(b) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69, Prior to this
substitution, the words “but does not include lank”, were inserted at the end
of original clause (7), by s. 2(ii) of the West Bengal Land Reforms (Amendment)
Act, 1972 (West Ben. Act 12 of 1972). [13] The first brackets
and words within the square brackets were inserted by s. 2(iii). ibid. [14] The ‘Proviso’ and the
‘Explanation’ were added to clause (8) by s. 2 of the West Bengal Land Reforms
(Amendment) Act, 1977 (West Ben. Act 34 of 1977). [15] The words within the
square brackets were substituted for the words “produced from” by s. 2 of the
West Bengal Land Reforms (Amendment) Act, 1978 (West Ben. Act 39 of 1978),
w.e.f. 3.2.78. [16] The ‘Proviso’ and the
‘Explanation’ were added to clause (8) by s. 2 of the West Bengal Land Reforms
(Amendment) Act, 1977 (West Ben. Act 34 of 1977). [17] Clause (9A) was
inserted by s. 2 of the West Bengal Land Reforms (Amendment) Act. [18] Clause (10) was
substituted for the original by s. 5(c) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. Prior to this
substitution, the words “a person or an institution holding”, were substituted
for the words “a person who holds”, by s. 2(iv) of the West Bengal Land Reforms
(Amendmcni) Act, 1972 (West Ben. Act 12 of 1972). [19] For notification
relating to appointment of all sub-divisional officers as the officers referred
to in Section 17(1) of the Act for the areas specified, See notification No.
780 L. Ref., dated 17.1.58 published in the Calcutta Gazette, Extraordinary of
1958, Part 1, page 167. [20] Clause (13) was added
by s. 2 of the West Bengal Land Reforms (Second Amendment) Act, 1986 (West Ben.
Act 19 of 1986). [21] Section 3 was
substituted for the original section by s. 6 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [22] Section 3-A was first
inserted by s. 7, ibid. Then, the same was substituted by s. 2 of the West
Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act 35 of 1986). [23] Sub-section (2A),
originally inserted by s. 3(1) of West Ben. Act 18 of 1965, was substituted by
s. 3 of the West Bengal Land Reforms (Amendment) Act, 1966 (West Ben. Act 6 of
1966). [24] Sub-sections (2A)
(which was later substituted by s. 3 of West Ben. Act 11 of 1966— vide
foot-note 1 on page 6. (2B) and (2C) were inserted by s. 3(1) of the West
Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act 18 of 1965). [25] The words within the
square brackets were substituted for the words “a fine not exceeding three
hundred rupees, and where the breach is a continuing one a further line not
exceeding fifty rupees for each day” by s. 2 of the West Bengal Land Reforms
(Second Amendment) Act, 1969 (West Ben. Act 23 of 1969). [26] Sub-sections (2A)
(which was later substituted by s. 3 of West Ben. Act 11 of 1966— vide
foot-note 1 on page 6. (2B) and (2C) were inserted by s. 3(1) of the West
Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act 18 of 1965). [27] Sub-section (3) of
Section 4 was omitted by s. 3 of the West Bengal Land Reforms (Amendment) Act,
1972 (West Ben. Act 12 of 1972). [28] The words within the
square brackets were substituted for the words “shall be sold by the prescribed
authority in the prescribed manner” by s. 8(a)(i) of the West Bengal Land
Reforms (Amendment) Act, 1981 (West Ben. Act 1 of 1981), w.e.f. 7.8.69. [29] The words within the
square brackets were substituted for the word “agriculture” by s. 8(a)(ii),
ibid, w.e.f. 7.8.69. [30] The words within the
square brackets were inserted by s. 8(a)(iii), ibid. w.e.f. 7.8.69. [31] The words within the
square brackets were inserted by s. 8(a)(iv) or the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981) w.e.f. 7.8.69. [32] Sub-section (5) was
substituted for the original sub-section by s. 8(b), ibid, w.e.f. 7.8.69. [33] Section 4-A was
inserted by s. 4 or the West Bengal Land Reforms (Amendment) Act, 1965 (West
Ben. Act 18 of 1965). [34] Section 4-B was first
inserted by s. 2 of the West Bengal Land Reforms (Amendment) Act, 1974 (West
Ben. Act 33 of 1974). Then, The same was substituted by s. 9 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [35] The second proviso
was added by s. 3 of the West Bengal Land Reforms (Third Amendment) Act, 1986
(West Ben. Act 35 of 1986). [36] Sections 4-C. 4D and
4-E were inserted by s. 10 of the West Bengal Land Reforms (Amendment) Act,
1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [37] See foot-note 3 on
page 593, ante. [38] Provisa added by s. 4
of the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act 35
of 1986). [39] See foot-note 3 on
page 593, ante. [40] The word “and” was
omitted by s. 11(1)(a) of the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. 7.8.69. [41] Clauses (c) and (J)
were inserted by s. 11(1)(b), ibid, w.e.f. 7.8.69. [42] Clauses (c) and (J)
were inserted by s. 11(1)(b), ibid, w.e.f. 7.8.69. [43] The ward within the
square brackets were omitted by s. 11(2) or the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [44] The words within the
square brackets were substituted for the words “partition or simple or usufructuary
mortgage” by s. 4 of the West Bengal Land Reforms (Amendment) Act, 1972 (West
Ben. Act 12 of 1972). [45] Omitted by s. 5 of
the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [46] The word “or” was
inserted by s. 6(i), ibid. [47] Clause (c) was first
inserted by s. 6(ii) of the West Bengal Land Reforms (Amendment) Act, 1972
(West Ben. Act 12 of 1972). Then the some was substituted by s. 2 of the West
Bengal Land Reforms (Amendment) Act, 1990 (West Ben. Act 24 of 1990). [48] The words within the
square brackets were inserted by s. 12(1)(a) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [49] The words within the
square brackets were substituted for the words “Revenue Officer specially
empowered by the State Government in this behalf by s. 7(i)(a) of the West
Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [50] The word, figures and
Teller within the square brackets were substituted for the words, brackets and
figures “sub-section (3) of Section 4” by s. 7(i)(b), ibid. [51] The proviso added by
s. 12(1)(b) of the West Bengal Lind Reforms (Amendment) Act, 1981 (West Ben.
Act 50 of 1981), w.e.f. 7.8.69. [52] The words within the
square brackets were substituted for the words “Provided that if by s.
12(1)(c), ibid., w.e.f. 7.8.69. [53] The words within the
square brackets were substituted for the words “Provided further” by s.
12(1)(d), ibid. w.e.f. 7.8.69. [54] The words within the
square brackets were inserted by s. 7(ii)(a) of the West Bengal Land Reforms
(Amendment) Act, 1972 (West Ben. Act 12 of 1972). [55] The word
“usufructuary” was omitted by s. 7(ii)(b) of the West Bengal Land Reforms
(Amendment) Act, 1972 (West Ben. Act 12 of 1972). [56] The words within the
squire brackets were substituted for the words “for any individual” by s.
12(2)(la) of the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act
50 of 1981), w.e.f. 7.8.69. [57] Clause (e) was
inserted by s. 12(2)(a). ibid., w.e.f. 7.8.69. [58] Exptanation was added
by s. 12(2)(b), ibid., w.e.f., 7.8.69. [59] Sub-section (3) was
added by s. 7(iii) of the West Bengal Land Reforms (Amendment) Act, 1972 (West
Ben. Act 12 of 1972). [60] The words within the
square brackets was substituted for the words “Revenue Officer” by s. 8(i),
ibid. [61] The words within the
square brackets was substituted for the words “Revenue Officer” by s. 8(i),
ibid. [62] The words within the
square brackets was substituted for the words “Revenue Officer” by s. 8(i),
ibid. [63] See foot-note 6 on
page 599, ante. [64] See foot-note 6 on
page 599, ante. [65] See foot-note 6 on
page 599, ante. [66] See foot-note 6 on
page 599, ante. [67] The words within the
square brackets were substituted for the ward “Munsif” by s. 8(ii) of the West
Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [68] The words within the
square brackets were substituted for the ward “Munsif” by s. 8(ii) of the West
Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [69] See foot-note 6 on
page 599, ante. [70] The words within the
square brackets were substituted for the ward “Munsif” by s. 8(ii) of the West
Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [71] Sub-section (7) was
inserted by s. 8(iii), ibid. [72] The words, figures
and brackets within the square brackets were inserted by s. 9 of the West
Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [73] Section 11 was
substituted for the original section by s. 5 of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [74] Omitted with
retrospective effect by s. 6 of West Ben. Act 18 of 1965. [75] The word within the
square brackets was substituted for the word “cultivation” by s. 13(1)(a) of
the West Bengal Land Reforms (Amendment) Act, 1951 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [76] The word
“agricultural” was omitted by s. 13(1)(b), ibid., w.e.f. 7.8.69. [77] The words within the
squnre brackets were inserted by s. 13(1)(c), ibid., w.e.f. 7.8.69. [78] Chapter IIA
containing Sections 14-A to 141 was inserted by s. 7 of the West Bengal Land
Reforms (Amendment) Act, 1965 (West Ben. Act 18 of 1905). [79] Sub-section (6) added
by s. 13(2) of the West Bengal Land Reforms (Amendment) Act, 1931 (West Ben.
Act 50 of 1981), w.e.f. 7.8.69. [80] Chapter IIA
containing Sections 14-A to 141 was inserted by s. 7 of the West Bengal Land
Reforms (Amendment) Act, 1965 (West Ben. Act 18 of 1905). [81] Chapter IIA
containing Sections 14-A to 141 was inserted by s. 7 of the West Bengal Land
Reforms (Amendment) Act, 1965 (West Ben. Act 18 of 1905). [82] The words within the
square brackets were substituted for the words “to the same Scheduled Tribe to
which the transferor belongs” by s. 10(i)(a) of the West Bengal Land Reforms
(Amendment) Act, 1972 (West Ben. Act 12 of 1972). [83] Clause (cc) was
inserted by s. 10(i)(b) of the West Bengal Land Reforms (Amendment) Act, 1972
(West Ben. Act 12 of 1972). [84] Clause (d) was
substituted for the original clause by s. 2 of the West Bengal Land Reforms
(Second Amendment) Act, 1972 (West Ben. Act 28 of 1972). [85] Clause (e) was
substituted for the original clause by s. 10(i)(c) of the West Bengal Land
Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [86] Sub-section (2) was
omitted by s. 10(ii), ibid. [87] Section 14-D was
substituted for the original section by s. 14 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 1 of 1981) w.e.f. 78, 69. [88] See foot-note 2 on
page 603, ante. [89] The words within the
square brackets were inserted by s. 11(i) or the West Bengal Land Reforms
(Amendment) Act, 1972 (West Ben. Act 12 of 1972). [90] The words, brackets
and letter “or clause (e)” were omitted by s. 11(ii), ibid. [91] The words within the
square brackets were inserted by s. 11(iii), ibid. [92] The words within the
square brackets were substituted for the words “twelve years” by s. 15(1)(a) of
the West Bengal Land Reforms (Amendment) Act, 1931 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [93] The words, brackets
and letter “or clause (e)” were omitted by s. 11(ii), ibid. [94] The words within the
square brackets were substituted for the words “twelve years” by s. 15(1)(a) of
the West Bengal Land Reforms (Amendment) Act, 1931 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [95] The words and figures
within the square brackets were substituted for the words “period or seven
years” by s. 15(1b), ibid, w.e.f. 7.8.69. [96] Sub-section (3) was
inserted by s. 15(2), ibid, w.e.f. 7.8.69. [97] See foot-note 2 on
page 603, ante. [98] Section 14-F was
renumbered as sub-section (1) of that section and after Section 14-F as so
renumbered, sub-section (2) was added by s. 16 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 1 of 1981), w.e.f. 7.8.69. [99] Section 14-F was renumbered
as sub-section (1) of that section and after Section 14-F as so renumbered,
sub-section (2) was added by s. 16 of the West Bengal Land Reforms (Amendment)
Act, 1981 (West Ben. Act 1 of 1981), w.e.f. 7.8.69. [100] Section 14-FF was
inserted by s. 17, ibid, w.e.f. 7.8.69. [101] See foot-note 2 on
page 603, ante. [102] See foot-note 2 on
page 603, ante. [103] The words within the
square brackets were substituted for the words “to the Collector or district”
by s. 12(i) or the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben.
Act 12 of 1972). [104] The figures, tellers
and words within the square brackets were substituted for the figures and Idler
“14C” by s. 12(ii), ibid. [105] The words within the
square brackets were substituted for the words “Collector on appeal shall lie
to the Commissioner” by s. 12(iii), ibid. [106] This section was
inserted by s. 3 of the West Bengal Land Reforms (Second Amendment) Act, 1986
(West Ben. Act 19 of 1986). [107] See foot-note 2 on
page 603, ante. [108] Chapter IIB
consisting of Sections 14-J to 14Y was inserted by s. 13 of the West Bengal
Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [109] Section 14-J was
first substituted by s. 18 of the West Bengal Land Reforms (Amendment) Act,
1981 (West Ben. Act 50 of 1981). Thereafter, the same was resubstituted by s. 5
of the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act 35
of 1986). [110] Chapter IIB
consisting of Sections 14-J to 14Y was inserted by s. 13 of the West Bengal
Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [111] The words within the
squire brackets were substituted for the words “from any State canal irrigation
project or State (power driven deep tubewell) irrigation project” by s. 3 or
the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act 33 of 1974). [112] The words within the
first brackets were substituted for the brackets and words “State (power driven
deep tubewell) or State (power driven shallow lube well)” by s. 19(a) of the
West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [113] The words within the
square brackets were substituted for the words “any agricultural” by s. 19(h),
ibid., w.e.f. 7.8.69. [114] Sub-clause (iii) was
inserted by s. 6 of the West Bengal Land Reforms (Third Amendment) Act, 1986
(West Ben. Act 35 of 1986). [115] See foot-note 2 on
page 609, ante. [116] The words, figures,
letters and brackets within the square brackets were substituted for the words
“On and from commencement by s. 2 of the West Bengal Land Reforms (Amendment)
Act, 1996 (West Ben. Act 24 of 1996). [117] See foot-note 2 on
page 609, ante. [118] Sub-section (5) was
substituted for the original sub-section by s. 20(a) of the West Bengal Land
Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [119] Sub-section (6) was
inserted by s. 20(b) ibid. [120] See foot-note 2 on
page 609, ante. [121] See foot-note 2 on
page 609, ante. [122] Section 14-P was
substituted for the original section by s. 7 of the West Bengal Land Reforms
(Third Amendment) Act, 1986 (West Ben. Act 35 of 1986). Prior to this
substitution, the words, brackets and figures “West Bengal Land Reforms
(Amendment) Act, 1981” were substituted for the wards, brackets and figures
“West Bengal Land Reforms (Amendment) Act, 1971” by s. 21 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981) w.e.f. 7.8.69. [123] See foot-note 2 on
page 609, ante. [124] Sub-section (2A) was
insetted by s. 4 of the West Bengal Land Reforms (Amendment) Act, 1974 (West
Bun. Act 33 of 1974). Thereafter, sub-section (2) and sub-section (2A) was
simultaneously omitted by s. 22(a) of the West Bengal Land Reforms (Amendment)
Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [125] Sub-section (2A) was
insetted by s. 4 of the West Bengal Land Reforms (Amendment) Act, 1974 (West
Bun. Act 33 of 1974). Thereafter, sub-section (2) and sub-section (2A) was
simultaneously omitted by s. 22(a) of the West Bengal Land Reforms (Amendment)
Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [126] The words within the
square brackets were inserted by s. 22(b) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [127] Proviso was added by
s. 22(c). ibid. [128] See foot-note 2 on
page 609, ante. [129] The word within the
square brackets were substituted for the words “any body or” by s. 23(a) of the
West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [130] The words “or under”
were omitted by s. 23(b), ibid. Later, the same words were inserted by s. 8 of
the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act 35 of
1986). [131] See foot-note 2 on
page 609, ante. [132] The words within the
square brackets were inserted by s. 9 of the West Bengal Land Reforms (Third
Amendment) Act, 1986 (West Ben. Act 35 of 1986). [133] The figures and wards
within the square brackets were substituted for the figures and word “1.00
hectares” by s. 24 of the West Bengal Land Reforms (Amendment) Act, 1981 (West
Ben. Act 50 of 1981), w.e.f. 7.8.69. [134] See foot-note 6 on
page 615, ante. [135] See foot-note 6 on
page 615, ante. [136] Section 14-SS was
inserted by s. 25 of the West Bengal Land Reforms (Amendment) Act, 1981 (West
Ben. Act 50 of 1981), w.e.f. 7.8.69. [137] See foot-note 2 on
page 609, ante. [138] The proviso was added
by s. 5 or the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act 33
of 1974). [139] The proviso was added
by s. 3 of the West Bengal Land Reforms (Amendment) Act, 1990 (West Ben. Act 24
of 1990). [140] Sub-section (3A) was
first insetted by s. 2(1) of the West Bengal Land Reforms (Amendment) Act, 1976
(West Ben. Act 12 of 1976). Later, the some was substituted by s. 3 of the West
Bengal Land Reforms (Amendment) Act, 1978 (West Ben. Act 39 of 1978). [141] The words within the
square brackets were substituted for the words “with fine which may extend to
one thousand rupees” by s. 2(2) of the West Bengal Land Reforms (Amendment)
Act, 1976 (West Ben. Act 12 of 1976). [142] Sub-sections (5),
(6), (7), (8) and (9) were inserted by s. 26 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981). Thereafter, sub-section (5)
was substituted by s. 10(a) of the West Bengal Land Reforms (Third Amendment)
Act, 1986 (West Ben. Act 35 of 1986). [143] Sub-sections (5),
(6), (7), (8) and (9) were inserted by s. 26 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981). Thereafter, sub-section (5)
was substituted by s. 10(a) of the West Bengal Land Reforms (Third Amendment)
Act, 1986 (West Ben. Act 35 of 1986). [144] The words within the
square brackets were substituted for the words “with fine which may extend to
one thousand rupees” by s. 2(2) of the West Bengal Land Reforms (Amendment)
Act, 1976 (West Ben. Act 12 of 1976). [145] See foot-note 2 on
page 618. ante. [146] See foot-note 2 on
page 618. ante. [147] Sub-sections (10) and
(11) were inserted by s. 10(b) of the West Bengal Land Reforms (Third
Amendment) Act, 1986 (West Ben. Act 35 of 1986). [148] Sub-sections (10) and
(11) were inserted by s. 10(b) of the West Bengal Land Reforms (Third
Amendment) Act, 1986 (West Ben. Act 35 of 1986). [149] See foot-note 2 on
page 609, ante. [150] The words, figures
and brackets “West Bengal Land Reforms (Amendment) Act, 1981” were first
substituted for the words, figures and brackets “West Bengal Land Reforms
(Amendment) Act, 1971” by s. 27 of the West Bengal Land Reforms (Amendment)
Act, 1981 (West Ben. Act 50 of 1981). Thereafter, the words, figures and
brackets within the square brackets were substituted for the words, figures and
brackets “West Bengal Land Reforms (Amendment) Act, 1981” by s. 11(a)(i) of the
West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act 35 of
1986). [151] The provisos were
added by s. 11(a)(ii) of the West Bengal Land Reforms (Third Amendment) Act,
1986 (West Ben. Act 35 of 1986). [152] The provisos were
added by s. 11(a)(ii) of the West Bengal Land Reforms (Third Amendment) Act,
1986 (West Ben. Act 35 of 1986). [153] Sub-section (2) was
substituted for the original sub-section by s. 11(b), ibid. [154] Sub-section (3) was
substituted for the original sub-section by s. 11(c). ibid. [155] Sub-section (4) was
inserted by s. 11(d) of the West Bengal Land Reforms (Third Amendment) Act,
1986 (West Ben. Act 35 of 1986). [156] Section 14-V was
substituted by s. 2 of the West Bengal Land Reforms (Amendment) Act, 1980 (West
Ben. Act 41 of 1980). Prior to this substitution See foot-note 2 on page 25,
ante. [157] See foot-note 2 on
page 609, ante. [158] Omitted by s. 3 of
the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act 41 of 1980). [159] See foot-note 2 on
page 609, ante. [160] Section 14-Y was
substituted by s. 12 of the West Bengal Land Reforms (Third Amendment) Act,
1986 (West Ben. Act 35 of 1986). Prior to this substitution See foot-note 2 on
page 609, ante. [161] The provisos and the
Explanation were added by s. 3 of the West Bengal Land Reforms (Amendment) Act,
1996 (West Ben. Act 24 of 1996). [162] The provisos and the
Explanation were added by s. 3 of the West Bengal Land Reforms (Amendment) Act,
1996 (West Ben. Act 24 of 1996). [163] The provisos and the
Explanation were added by s. 3 of the West Bengal Land Reforms (Amendment) Act,
1996 (West Ben. Act 24 of 1996). [164] Section 14-Z was
inserted by s. 28 of the West Bengal Land Reforms (Amendment) Act, 1981 (West
Ben. Act 50 of 1981), w.e.f. 7.8.69. [165] The proviso was
inserted by s. 13 of the West Bengal Land Reforms (Third Amendment) Act, 1986
(West Ben. Act 35 of 1986). [166] Section 15 was
renumbered as sub-section (1) or that section and alter sub-section (1) as so
renumbered, sub-sections (2) and (3) were inserted by s. 29 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981) w.e.f. 7.8.69. [167] Section 15 was
renumbered as sub-section (1) or that section and alter sub-section (1) as so
renumbered, sub-sections (2) and (3) were inserted by s. 29 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981) w.e.f. 7.8.69. [168] Section 15 was
renumbered as sub-section (1) or that section and alter sub-section (1) as so
renumbered, sub-sections (2) and (3) were inserted by s. 29 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981) w.e.f. 7.8.69. [169] Section 15-A was
inserted by s. 14 of the West Bengal Land Reforms (Amendment) Act, 1972 (West
Ben. Act 12 of 1972). [170] The figures within
the square brackets were substituted for the figures “60:40” by s. 15(i) or the
West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [171] Sub-sections (2) to
(7) wens substituted for the original sub-sections (2) and (3) by s. 15(ii),
ibid. [172] Sub-sections (2) to
(7) wens substituted for the original sub-sections (2) and (3) by s. 15(ii),
ibid. [173] Sub-sections (2) to
(7) wens substituted for the original sub-sections (2) and (3) by s. 15(ii),
ibid. [174] See foot-note 2 on
page 624, ante. [175] See foot-note 2 on
page 624, ante. [176] See foot-note 2 on
page 624, ante. [177] Section 16-A was
inserted by s. 3 of the West Bengal Land Reforms (Second Amendment) Act, 1969
(West Ben. Act 23 of 1969). [178] The words “or has
neglected to cultivate it properly.” were omitted by s. 16(i)(a) of the West
Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [179] Clause (c) was
substituted for the original clause by s. 16(i)(b), ibid. [180] The proviso to clause
(d) were substituted by s. 16(i)(c), ibid. [181] The proviso to clause
(d) were substituted by s. 16(i)(c), ibid. [182] Sub-section (2) was
substituted for the original sub-section by s. 30[1) of the West Bengal Land
Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.6.69. [183] Sub-section (3) was
omitted by s. 30(1A) of the West Bengal Land Reforms (Amendment Act, 1981 (West
Ben. Act 50 of 1981), w.e.f., 7.8.69. [184] Firstly, the figures
and word “6.00 hectares” were substituted for the words “twenty-five acres” by
s. 16(ii) of the West Bengal Lund Reforms (Amendment) Act, 1972 (West Ben. Act
12 of 1972). Thereafter, the figures and word within the square brackets were
substituted for the figures and word “6.00 hectares” by s. 30(2) of the West
Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f.
7.8.69. [185] Firstly, the figures
and word “6.00 hectares” were substituted for the word “twenty-five acres” by
s. 16(ii) of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act
12 of 1972). Thereafter, the figures and word within the squire brackets were
substituted for the figures and word “6.00 hectares” by s. 30(3) of the West
Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f.
7.8.69. [186] Firstly, the figures
and word “6.00 hectares” were substituted for the word “twenty-five acres” by
s. 16(ii) of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act
12 of 1972). Thereafter, the figures and word within the squire brackets were
substituted for the figures and word “6.00 hectares” by s. 30(3) of the West
Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f.
7.8.69. [187] Sub-section (6) was
inserted by s. 16(iii) of the West Bengal Land Reforms (Amendment) Act, 1972
(West Ben. Act 12 of 1972). [188] The ‘Explanation’ was
added by s. 3 of the West Bengal Land Reforms (Amendment) Act, 1977 (West Ben.
Act 34 of 1977). [189] Clause (aa) was
inserted by s. 4(a) of the West Bengal Land Reforms (Second Amendment) Act,
1969 (West Ben. Act 23 of 1969). [190] Clause (c) was
omitted by s. 17(i) of the West Bengal Land Reforms (Amendment) Act, 1972 (West
Ben. Act 12 of 1972). [191] The proviso was first
inserted by s. 8(a) of the West Bengal Land Reforms (Amendment) Act, 1965 (West
Ben. Act 18 of 1965). Then, the present proviso was substituted for the
original proviso by s. 31(a) of the West Bengal Land Reforms (Amendment) Act,
1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [192] The words within the
square brackets were inserted by s. 6 of the West Bengal Land Reforms (Amendment)
Act, 1974 (West Ben. Act 33 of 1974). [193] Sub-section (2A) was
inserted by s. 8(b) of the West Bengal Land Reforms (Amendment) Act, 1965 (West
Ben. Act 18 of 1965). [194] These words within
the square brackets were inserted by s. 31(b) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [195] Sub-section (2B) was
first inserted by s. 8(c), of the West Bengal Land Reforms (Amendment) Act,
1965 (West Ben. Act 18 of 1965). Thereafter the same was omitted by s. 17(ii)
of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of
1972). [196] Sub-section (3) was
added by s. 2(1) of the West Bengal Land Reforms (Amendment) Act, 1962 (West
Ben. Act 16 of 1962). [197] Sub-section (3A) was
inserted by s. 4(b) of the West Bengal Land Reforms (Second Amendment) Act,
1969 (West Ben. Act 23 of 1969). [198] Sub-section (4) was
added by s. 2(2) of the West Bengal Land Reforms (Amendment) Act, 1962 (West
Ben. Act 16 of 1962). [199] Sub-sections (5) and
(6) were added by s. 8(d) of the West Bengal Land Reforms (Amendment) Act, 1965
(West Ben. Act 18 of 1965). [200] Sub-sections (5) and
(6) were added by s. 8(d) of the West Bengal Land Reforms (Amendment) Act, 1965
(West Ben. Act 18 of 1965). [201] Section 18-A was
inserted with retrospective effect by s. 2 or the West Bengal Land Reforms
(Amendment) Act, 1960 (West Ben. Act 6 of 1960). [202] The words
“Sub-divisional Officer”, in sub-section (1), were first substituted for the
words “Munsif” by s. 18(a) of the West Bengal Land Reforms (Amendment) Act,
1972 (West Ben. Act 12 of 1972). Thereafter, the word within the square brackets
was resubstituted for the words “Sub-divisional Officer”, wherever they occur,
by s. 32(a) or the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben.
Act 50 of 1981), w.e.f. of 7.8.69. [203] The words, figures
and brackets within the square brackets were substituted for the words and
figures “under Section 17 or Section 18 except where such order was made with
the consent of the parties to the dispute.” by s. 32(b). ibid. [204] The words
“Sub-divisional Officer”, in sub-section (1), were first substituted for the
words “Munsif” by s. 18(a) of the West Bengal Land Reforms (Amendment) Act,
1972 (West Ben. Act 12 of 1972). Thereafter, the word within the square
brackets was resubstituted for the words “Sub-divisional Officer”, wherever
they occur, by s. 32(a) or the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. of 7.8.69. [205] Sub-section (1A) was
inserted by s. 32(c). ibid. [206] The proviso was added
by s. 3 of the West Bengal Land Reforms (Amendment) Act, 1960 (West Ben. Act 6
of 1960). [207] The second proviso
was added by s. 3 of the West Bengal Land Reforms (Amendment) Act, 1962 (West
Ben. Act 16 of 1962). [208] Sub-sections (2A) and
(2B) were inserted by s. 18(b) of the West Bengal Land Reforms (Amendment) Act,
1972 (West Ben. Act 12 of 1972). [209] The words
“Sub-divisional Officer”, in sub-section (1), were first substituted for the
words “Munsif” by s. 18(a) of the West Bengal Land Reforms (Amendment) Act,
1972 (West Ben. Act 12 of 1972). Thereafter, the word within the square
brackets was resubstituted for the words “Sub-divisional Officer”, wherever
they occur, by s. 32(a) or the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. of 7.8.69. [210] The words
“Sub-divisional Officer”, in sub-section (1), were first substituted for the
words “Munsif” by s. 18(a) of the West Bengal Land Reforms (Amendment) Act,
1972 (West Ben. Act 12 of 1972). Thereafter, the word within the square
brackets was resubstituted for the words “Sub-divisional Officer”, wherever
they occur, by s. 32(a) or the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. of 7.8.69. [211] See foot-note 6 on
page 630, ante. [212] See foot-note 1 on
page 630, ante. [213] Sub-sections (3) and
(4) were added by s. 9 of the West Bengal Land Reforms (Amendment) Act, 1965
(West Ben. Act 18 of 1965). [214] See foot-note 1 on
page 630, ante. [215] Sub-sections (3) and
(4) were added by s. 9 of the West Bengal Land Reforms (Amendment) Act, 1965
(West Ben. Act 18 of 1965). [216] See foot-note 1 on
page 630, ante. [217] Section 5, 19-A and
19-B were inserted by s. 2 of the West Bengal Land Reforms (Amendment) Act,
1957 (West Ben. Act 22 of 1957). [218] Section 19-A was
renumbered as sub-section (1) of that section and after sub-section (1) as so
renumbered, sub-sections (2) and (3) were added by s. 4 of the West Bengal Land
Reforms (Amendment) Act, 1966 (West Ben. Act 11 of 1966). [219] Section 19-A was renumbered
as sub-section (1) of that section and after sub-section (1) as so renumbered,
sub-sections (2) and (3) were added by s. 4 of the West Bengal Land Reforms
(Amendment) Act, 1966 (West Ben. Act 11 of 1966). [220] The words within the
square brackets were inserted by s. 4(i) of the West Bengal Land Reforms
(Amendment) Act, 1977 (West Ben. Act 34 of 1977). [221] Sub-section was
inserted by s. 4(ii) of the West Bengal Land Reforms (Amendment) Act, 1977
(West Ben. Act 34 of 1977). [222] See foot-note 5 on
page 631, aute. [223] The words, figure,
teller and brackets within the square brackets were inserted by s. 4(iii) of
the West Bengal Land Reforms (Amendment) Act, 1977 (West Ben. Act 34 of 1977). [224] See foot-note 4 on
page 631, ante. [225] For notification
empowering for the purposes of Section 19-B(1) all officers appointed under
Section 17(1) of the Act See notification No. 2898-L. Ref., dated the 18.2.58
published in the Calcutta Gazette, Extraordinary of 1958, Part, I page 551. [226] The words within the
square brackets were substituted for the words “new bargadar” by s. 33(a)(i) or
the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [227] The words within the
square brackets were substituted for the words “new bargadar” by s. 33(a)(i) or
the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [228] The words within the
square brackets were substituted for the words “shall retain fifty per cent” by
s. 33(a)(ii), ibid. [229] The words within the
square brackets were substituted for the words “remaining fifty per cent” by s.
33(a)(iii). ibid. [230] The provisos with the
‘Explanation’ were added by s. 4 of the West Bengal Land Reforms (Amendment)
Act, 1980 (West Ben. Act 41 of 1980). [231] See foot-note 8 on
page 632, ante. [232] See foot-note 8 on
page 632, ante. [233] See foot-note 8 on
page 632, ante. [234] See foot-note 8 on
page 632, ante. [235] Sub-section (1A) was
inserted by s. 33(b) of the West Bengal Land Reforms (Amendment) Act, 9981
(West Ben. Act 50 of 1981) w.e.f. 7.8.69. [236] Sub-section (2) was
substituted for the original sub-section by s. 33(c), ibid. [237] Sub-section (3) was
omitted by s. 33(d), ibid. [238] For notification
appointing certain officers as the officers referred to in Section 20(2) of the
Act— (a)
for the Dum-Dum police-station, and 24-Parganas district, See notification No.
15946-L. Ref., dated the 19.9.56 published in the Calcutta Gazette of 1956,
Part 1, page 3664. (b)
for the areas specified, see notification No. 1848-L Ref. dated the 30.1.57,
published in the Calcutta Gazette of 1957, Part 1 page 570. [239] Sub-section (3) was
substituted for the original sub-section by s. 2 of the West Bengal Land
Reforms (Second Amendment) Act, 1960 (West Ben. Act 18 of 1960). [240] Section 20-A was
inserted by s. 19(1) of the West Bengal Land Reforms (Amendment) Act, 1972
(West Ben. Act 12 of 1972). [241] Section 20-B was
inserted by s. 19(2), ibid. [242] The words within the
square brackets were substituted for the words “the person, whose land was
cultivated by the bargadar” by s. 34(a) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [243] The words within the
square brackets were inserted by s. 34(b). ibid. [244] The words and figures
“save as provided in Section 19” were entitled by s. 20 of the West Bengal Land
Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [245] The words, figures
and teller within the square brackets were substituted for the words and
figures “sections 17 and 18” by s. 35(a) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act of 1981), w.e.f. 7.8.69. [246] Sub-section (3) was
inserted by s. 7 of the West Bengal Land Reforms (Amendment) Act, 1974 (West
Ben. Act 33 of 1974). [247] The words within the
square brackets were inserted by s. 35(b)(i) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [248] The words, figures
and brackets within the square brackets were substituted for the words “for
decision” by s. 35(b)(ii). ibid. [249] Sub-section (4) was
added by s. 35(c), ibid. [250] Section 21-A was
inserted by s. 2 of the West Bengal Land Reforms (Amendment) Act, 1969 (West
Ben. Act 11 of 1969). [251] Section 21-B was
inserted by s. 5 of the West Bengal Land Reforms (Amendment) Act, 1977 (West
Ben. Act 34 of 1977). [252] Section 21-C was
inserted by s. 36 of the West Bengal Land Reforms (Amendment) Act, 1981 (West
Ben. Act 1 of 1981) w.e.f. 7.8.69. [253] Sections 21-D and
21-E were inserted by s. 37 of the West Bengal Land Reforms (Amendment) Act,
1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [254] Section 21-D was
renumbered as sub-section (1) of that section and after sub-section (1) as so
renumbered, sub-section (2) was inserted by s. 2 of the West Bengal Land
Reforms (Amendment) Act, 1989 (West Ben. Act 23 of 1989) w.e.f. 7.8.69. [255] Section 21-D was
renumbered as sub-section (1) of that section and after sub-section (1) as so
renumbered, sub-section (2) was inserted by s. 2 of the West Bengal Land
Reforms (Amendment) Act, 1989 (West Ben. Act 23 of 1989) w.e.f. 7.8.69. [256] Sections 21-D and
21-E were inserted by s. 37 of the West Bengal Land Reforms (Amendment) Act,
1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [257] Section 22 was
substituted for the original section by s. 10 of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [258] Sections 23 and 25-A
were substituted for the original Section 23 by s. 11, ibid. [259] Sections 23 and 25-A
were substituted for the original Section 23 by s. 11, ibid. [260] Section 23-B was
first inserted by s. 5 of the West Bengal Land Reforms (Second Amendment) Act,
1969 (West Ben. Act 23 of 1969). Thereafter the same was substituted by s. 3 or
the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Ben. Act 28 of 1972). [261] The words and figures
within the square brackets were substituted for the words and figures “docs not
exceed 1,214 heclanes” by s. 6(1)(i) of the West Bengal Land Reforms
(Amendment) Act, 1977 (West Ben. Act 34 of 1977). [262] The figures and
abbreviations within the square brackets were substituted for the figures and
abbreviations “1376 B.S.” by s. 6(1)(ii), ibid. [263] The words, figures
and abbreviations within the square brackets were substituted for the words,
figures and abbreviations “1376 B.S. the total area of his land is reduced to
1.214 hectares or less.” by s. 6(1)(iii), ibid. [264] Clause (aa) was
inserted by s. 6(2), ibid. [265] Clause (b) was
substituted for the original clause by s. 6(3) ibid. [266] Section 23-C was
inserted by s. 8 of the West Bengal Land Reforms (Amendment) Act, 1974 (West
Ben. Act 33 of 1974). [267] The words, brackets,
letters and figure witin the square brackets is were substituted for the words,
brackets, letter and figure “clause (a) of sub-section (1)” by s. 7 of the West
West Bengal Land Reforms (Amendment) Act, 1977 (West Ben. Act 34 of 1977). [268] See foot-note 2 on
page 642, ante. [269] Omitted by s. 12 of
West Ben. Act 18 of 1965. [270] Omitted by s. 12 of
West Ben. Act 18 of 1965. [271] Omitted by s. 12 of
West Ben. Act 18 of 1965. [272] Omitted by s. 12 of
West Ben. Act 18 of 1965. [273] Omitted by s. 12 of
West Ben. Act 18 of 1965. [274] Omitted by s. 12 of
West Ben. Act 18 of 1965. [275] Omitted by s. 13 of
West Ben. Act 18 of 1965. [276] Omitted by s. 14 of
West Ben. Act 18 of 1965. [277] Omitted by s. 14 of
West Ben. Act 18 of 1965. [278] Substituted for the
original Section 33 by s. 15 or the West Bengal Land Reforms (Amendment) Act,
1965 (West Ben. Act 18 of 1965). [279] Substituted for the
original Section 34 by s. 16 of the West Bengal Land Reforms (Amendment) Act,
1965 (West Ben. Act 18 of 1965). [280] The provisos were
substituted for the original provisos by s. 9 of the West Bengal Land Reforms
(Amendment) Act, 1974 (West Ben. Act 33 of 1974). Prior to this substitution,
the original third proviso was added by s. 17 of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [281] The provisos were
substituted for the original provisos by s. 9 of the West Bengal Land Reforms
(Amendment) Act, 1974 (West Ben. Act 33 of 1974). Prior to this substitution,
the original third proviso was added by s. 17 of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [282] The provisos were
substituted for the original provisos by s. 9 of the West Bengal Land Reforms
(Amendment) Act, 1974 (West Ben. Act 33 of 1974). Prior to this substitution,
the original third proviso was added by s. 17 of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [283] The Explanation was
added by s. 4 of the West Bengal Land Reforms (Second Amendment) Act 1972 (West
Ben. Act 28 of 1972). [284] The words within the
square brackets were inserted by s. 38(a) or the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [285] The words within the
square brackets were substituted for the words “in the holding in such area” by
s. 38(b), ibid. [286] The proviso was
substituted for the original proviso by s. 38(c). ibid. [287] The words and figures
within the square brackets along with the marginal reference were substituted
far the wards and figures “the Bengal Co-operative Societies Act, 1940” along
with the marginal reference “Ben. Act 21 of 1940” by s. 39 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [288] The Bengal
Co-operative Societies Act, 1940 (Ben. Act 21 of 1940), was repealed, and
re-enacted by s. 3 of the West Bengal Co-operative Societies Act, 1973 (West
Ben. Act 38 of 1973). The latter Act was again repealed and re-enacted by s. 3
of the West Bengal Co-operative Societies Act, 1983 (West Ben. Act 45 of 1983). [289] The words and figures
within the square brackets along with the marginal reference were substituted
far the wards and figures “the Bengal Co-operative Societies Act, 1940” along
with the marginal reference “Ben. Act 21 of 1940” by s. 39 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [290] The words and figures
within the square brackets along with the marginal reference were substituted
far the wards and figures “the Bengal Co-operative Societies Act, 1940” along
with the marginal reference “Ben. Act 21 of 1940” by s. 39 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [291] The Bengal
Co-operative Societies Act, 1940 (Ben. Act 21 of 1940), was repealed, and
re-enacted by s. 3 of the West Bengal Co-operative Societies Act, 1973 (West
Ben. Act 38 of 1973). The latter Act was again repealed and re-enacted by s. 3
of the West Bengal Co-operative Societies Act, 1983 (West Ben. Act 45 of 1983). [292] The words and figures
within the square brackets along with the marginal reference were substituted
far the wards and figures “the Bengal Co-operative Societies Act, 1940” along
with the marginal reference “Ben. Act 21 of 1940” by s. 39 of the West Bengal
Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [293] The Bengal
Co-operative Societies Act, 1940 (Ben. Act 21 of 1940), was repealed, and
re-enacted by s. 3 of the West Bengal Co-operative Societies Act, 1973 (West
Ben. Act 38 of 1973). The latter Act was again repealed and re-enacted by s. 3
of the West Bengal Co-operative Societies Act, 1983 (West Ben. Act 45 of 1983). [294] The words, figures
and letter within the square brackets were substituted for the wards “exceeds
twenty-five notes so long as he continues to be a member of the society” by s.
21 of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of
1972). [295] Sub-section (6) was
omitted by s. 5 of the West Bengal Land Reforms (Second Amendment) Act, 1972
(West Ben. Act 28 of 1972). [296] Section 48-A was
inserted by s. 40 of the West Bengal Land Reforms (Amendment) Act, 1981 (West
Ben. Act 1 of 1981). [297] The figures and word
within the square brackets were substituted for the words “one hectare” by s.
14(a) of the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben.
Act 35 of 1986). [298] The words within the
square brackets were inserted by s. 14(b)(i) of the West Bengal Land Reforms
(Third Amendment) Act, 1986 (West Ben. Act 35 of 1986). [299] The words within the
square brackets were inserted by s. 14(b)(ii), ibid. [300] Firstly, in Section
49,— (a)
the figures and word “1.00 hectare” were substituted for the words “two acres”
by s. 22(i) of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben.
Act 12 of 1972). (b)
the second proviso was added by s. 22(ii), ibid. Then,
Section 49 was renumbered as sub-section (1) of that section and after
sub-section (1) as so renumbered, sub-sections (2), (3) and (4) were inserted
by s. 6 of the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Ben.
Act 28 of 1972). Thereafter, there occurred following changes in the aforesaid
sub-sections, namely. (i)
sub-section (1) was substituted by s. 2(i) of the West Bengal Land Reforms
(Amendment) Act, 1975 (West Ben. Act 23 of 1975). (ii)
sub-section (2) was substituted by s. 2(iii), ibid. and (iii)
firstly, in sub-section (3), the words “annulling settlement or both the
settlement and the transfer of any land, as the case may be,” were substituted
for the words “annulling settlement of any land” by s. 2(iv), ibid. Thereafter,
sub-section (3) was substituted by s. 5(c) of the West Bengal Land Reforms
(Amendment) Act, 1980 (West Ben. Act 41 of 1980). [301] Firstly, the figures
and word “0.4047 hectare” were substituted for the figures and word “1.00
hectare” by s. 5(a)(i) of the West Bengal Land Reforms (Amendment) Act, 1980
(West Ben. Act 41 of 1980). Thereafter, the figures and words within the square
brackets were substituted for the figures and word “0.4047 hectare” by s. 42 of
the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981),
w.e.f. 7.8.69. [302] The ‘second proviso
and the Explanation’ were substituted for the original ‘proviso and the
Explanation’ by s. 5(a)(ii) of the West Bengal Land Reforms (Amendment) Act,
1980 (West Ben. Act 41 of 1980). [303] The ‘second proviso
and the Explanation’ were substituted for the original ‘proviso and the
Explanation’ by s. 5(a)(ii) of the West Bengal Land Reforms (Amendment) Act,
1980 (West Ben. Act 41 of 1980). [304] Sub-section (1A) was
inserted by s. 2(ii) of the West Bengal Land Reforms (Amendment) Act, 1975
(West Ben. Act 23 of 1975). [305] See foot-note 3 on
page 649, ante. [306] The words within the
square brackets were substituted for the words, figure and brackets “was
obtained by any person under sub-section (1) by practising fraud or
misrepresentation,” by s. 5(b) of the West Bengal Land Reforms (Amendment) Act,
1980 (West Ben. Act 41 of 1980). [307] See foot-note 3 on
page 649, ante. [308] Sub-section (3A) was
inserted by s. 5(d), ibid. [309] See foot-note 3 on
page 649, ante. [310] Sub-section (4A) was
inserted by s. 15 of the West Bengal Land Reforms (Third Amendment) Act, 1986
(West Ben. Act 35 of 1986). [311] Sub-section (5) along
with its ‘Explanation’ was added by s. 5(e) of the West Bengal Land Reforms
(Amendment) Act, 1980 (West Ben. Act 41 of 1980). [312] The existing
‘Explanation’ was renumbered as Explanation I and after Explanation I us so
renumbered, Explanation II was added by s. 4 of the West Bengal Land Reforms
(Amendment) Act, 1996 (West Ben. Act 24 of 1996). [313] The existing
‘Explanation’ was renumbered as Explanation I and after Explanation I us so
renumbered, Explanation II was added by s. 4 of the West Bengal Land Reforms
(Amendment) Act, 1996 (West Ben. Act 24 of 1996). [314] Section 49-A was
inserted by s. 3 of the West Bengal Land Reforms (Amendment) Act, 1976 (West
Ben. Act 12 of 1976). [315] The heading under
Chapter VII was substituted for the original heading “Maintenance and revision
of the record-of-rights,” by s. 41 of the West Bengal Land Reforms (Amendment)
Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [316] The words within the
square brackets were substituted for the words “The Revenue Officer especially
empowered by the State Government in this behalf by s. 43, ibid. [317] Chapter VIIA along
with Section 50-A was inserted by s. 44 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [318] Chapter VIIA along
with Section 50-A was inserted by s. 44 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [319] The proviso was added
by s. 16 of the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben.
Act 35 of 1986). [320] Section 51 was
substituted for the original section by s. 18 of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [321] Sub-sections (4) and
(5) were first inserted by s. 10 of the West Bengal Land Reforms (Amendment)
Act, 1974 (West Ben. Act 33 of 1974). Thereafter, sub-section (4) was omitted
by s. 45 or the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act
50 of 1981), w.e.f. 7.8.69. [322] Sub-sections (4) and
(5) were first inserted by s. 10 of the West Bengal Land Reforms (Amendment)
Act, 1974 (West Ben. Act 33 of 1974). Thereafter, sub-section (4) was omitted
by s. 45 or the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act
50 of 1981), w.e.f. 7.8.69. [323] Sections 51-A, 51-B,
51-C and 51-D were inserted by s. 19 of the West Bengal Land Reforms
(Amendment) Act, 1965 (West Ben. Act 18 of 1965). [324] Sub-section (4) was
substituted for the original sub-section by s. 17(a) of the West Bengal Land
Reforms (Third Amendment) Act, 1986 (West Ben. Act 35 of 1986), Prior to this
substitution, the words “three years” were substituted for the words “one
year”, in the original sub-section (4), by s. 46(a) of the West Bengal Land
Reforms (Amendment) Act, 1931 (West Ben. Act 50 of 1981). [325] The portion within
the square brackets were substituted for the words, figures and teller “a
Special Judge appointed under Section 51-D for the purpose of this section” by
s. 23 of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12
of 1972). [326] The words within the
first brackets were substituted for the words “the Additional District
Magistrate” by s. 46(b) of the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. 7.8.69. [327] See foot-note 5 on
page 654, ante. [328] The word, figures and
letters within the squire brackets were inserted by s. 17(b) of the West Bengal
Land Reforms (Third Amendment) Act, 1986 (West Ben. Act 35 of 1936). [329] The words “until it
is proved by evidence to be incorrect” were omitted by s. 11 of the West Bengal
Land Reforms (Amendment) Act, 1974 (West Ben. Act 33 of 1974). [330] Section 51-B was
substituted for the original section by s. 47 of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [331] Section 51-BB was
inserted by s. 18 of the West Bengal Land Reforms (Third Amendment) Act, 1986
(West Ben. Act 35 of 1986). [332] See foot-note 2 on
page 654, ante. [333] Section 51-C was
renumbered us sub-section (1) of that section and after sub-section (1) as so
renumbered, sub-section (2) was inserted by s. 12 of the West Bengal Land
Reforms (Amendment) Act, 1974 (West Ben. Act 33 of 1974). [334] Section 51-C was
renumbered us sub-section (1) of that section and after sub-section (1) as so
renumbered, sub-section (2) was inserted by s. 12 of the West Bengal Land
Reforms (Amendment) Act, 1974 (West Ben. Act 33 of 1974). [335] See foot-note 2 on
page 654, ante. [336] Omitted by s. 24 of
the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972). [337] The heading under
Chapter VIII was substituted for the original heading “Management of estates
vested in the State” by s. 48 of the West Bengal Land Reforms (Amendment) Act,
1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [338] Section 52 was
substituted for the original section by s. 49, ibid. [339] Sections 52-A and
52-B were inserted by s. 50, ibid. [340] Sections 52-A and
52-B were inserted by s. 50, ibid. [341] The words, figures
and brackets were substituted for the words and figures “sections 6, 22, 39 and
40” by s. 5 of the West Bengal Land Reforms (Amendment) Act, 1966 (West Ben. XI
of 1966). [342] The words, figures,
letter and brackets within the square brackets were substituted for the word
and figure “section 6” by s. 7 of the West Bengal Land Reforms (Second Amendment)
Act, 1972 (West Ben. Act 28 of 1972). [343] Section 53-A was
inserted by s. 25 of the West Bengal Land Reforms (Amendment) Act, 1972 (West
Ben. Act 12 of 1972). [344] Section 54 was
renumbered as sub-section (1) or that section and in sub-section (1) as so
renumbered, clause (c) and the proviso thereto were Omitted by s. 26(i), ibid. [345] Clause (a) was
substituted for the original clause by s. 51(1) of the West Bengal Land Reforms
(Amendment) Act, 1981 (West Ben. Act 50 of 1981), w.e.f. 7.8.69. [346] Section 54 was
renumbered as sub-section (1) or that section and in sub-section (1) as so
renumbered, clause (c) and the proviso thereto were Omitted by s. 26(i), ibid. [347] After renumbering or
sub-section (1) as per foot-note 4 above, sub-sections (2), (3) and (4) were
added by s. 26(ii) of the West Bengal Land Reforms (Amendment) Act, 1972 (West
Ben. Act 12 of 1972), Thereafter, sub-section (3) was substituted by s. 51(2)
of the West Bengal Land Reforms (Amendment) Act, 1981) (West Ben. Act 50 of
1981), w.e.f. 7.8.69. [348] After renumbering or
sub-section (1) as per foot-note 4 above, sub-sections (2), (3) and (4) were
added by s. 26(ii) of the West Bengal Land Reforms (Amendment) Act, 1972 (West
Ben. Act 12 of 1972), Thereafter, sub-section (3) was substituted by s. 51(2)
of the West Bengal Land Reforms (Amendment) Act, 1981) (West Ben. Act 50 of
1981), w.e.f. 7.8.69. [349] See foot-note 6 on
page 658, ante. [350] Sub-section (5) was
added by s. 51(3) of the West Bengal Land Reforms (Amendment) Act, 1981 (West
Ben. Ant L of 1981), w.e.f. 7.8.69. [351] The words “or to the
Additional District Magistrate” were first inserted by s. 27(i) of the West
Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act 12 of 1972).
Thereafter, the words within the square brackets were substituted for the words
“to the Collector or to the Additional District Magistrate” by s. 52 of the
West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act 50 of 1981),
w.e.f., 7.8.69. [352] Clause (c) was
omitted by s. 27(ii) of the West Bengal Land Reforms (Amendment) Act, 1972
(West Ben. Act 12 of 1972). [353] Section 57 was
substituted for the original section by s. 2 of the West Bengal Land Reforms
(Second Amendment) Act, 1978 (West Ben. Act 37 of 1978). [354] The words, figures,
letter and brackets within the square brackets were substituted for the words
“The following” by s. 20(i) of the West Bengal Land Reforms (Amendment) Act,
1965 [West Ben. Act 18 of 1965). [355] The proviso was
omitted by s. 20(ii) of the West Bengal Land Reforms (Amendment) Act, 1965
(West Ben. Act 18 of 1965). [356] For rules made in
exercise of the power conferred by s. 60 of the Act, see notification No.
9796-L. Ref., dated the 1st June, 1956, published in the Calcutta Gazette,
Extraordinary, dated the 2nd June, 1956. Part page 1355, as subsequently
amended from time to time. [357] Sections 61, 62 and
63 were inserted by s. 53 of the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. 7.8.69. [358] Sections 61, 62 and
63 were inserted by s. 53 of the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. 7.8.69. [359] Sections 61, 62 and
63 were inserted by s. 53 of the West Bengal Land Reforms (Amendment) Act, 1981
(West Ben. Act 50 of 1981), w.e.f. 7.8.69.West Bengal Land Reforms Act, 1956[1]