WEST BENGAL LAND REFORMS ACT, 1955
.-(1) This Act may be called the West Bengal Land Reforms Act, 1955.
(2) It extends to the whole of West Bengal l[except the area described in Schedule I of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980) but not excepting the area included in the said Schedule, which, immediately before the coming into force of the Kolkata Municipal Corporation (Amendment) Act, 1983 (West Ben. Act XXXII of 1983). was comprised in the Municipality of Jadavpur. South Suburban or Garden Reach) :
1. Subs. by the West Bengal Land Reforms [Amendment) Act, 1986 [West Ben. Act V of 1986) [with retrospective effect from 4.1.1984) for "except the area described in Schedule I of the Calcutta Municipal Act, 1951 [West Ben. Act XXXII of 1951) as deemed to have been amended under section 594 of that Act".
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 context,-
(1) "Agricultural year" means the Bengali year commencing on the first day of Baisakh :
(2) "bargadw" 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 1 [and includes a person who under the system generally known as kisani 2[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) 3[, but does not include a person who is related to the owner of the land as -
1. Ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971).<
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 of 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 (West Ben. Act XX of 1949) shall vest in the State free from all encumbrances. and the provisions of sections 5 and 5A of the West Bengal Estates Acquisition Act, 1953 (West Ben. Act I of 1954) 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 nonagricultural tenant or under-tenant were a raiyat.
1. Section 3 subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969), which was earlier as under :
"3. Act to override o
(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 2[plot of land] and the 2[plot of land] shall be heritable and transferable.
2. Subs. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003) of "holding".
3[Explanation.-For the removal of doubts. it is hereby declared that any person or institution who holds any plot of land
3. Explanation ins. by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with retrospective effect from 7.8.1969).
(a) under any permit lease or licence 4[granted by the State Government]; or
4. Subs. by the West Bengal
Section 4 of the West Bengal Land Reforms Act, 1955, is a pivotal provision that delineates the rights of raiyats (tenants) regarding their land holdings. It forms the backbone of land tenure reforms aimed at conferring ownership rights, restricting unauthorized land use, and regulating land transactions in West Bengal. The section has undergone various amendments and interpretations through case law, reflecting its importance in land reform jurisprudence.
Section 4 primarily states that, subject to the provisions of the Act, a raiyat shall be recognized as the owner of his land, with heritable and transferable rights. It also explicitly restricts raiyats from sub-soil rights, quarrying, or using earth and clay for non-agricultural purposes without prior permission from the prescribed authority. The section lays down the fundamental rights of raiyats and sets limitations on their rights concerning sub-soil and mineral rights.
This concise commentary encapsulates the legal essence, scope, and judicial interpretations of Section 4 of the West Bengal Land Reforms Act, 1955, highlighting its foundational role in land tenure reforms and land use regulation in West Bengal.
.-(1) In the Sadar sub-division. Kalimpong sub-division and Kurseong sub-division of the district of Darjeeling. The 6[Collector] 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 7[plot of land] or prohibiting a raiyat from cutting more than one tree from 7[plot of land] except with the previous permission in writing of the 6[Collector] or such other officer as may be authorised by the State Government in this behalf:
5. Section 4A ins. By the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) (with effect from 1.11.1965).
6. Subs. By the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "Deputy Commissioner".
7. Su
Section 4(a) of the West Bengal Land Reforms Act, 1955, primarily deals with the rights of raiyats (tenants) concerning their landholdings, specifically focusing on their rights to quarry sand or permit others to do so from their land. This section plays a crucial role in regulating the use and transfer of land rights in the context of land reforms aimed at protecting tenants' rights and preventing unauthorized or illegal extraction activities.
Section 4(a) stipulates that a raiyat (tenant) has the right to quarry sand or permit others to quarry sand from his plot of land. The section emphasizes that such rights are subject to the provisions of the Act and any rules made thereunder. It essentially recognizes the right of a raiyat to extract sand, which is a minor mineral, for his own use, but also regulates the extent and manner of such rights.
While Section 4(a) itself primarily recognizes rights, violations such as unauthorized quarrying or extraction can attract penalties under other provisions of the Act or related rules (e.g., Sections 4(2-A), 4(2-B)). Penalties may include fines, imprisonment, or other sanctions as prescribed under the Act, especially if activities are carried out without necessary permissions or in contravention of rules.
In summary, Section 4(a) of the West Bengal Land Reforms Act, 1955, provides a regulated framework for tenants regarding sand quarrying rights, balancing tenant rights with environmental and land use regulations. Violations are penalized under the broader legal framework, ensuring lawful and sustainable land and mineral resource management.
Note: References are based on the provided sources, especially from case laws and legal interpretations related to Section 4(a) and its context.
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.
5. Section 4C ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.9.1969).
1[Explanation.-For the purposes of this sub-section. mode of use of land may be residential, commercial, industrial, agriculture excluding plantation of tea. Pisciculture, forestry, sericulture, horticulture, public utilities or other use of land.]
1. Explanation added by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.
.-(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 4C or any violation of the order of the Collector under sub-section (5) of section 4C.
3. Section 40 ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
4[shall be a cognizable and non-bailable offence and shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with both:]
4. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "shall be an offence punishable with imprisonment which may extend to three years or with
No transfer (including sales in execution of a decree of a civil court 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 (Act 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 :
3. Section 4E ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
Provided tha
.-(1) A transfer of the 4[plot of land) 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
4. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holding".
(a) the sale price, or where there is no sale price the value of the 4[plot of land] or portion or share thereof transferred, is stated therein: 5[* * *)
4. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holding".
5. The word "and" omitted by the West Bengal Land Reforms (Amendment] Act, 1981
(1) A mortgage by a raiyat of his 4[plot of land] or any share thereof other than -
3. Subs. by the West Bengal Land Reforms [Amendment) Act, 2000 [West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holdings"
4. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding".
(a) a simple mortgage or
(b) a usufructuary mortgage for a period not exceeding fifteen years. 5[or] 6[(c) a mortgage by deposit of title deeds in favour of -
5. Ins. by the West Bengal Land Reforms [Amendment) Act, 1971 (President’s Act III of 1971) and then by the West Bengal Land Reforms [Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971)
&
(1) If a portion or share of a 2[plot of land of a raiyat] is transferred to any person other than a 3[co-sharer of a raiyat in the plot of land], 4[the 5[bargadar in the plot of land] may. within three months of the date of such transfer. or] any 6[co-sharer of a raiyat in the plot of land] may, within three months of the service of the notice given under sub-section (5) of section 5 or any raiyat possessing land 7[adjoining such plot of land] may within four months of the date of such transfer apply to the 8[Munsif having territorial jurisdiction] for transfer of the said portion or 1[share of the plot of land] to him. subject to the limit mentioned in 2[section 14M.] on deposit of the consideration money together with a further sum of ten per cent of that amount :
2. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding of a raiyat".
&nb
.-(1) On the deposit mentioned in sub-section (1) of section 8 being made the 5[Munsit] 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. ceases or taxes for any period. The 5[Munsit] 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
On an order under section 9 being made (a) the right, title and interest of 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 1[plot of land) shall vest in the raiyat whose application for transfer has been allowed by the Revenue Officer or by the Munsif 2[or. after the commencement of section 8 of the West Bengal Land Reforms (Amendment) Act, 1971 (President’s Act III 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:
1. Subs. by the West Bengal Land Reforms [Amendment) Act, 2000 (West Ben. Act XXXI of 2000) [with retrospective effect from 7.8.1969) for "holding".
2. The words "or after the commencement of section 8 of the West Bengal
3[* * *]
. Section 11 omitted by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969). which was earlier as under :
"11. Diluviated lands.-
(2) The right. title and interest of the raiyat shall subsists in such holding or portion thereof during the period of loss by diluvion not exceeding twenty years and the raiyat shall on its reappearance 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 5[a plot of land.] whether from the recess of a river or of the sea. shall vest in the State Government and the raiyat who owns 6[the plot of land] shall not be entitled to retain such land as an accretion thereto.)
4. Section 12 subs. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965).
5. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "a holding....
6. Subs. by ibid (with retrospective effect from 7.8.1969) for "the holding".
7[* * *]
7. Section 13 omitted by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) with retrospective effect.
.]-(1) Partition of a 2[plot of land] among 3[co-sharers of a raiyat owning it] shall be made either by(a) a registered instrument; or (b) a decree or order of a Court.
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. "Act XXXI of 2000) (with retrospective effect from 7.8.1969) for -Partition of a holding among co-sharer raiyats.".
2. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding".
3. Subs. by ibid (with retrospective’ effect from 7.8.1969) for "co-sharer raiyats owning it".
(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 2[plot of land] and the ar
The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained elsewhere in this Act.
Save as provided in section 14C, 4[any transfer. other than restoration made under section 14E. by a raiyat] belonging to a Scheduled Tribe of his 5[plot of land] or part thereof shall be void.
4. Subs, by the West Bengal Land Reforms (Amendment) Act, 2010 (West Ben. Act XXVIII of 2010) for "any transfer by a raiyat".
5. Subs. by the West Bengal (and Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holding".
.-(1) A raiyat belonging to a Scheduled Tribe may transfer his 5[plot of land] or part thereof in anyone of the following ways. namely ;(a) by a complete usufructuary mortgage entered into with a person belonging 6[to a Scheduled Tribe] for a period not exceeding seven years:
5. Subs. by the West Bengal (and Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holding".
6. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) for "to the same Scheduled Tribe to which the transferor belongs".
(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 Cooperative Society:
.-(1) No transfer of any land or any interest in such land by a raiyat belonging to a Scheduled Tribe shall be valid unless made by a registered instrument.
1. Section 140 subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969). which was earlier as under :
"14D. No registration or recognition of transfers in contravention of section 14C.-(1) No transfer by a raiyat belonging to a Scheduled Tribe shall be valid unless made by a registered instrument.
(2) No instrument of transfer made in contravention of section 14C shall be registered or in any way recognised as valid in any court exercising civil. criminal or revenue jurisdiction,".
(2) Notwithstanding anything contained in th
.-(1) If a transfer of a 1[plot of land] or any portion thereof is made by a raiyat belonging to a Scheduled Tribe in contravention of the provisions of section 14C 2[or if the permission for J-he transfer is found after an inquiry in the prescribed manner. to have been obtained by misrepresentation or fraud], or if in the case of complete usufructuary mortgage referred to in clause (a) 3[* * *] of sub-section (1) of section 14C. 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. 4[annul the transfer. where necessary. and] eject the transferee from such 1[plot of land] or part of thereof:
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 [West Ben
2[(1)) No decree or order shall be passed by any court for the sale of the 1[plot of land) or any portion thereof, of a raiyai belonging to a Scheduled Tribe nor shall any such 1[plot of land) be sold in execution of any decree or order.
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000t (with retrospective effect from 7.8.1969) for "holding".
2. Original section 14 renumbered as sub-section (1) of that section by the West Bengal Land Reforms’ (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
3[(2) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Act 5 of 1908) and the Indian Contract Act, 1872 (Act 9 of 1872), no decree or order relating to any land or interest in such land shall be passe
.-(1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Act 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.
4. Section 14FF ins. by ibid (with retrospective effect from 7.8.1969). .
(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 III of 1913), in respect of the 5[plot of land] of a raiyat belonging to a Scheduled Tribe, the Certificate Officer shall. before a proclamation for sale of the 5[plot of land) 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 5[plot of land] and put another person belonging to a Scheduled Tribe in possession of the 5[plot of land) for a period not exceeding seven years on payment of the amount due in respect of the certificate by him: or (b) sell the 5[plot of land) 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 Officer. not being less than the
An appeal if presented within thirty days from the date of the order appealed against shall lie 2[to the Munsif having jurisdiction] from any order made under sub-section (4) of section 3[ 14C or section 14E] or section’ 14G and his order shall be final :
2. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971) for "to the Collector of the District".
3. Subs. by ibid (with retrospective effect from 12.2.1971) for "14C".
Provided that an application for revision or modification of the order passed by 4[Munsif on appeal shall lie to the District Judge] if made within sixty days from the date of the order :
4. Subs. by ibid (with retrospective effect from 12.2.1971) for "Colle
Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 (Act 5 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.]
5. Section 14HH ins. by the West Bengal Land Reforms (Second Amendment) Act, 1986 (West Ben. Act XIX of 1986).
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.]
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 :
3. Section 14J subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.19891. which was earlier subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) and was as under:
"14J. Provisions of Chapter IIB to have overriding effect.-Without prejudice to the provisions contained elsewhere in this Act the provisions of this Chapter shall have effect notwithstanding anything inconsistent therewit
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 raiyat 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 wh
6[Subject to the provisions of sub-section (3) of section 14Q. section 14Y and sub-section (2) of section 14Z. 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 14M.
6. Subs. by the West Bengal Land Reforms (Amendment) Act, 1996 (West Ben. Act XXIV of 1996) for "On and from the commencement".
.-(l) 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 a
(1) If any question arises as to whether any land is or is not within an irrigated area such question shall be 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 14N 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 :
1. Section 14P subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986), which was earlier amended by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with effect from 7.8.1969) and was as under:
"14P. Land transferred after 7th August. 1969. to be taken into account for determining the ceiling area.-In determining the ceiling area any land which was transferred by sale gift or otherwise or partitioned, by a r
.-(1) 1[* * *]
1. Sub-section (1) omitted by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003), which was earlier as under :
"(1) Subject to the provisions of sub-section (2), the ceiling area for a cooperative 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 area 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
The provisions of section 14M shall not apply-
(a) to any land owned as a raiyat by a local authority 1(pan) authority constituted or established by 2[or under] any law for the time being in force:
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for any body or".
2. Ins. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989), which were earlier omitted by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
(b) for such period as may be specified by the State Government by notification in the Official Gazette, to any land in such hilly port
.-(1) On the commencement of the provisions of this Chapter, 3[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 encumbrances.
3. Ins. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).
(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 4[0.4047 hectare of land used for agriculture]. shall, on the commencement of the provisions of this Chapter 3[or on any subsequent date,) stand terminated.
3. Ins. by the West Bengal Land Reforms (Third Amendm
.-(1) Upon vesting of any land in the State under any of 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.
5. Section 14SS ins. by ibid (with retrospective effect from 7.8.1969).
(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
.-(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 14M 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 subsection.
(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 14S and take po
(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 14M shall not after the publication in the Official Gazette of the 1[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 14S has been determined and taken possession of by or on behalf of the State :
1. Subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) for West Bengal Land Reforms (Amendment) Act, 1981". which were earlier subs. by the West Bengal Land Reforms (Amendment) Act 1981 (West Ben. Act L of 1981) for "West Bengal Land Reforms (Amendment) Act, 1971".
2[Provided that
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 14T 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 ge assessed an amount calculated at the rate of Rs. 135 for an area of 0.4047 hectare.)
2. Section 14V subs. by the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act XLI of 1980), which was earlier as under :
"14V. Compensation. - The principles on which, and the manner in which compensation for the vesting of any land in the State under the provisions of this Chapter is to be determined and gi
3(* * *)
3. Section 14W omitted by ibid which was earlier as under:
"14W. Damages for use and occupation of land.-(1) A raiyat who possesses after the commencement of the provisions of this Chapter, any land in excess of the ceiling area shall be liable to pay to the State Government for the period for which he has possessed such land, such compensation for the use and occupation of such land as the Collector may fix in the prescribed manner.
(2) Any sum payable by a raiyat as damages for use and occupation of any land shall ’be recoverable as a public demand."
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.
1[14Y. Limitation on future acquisition of land by a raiyat.-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 14M. 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.]
1. Secti
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:
7. Section 14Z ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
1[Provided that nothing of this section shall apply to the land possession of which has been allowed to be retained under clause (g) 2[or under clause (m of sub-section (1) read with sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953 (We
4 [(l)] The provisions of clauses (b) and (c) of sub-section (4) of section 4 shall not apply to the 1[plot of land] of a raiyat or any part of it which is cultivated by a bargadar so long as cultivation by a bargadar continues.
3. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holdings".
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holding".
4. Original section renumbered as sub-section (1) of that section by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
2[(2) The right of cultivation of land by
.(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 :
3. Section 15A ins. by the West Bengal Land Reforms (Amendment) Act, 1970 (President’s Act XVI of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 13.7.1970).
Provided that where the lawful heirs of the bargadar omit or fail to make a determination as required by this sub-section the offi
.-(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 1[75 : 25), in all other cases.
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 1970 (President’s Act XVI of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 13.7.1970) for -60 : 40".
2[(2) The bargadar shall tender, within the prescribed period, to the person whose land he cultivates. the share of the produce due to such person.
2. Sub-sections (2) to
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. forcibly or otherwise 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. Section 16A ins. by the West Bengal Land Reforms (Second Amendment) Act, 1969 (West Ben. Act XXIII of 1969).
.-(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 2[***] or has used it for any purpose other than agriculture;
2. The words "or has neglected to cultivate It properly" omitted by the West Bengal Land Reforms (Amendment) Act, 1970 (President’s Act XVI of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective, effect from 13.7.1970).
(b) that the land is not cultivated by the bargadar personally;
3 [(c) that the bargadar has fail
.-(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.
5 [(aa) recovery of produce under section 16A.]
5. Clause (aa) ins. by the West Bengal Land Reforms (Second Amendment) Act, 1969 (West Ben. Act XXIII of 1969).
(b) termination of cultivation by the bargadar,
(c) 6[ * * *]
6. Clause (c) omitted by the West Bengal Land Reforms (Amendment) Act, 1970 (President’s Act XVI of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 13.7.1970). which was earlier as under:
"(c) p
.(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.
5. Section 18A ins. by the West Bengal Land Reforms (Amendment) Act, 1960 (West Ben. Act VI of 1960) with retrospective effect.
(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, 1
.-(1) An appeal shall lie to the 1[Collector], having jurisdiction over the area in which the land is situated against any order made under section 17 or section 18 2[or sub-section (3) of section 21.] The 1[Collector] shall on an appeal being disposed of send a copy of his order to the officer or authority whose decision is appealed against.
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) for "Sub-Divisional Officer". which were earlier subs. by the West Bengal Land Reforms [Amendment) Act, 1970 (President’s Act XVI of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 13.7.1970) for "Munsif".
2. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) for "except where such order was made w
5[(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.
4. Sections 19A and 19B ins. by the West Bengal Land Reforms (Amendment) Act, 1957 (West Ben. Act XXIII of 1957).
5. Original section renumbered as sub-section (1) of that section by the West Bengal Land Reforms (Amendment) Act, 1966 (West Ben. Act XI of 1966).
6[(2) If. after the commencement of the West Bengal Land Reforms (Amendment) Act, 1966. any person owning any land terminates or causes to be terminated 7[or attempts to terminate] the cultivation of the land by a bargadar in contravention of the provisions of this Act he shall be guilty of an offence punisha
.-(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 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 3[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
(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 appointed by the State Government. in such manner as may be prescribed.
4[(3) No order for the ejectment of a bargadar shall he executed except during the months of the Bengali year specified below :
4. Sub-section (3) of section 20 subs. by the West Bengal Land Reforms (Second Amendment) Act, 1960 (West Ben. Act XVIII of 1960), which was earlier as under :
"(3) No order for ejectment of a bargadar shall be executed except during the month of Chaitra or Baisakh of Bengali year.".
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 XI 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’s Act XVI of 1970). then such order shall on such commencement, 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 XII of 1972).]
1. Section 20A ins. by the West Bengal Land Reforms (Amendment) Act, 1
(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.
2. Section 20B ins. by the West Bengal Land Reforms (Amendment) Act, 1971 (President’s Act III of 1971) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971).
3[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.
3. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) for "the person whose land was cultivated by
(1) 2[***] No order or other 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 3[sections 17, 18, 19B and 20B].
2. The words "Save as provided in section 19" omitted by the West Bengal Land Reforms (Amendment) Act, 1970 (President’s Act XVI of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 13.7.1970).
3. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) for "sections 17 and 18".
(2) On the appointment of officer or authorities under this Chapter all proceedings pending before any Bhagchas Conciliation Board established under the West Bengal Bargadars Ac
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, which are pending before the appropriate authority at the date of commencement of the West Bengal Land Reforms (Amendment) Act, 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.]
2. Section 21A ins. by the West Bengal Land Reforms (Amendment) Act, 1969 (West Ben. Act XI of 1969) and remained in force for 1 year (with effect from 4.8.1969).
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 he 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.]
3. Section 21 B ins. by the West Bengal Land Reforms (Amendment) Act, 1977 (West Ben. Act XXXIV of 1977).
.-(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.
4. Section 21 C ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
(2) The State Land Corporation 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 property to advance funds to enter into contracts to institute and defend suits cases and all other legal proceedings and to do all things necessary for the purpose of carrying on its object.
(3) The object of the Corporation shall be to ad
2[(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.
1. Sections 21D and 21E ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
2. Original section renumbered as sub-section (1) of that section by the West Bengal Land Reforms (Amendment) Act, 1989 (West Ben. Act XXIII of 1989) (with retrospective effect from 7.8.1969).
1[(2) The provisions of sub-section (1) shall have effect notwithstanding anything contained in Chapter VII or Chapter VIIA of this Act.]
1. Sub-section (2) ins. by the West Bengal Land Reforms (Amendment) Act.
1989 (West Ben. Act XX
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 (Act 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.]
.-(1) A raiyat shall be liable to pay revenue for his plot of land.
(2) Revenue shall be a first charge on land held by the raiyat.
Notwithstanding anything to the contrary contained in any judgement. decree or order of any court or tribunal or in any law for the time being in force, a raiyat shall pay as revenue, determined at the rate as stated in column (3) of the Table below in respect of the category of plot of land as mentioned in column (2) of the said Table. with effect from such date, as the State Government may, by notification in the Official Gazette, specify ;-
3. Section 23 subs. by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with effect from 1.12.20051. what was earlier as under :
"23. Determination of revenue.-Notwithstanding anything to the contrary contained in any judgment decree or order of any court or tribunal or in any law for the time being in force a raiyat shall pay as revenue in the following manner wit
Notwithstanding anything contained elsewhere in this Act, the following lands shall be exempted from the payment of revenue under this Act
1. Section 23A ins. by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with effect from 1.12.2005).
(a) land owned by the Central Government the State Government and the local bodies:
(b) land used as public roads burial grounds places of worship burning that or for such other public purposes as may be prescribed: and
(e) land held by the Government sponsored educational institution.]
2[Explanation.-For the purpose of this section. the expression "Government sponsored educational institution" means the educational institution which i
.(1) Notwithstanding anything contained in this Chapter.(a) where the Revenue Officer on his own motion or on an application made by a raiyat makes an order that the total area of land held by a raiyat and his family does not exceed 2.428 hectares. the raiyat and his family shall be exempted from paying revenue with effect from the 1st day of Baisakh, 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 IX of 1880),’ or the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of 1973), or the West Bengal Rural Employment and Production Act, 1976 (West Ben. Act XIV of 1976), or any other law for the time being in force, on the basis of the revenue of his land determined under section 23:
Provided further that no exemption shall be ma
The revenue payable by a raiyat may. in the manner to be prescribed. by altered by the Revenue Officer if the land held by the raiyat and his family has increased or decreased in area by diluvion, amalgamation, purchase, partition, subdivision. acquisition or any other cause whatsoever subsequent to the determination of 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 office of the Revenue Inspector or at such other places and in such manner as may be prescribed.
(3) Any instalment of revenue or part thereof which is not duly paid within 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.
The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained in the West Bengal Land Holding Revenue Act, 1979 (West Ben. Act XLIV of 1979).
The West Bengal Land Holding Revenue Act, 1979. shall stand repealed with effect from such date as the State Government may by notification in the Official Gazette, appoint.
Omitted
Omitted
Omitted
Omitted
Omitted
Omitted
Omitted
Omitted
The State Government may(a) on the representation of raiyats in any area. or (b) on its own motion.
acquire the lands in any area 3[as may be necessary] on payment of compensation to the raiyats owning them when the lands comprised in the 2[plots of land] of the raiyat in such area are not in compact blocks. if the State Government is of the opinion that the lands comprised 4(in the 2[plots of land] in such area] should be consolidated :
2. Subs. by ibid (with retrospective effect from 7.8.1969) for "holdings".
3. Ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
4. Subs. by ibid (with retrospective effect from 7.8.1969) for "in the holding in such area".
&n
On such acquisition being made. the State Government shall re-arrange 6[the plots of land] 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 7[a plot of land] comprising the same area. and, as far as possible. lands of the same quality and value as before the consolidation :
6. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "the holdings".
7. Subs. by ibid (with retrospective effect from 7.8.1969) for "a holding".
Provided that no raiyat shall be entitled to receive any land in excess of the area held by him prior to acquisition :
&nb
If the 8[plot of land] of a raiyat which is acquired for the purposes of consolidation is subject to any encumbrance. such encumbrance 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.
8. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding".
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 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. Cooperative Societies for the registration of such society under 2[the West Bengal Co-operative Societies Act, 1973 (West Ben. Act XXXVIII of 1973).
1. Sections 43 to 48 have come into force with effect from 17.1.1977 vide Notification No. 158 L. Ref./2A-26/76 dated 14.1.1977.
(2) The Registrar may. after such enquiry as he may deem fit. register the society under 2[the West Bengal Co-operative Societies Act, 1973), and grant a certificate of registration and on such registration the provisions of 2[the West Bengal Co-operative Societies Act, 1973), subject to the special provisions of this Act, shall apply to such a society and
(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. Sections 43 to 48 have come into force with effect from 17.1.1977 vide Notification No. 158-L., Ref./7 A-26/76 dated 14.1.1977.
(2) Subject to the restrictions mentioned in sub-section (1). the shares held by a member of a Co-operative Farming Society shall be transferable and heritable.
No Cooperative 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.
2. Sections 43 to 48 have come into force with effect from 17.1.1977 vide Notification No. 158-L., Ref./7 A-26/76 dated 14.1.1977.
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 been 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.
2. Sections 43 to 48 have come into force with effect from 17.1.1977 vide Notification No. 158-L., Ref./7 A-26/76 dated 14.1.1977.
When a Co-operative Farming Society is established under the provisions of this Act, the aggregate of the revenue which would have been payable by its members for their lands if such lands had not been 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.
2. Sections 43 to 48 have come into force with effect from 17.1.1977 vide Notification No. 158-L., Ref./7 A-26/76 dated 14.1.1977.
(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. Sections 43 to 48 have come into force with effect from 17.1.1977 vide Notification No. 158-L., Ref./7 A-26/76 dated 14.1.1977.
(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 confessional rates;
(c) free technical advice by the experts of the State Government;
(d) financial assistance on such terms and conditions as may be prescribed; and (e) ar
(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 Cooperative Societies Act, 1973 (West Ben. Act XXXVIII of 1973).
1. Section 48A ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
(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-operat
2[(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 of the locality where the land is situated, and who together with other members of their family, own no land or less than 3[0.4047 hectares of land used for the purpose of agriculture). one half of the hinds cultivated by them qS bargadars being taken into account for the purpose of calculating the aggregate of such land, and subject to the following conditions, namely :
2. Sub-section (1) subs. by the West Bengal Land Reforms (Amendment) Act, 1975 (West Ben. Act XXIII of 1975), which was earlier renumbered as sub-section (1) of that section by the West Bengal Land Reforms (Seco
Any person who
1. Section 49A ins. by the West Bengal Land Reforms (Amendment) Act, 1976(West Ben. Act XII of 1976).
(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.]
1[Maintenance of the record-of-rights]
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 [West Ben. Act L of 1981) [with retrospective effec
2[(1)) 3[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;
2. Original section renumbered as sub-section (1) of that section by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000). (with retrospective effect form 7.8.1969).
3. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) for "The Revenue Officer specially empowered by the State Government in this behalf".
(b) partition, exchange, or consolidation of lands comprised in 4[plots of land], or establishment of Co-operative Farming Societies;
4. Subs. by the West Bengal L
Section 50 shall not apply to any district or part of such district where Chapter VIIA has come into force: for the purpose of revision or preparation of records-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 51A:
7. Section 50A ins. by ibid (with retrospective effect from 7.8.1969).
1[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 2[prescribed authority appointed) under section 50 to incorporate such changes as may be specified in the said order in the record-of-rights in respect of such district or part of such district under section 50, if the State Government is satisfied that incorporat
.-(1) The State Government may in any case where it so thinks fit, make an order by notification published in the Official Gazette, directing that the record-of-rights in respect of a district or part of a district, as maintained up-to-date under section 50 be modified by eliminating from such record the entries, if any which have been deleted and scored out under that section from time to time
3. Section 50B ins. by ibid (with retrospective effect from 7.8.1969).
(2) When an order is made under sub-section (1), the prescribed authority appointed under section 50 (hereinafter referred to in this section as the prescribed authority) (shall modify in the prescribed manner the record-of-rights in accordance with the provisions of sub-section (1).
(3) When a record-of-rights is modified, the presc
.-(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 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.
1. Section 51 subs. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965).
(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.]
&nbs
.-(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.
4. Section 51A ins. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965).
(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 stating the fact of such final publication and the date thereof and shall date and subscribe the same under his name and official
.(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 :
3. Section Sub-subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969), which was earlier added by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) as under :
"51B. Correction of entry in record-of-rights.-Any Revenue Officer specially empowered by the State Government in this behalf may. of his own motion at any
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 :
1. Section 51BB ins. by the West Bengal Land Reforms (Third Amendment) Act. 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).
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 fi
3[(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 51A 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.
2. Section 51 C ins. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965).
3. Original sectio
5[ * * *]
5. Section 51D omitted by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972). which was earlier ins. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) as under :
"51D. Appointment of Special Judge.-The State Government may appoint a person who is or has been a District Judge or an Additional District Judge for the purpose of sub-section (5) of section 51A.".
.-(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. Section 52 subs. by ibid (with retrospective effect from 7.8.1969). which was earlier as under :
"52. Management of Estates.-All lands and all interests belonging to the State shall, unless the State Government otherwise directs by any general or special order and subject to such rules as may be made by the State Government in this behalf, be managed by the Collector of the district in which the lands are situated :
Provided that the State Government may entrust the management of all lands belonging to it in area to such authority as may be prescribed and such authority shall. thereupon manage the lands subject to the control of the State Government
The State Government may while making rules under section 52, provide for the establishment of any Government Company or any cooperative society or any institution in the public interest for utilisation of any land.
4. Sections 52A and 52B ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
5[(1)) 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 1[by an order of the Revenue Officer, who shall use such force as may be required for the purpose of such eviction].
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with effect from 1.12.2005) for "by an order of the prescribed authority in accordance with’ the provisions of section 49".
5. Original section renumbered as sub-section (1) of that section by the West Bengal Land Reforms (Amendment) Act, 2005 (
The State Government may by a notification in the Offical Gazette delegate any of the powers under sub-section (2A) of section 4, sub-section (2) of section 14U, section 22, section 39 and section 40, to be exercised 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· a 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.]
3. Section 53A ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972).
4[(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
4. Original section renumbered as sub-section (1) of that section by ibid.
5[(a) to a Collector, when the order is made by a Revenue Officer or revenue authority below the rank of a Collector;]
5. Clause (a) subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969). which was earlier as under :
"(a) to the Collector of the district. when the order is made by a Revenue Officer or revenue authority below the rank of a Collector of a district:".
(b) to the Commissioner of the Division.
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 5[to a Collector)-thirty days;
5. Subs. by ibid (with retrospective effect from 7.8.1969) for "to the Collector or to the Additional District Magistrate", in which the words "to the Additional District Magistrate" were earlier ins. by the West Bengal Land Reforms (Amendment) Act, 1971 (President’s Act III of 1971) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971).
(b) when the appeal lies to the Commissioner of a Division-sixty days;
(c) 1 [* * *].
&nb
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 surveyor 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 (Act 5 of 1908), for the purpose of(a) summoning and enforcing the attendance of any person and examining him on oath as a witness.
2. Section 57 subs. by the West Bengal Land Reforms (Second Amendment) Act. 1978 (West Ben. Act XXXVII of 1978), which was earlier as under :
"57. Power to compel production of records and documents and to enforce attendance of witness.-Subject to the provisions of this Act and any rules made under this Act, any officer in dealing with proceedings under this Act, shall exercise the powers of a Civil Court under the Code of Civil Procedure. 1908. for the purposes of enforcing the attendance of witnesses an
The State Government may. by order published in the Official Gazette vest any officer or authority with all or any of the powers of a Civil Court under the Code of Civil Procedure. 1908 (5 of 1908).]
3. Section 57A ins. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969).
.-(1) No suit prosecution or other legal proceedings 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 proceedings 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.
1[Without prejudice to the provisions of clause (p) of section 2 of the West Bengal Estates Acquisition Act, 1953 (West Ben. Act I of 1954). the following] Regulation and Acts are hereby repealed. Namely -
1. Subs. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) for -The following".
(1) The Bengal Alluvion and Diluvion Regulation 1825 (Ben. Regn. XI of 1825).
(2) The Bengal Alluvion and Diluvion Act, 1847 (Ben. Act IX of 1847).
(3) The Bengal Alluvial Land Settlement Act, 1858 (Ben. Act XXXI of 1858).
(4) The Bengal Rent Act, 1859 (Ben. Act X of 1859).
(5) The Bengal Tenancy Act, 1885 (Ben. Act VIII of 1885).
(1) The State Government may after previous publication make 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.
3. Sections 61 to 63 ins. by the West Bengal Land Reforms (Amendment) act. 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
(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 rel
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 Government 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 L 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 XX 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.]
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