Hi Guest , Click Here to Read the rest of this document

WEST BENGAL LAND REFORMS ACT, 1955

S.1 Short title, extent and commencement

       .-(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".
       2[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 3[the area described in Schedule I of the Kolkata Municipal Corporation Act, 1980, [with effect from such date or dates as may be specified in the notification.]
       2. Proviso added by the West Bengal Land Reforms [Amendment) Act, 1981 [West Ben. Act L of 1981) [with retrospective effect from 7.8.1969).
       3. Subs. by the West Bengal Land Reforms [Amendment) Act, 2005 [West Ben. Act XXVIII of 2005) [with retrospective effect from 4.1.1984) for "the area described in Schedule I to the Calcutta Municipal Act, 1951 [West Ben. Act XXXIII of 1951)."
       (3) This section shall come into force at once and the remaining provisions of this Act, in whole or in part, shall come into force on such date or dates 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.

S.1(a) Declaration as to the policy of the State

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.

S.2 Definitions

       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).
       2. Ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
       3. Ins. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969).
       (a) wife, or
       (b) husband, or
       (c) child, or
       (d) grand child, or
       (e) parent, or
       (h) grand parent, or
       (g) brother, or
       (h) sister, or
       (i) brother’s son or brother’s daughter, or
       (j) sister’s son or sister’s daughter, or
       (k) daughter’s husband, or
       (l) son’s wife, or
       (m) wife’s brother or wife’s sister, or
       4 [(ma) husband’s brother, or)
       (n) brother’s wife];
       4. Sub-clause (ma) ins. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003).
       5[Explanation.-A bargadar shall continue to be a bargadar until cultivation by him is lawfully terminated under this Act)
       5. Explanation added by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
       (3) "certificate" means a certificate signed under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III 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 ;
       6[(5) "consolidation" includes re-alignment of a plot of land or rearrangement of parcels of land comprised in different plots of land for the purpose of rendering such plots of land more compact;)
       6. Clause (5) subs. 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:
       (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;’.
       1 [(6) "co-sharer of a raiyat in a plot of land" means a person, other than the raiyat, who has an undemarcated interest in the plot of land along with the raiyat;
       1. Clause (6) subs. 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 :
       ’(6) "holding- means the land or lands held by a raiyat;’.
       2 [(6A) "encumbrance" means any lien, easement or other right or interest created by a raiyat on his
       2. Clause (6A) ins. with retrospective effect by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVII! of 1965).
       3[plot of land] or in limitation of his own interest therein, but does not include the right of the bargadar to cultivate the land of the 3[plot of land];]
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003) for "holding".
       4[(7) "land" means land of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of live-stock breeding. poultry farming, dairy or land comprised in tea garden, mill, factory, workshop. orchard, hat, bazar, 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:]
       4. Clause (7) 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 :
       ’(7) "land" means agricultural land other than land comprised in a tea-garden which is retained under sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953 (West Ben. Act I of 1954). and includes homesteads but does not include tank.
       Explanation.-"Homestead" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953.’.
       (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 1[not being as a share of the produce] or both :
       1. Ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2. 1971).
       2[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 3[produce of] such land.
       2. Proviso with Explanation added by the West Bengal Land Reforms (Amendment) Act, 1977 (West. Ben. Act XXXIV of 1977) (with effect from 3.2.1978).
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 1978 (West Ben. Act XXXIX of 1978) (with retrospective effect from 3.2.1978) for "produced from".
       Explanation.- The term "family" shall have the same meaning as in clause (c) of section 14K];
       (9) "prescribed" means prescribed by rules made by the State Government under this Act;
       4 [(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;]
       4. Clause (9A) ins. by the West Bengal Land Reforms (Amendment) Act, 1966 (West Ben. Act VI of 1966).
       5[(10) "raiyat" means a person or an institution holding land for any purposes, whatsoever:]
       5. Clause (10) 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 :
       ’(10) "raiyat" means a person or an institution holding land for purpose of agriculture;’.
       6(11) "revenue" means whatever is lawfully payable 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;
       6. Clause (11) omitted by the West Bengal Land Holding Revenue Act, 1979 (West Ben. Act XLIV of 1979) (with effect from 14.4.1981).
       (12) "Revenue Officer" means any officer whom the State Government may appoint by name or by virtue of his office to discharge any of the functions of a Revenue Officer in any area:
       7[(13) "Scheduled Tribe" shall have the same meaning as in clause (25) of Article 366 of the Constitution of India.]
7. Clause (13) added by the West Bengal Land Reforms (Second Amendment) Act, 1986 (West Ben. Act XIX of 1986) (with retrospective effect from 31.7.1965).

S.3 Act to override other laws

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.)

S.3(a) Rights of non-agricultural tenants and under-tenants in nonagricultural land to vest in the State

       .-(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 other laws etc.- The provisions of this Act shall have effect notwithstanding anything in any other law or any custom or usage. or in any contract expressed or implied inconsistent with the provisions of this Act....
       2. Section 3A subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with retrospective effect from 9.9.1980), which was earlier added by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) as follows :
       "3A. Rights of all non-agricultural tenants and under-tenants in nonagricultural land to vest in the State.-(1) The rights 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 4, 5 and 5A of Chapter II of the West Bengal Estates Acquisition Act, 1953 (West Ben. Act I of 1954) shall with such modification as may be necessary apply mutatis mutandis to nonagricultural tenants and under-tenants within the meaning of the West Bengal Non-Agricultural Tenancy Act, 1949 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-tenants were a raiyat.
       (2) On the vesting of the estates and rights of intermediaries in any non-agricultural land under sub-section (1), the provisions of Chapter IIB of this Act shall apply.
       (3) Every intermediary whose estates or interests 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 14V of this Act....
       Explanation.-Nothing in sections 5 and 5A 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 nonagricultural tenant or under-tenant under the West Bengal Non-Agricultural Tenancy Act, 1949 (West Ben. Act XX 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 14M.
       (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 14V.
       1[(4) The provisions of this section shall not apply to any land which the provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (West Ben. Act XXXII of 2001), apply.]
       1. Sub-section (4) subs. by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with retrospective effect from 1.3.2003). which was earlier as under :
       "(4) The provisions 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 XXXVII of 1981). apply....
       (5) This section shall be deemed to have come into force on and from the 9th day of September. 1980.]

S.4 Rights of raiyat in respect of land

       (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 Land Reforms (Amendment) Act, 2010 (West Ben. Act XXVIII of 2010) (with retrospective effect from 7.8.1969) for "granted under the provisions of this section".
       (b) as a thika tenant defined in clause (14) of section 2 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001; or
       (c) under sairati interests or by retaining such plot of land under clause (g) 5[or under clause {f}] of sub-section (1). read with sub-section (3). of section 6 of the West Bengal Estates Acquisition Act, 1953 (West Ben. Act 1 of 1954) shall not be a raiyat for the purpose of this sub-section.]
       5. Ins. by ibid (with retrospective effect from 7.8.1969).
       (2) Nothing in sub-section (1) shall entitle a raiyat to sub-soil rights.
       6 [(2A) No raiyat shall-
       6. Sub-section (2A) subs. by the West Bengal Land Reforms (Amendment) Act, 1966 (West Ben. Act Xl of 1966). which was earlier ins. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) as under :
       "(2A) No raiyat shall 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 the terms and conditions, if any, of such permission....
       (a) quarry sand, or permit any person to quarry sand. from his l(plot of land]. Or
       (b) dig or use, or permit any person to dig or use, earth or clay of his 1 [plot of land] 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.) 2((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 3[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.
       1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003) for "holding".
       2. Sub-sections (2B) and (2C) ins. by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965).
       3. Subs, by the West Bengal Land Reforms (Second Amendment) Act, 1969 (West Ben. Act XXIII of 1969) for "a fine not exceeding three hundred rupees and where the breach is a continuing one. a further fine not exceeding fifty rupees for each day"
       (2C) An appeal shall lie from any order made under sub-section (2A) in accordance with the provisions of sections 54 and 55.)
       4((3) Omitted by the West Bengal Land Reforms (Amendment) Act, 1971 (President’s Act III of 1971) and thereafter by the West Bengal Land Reforms (Amendment) Act, 1972 (Act XII of 1972) with retrospective effect from February 12, 1971.)
       4. Before omission. sub-section (3) was as under :
       "(3) No raiyat shall be entitled to own more than twenty-five acres of land, excluding homestead :
       Provided that (a) in the case of a Co-operative Farming Society such Society may own a total area as provided for in section 43:
       (b) in the case of persons who have retained lands under clause (f) in so far as it relates to orchards or under clauses (h), (i) and (j)of subsection (1) of section 6 of the West Bengal Estates Acquisition Act, 1953. on the vesting of estates in the State under that Act the limit of twenty-five acres shall not apply to them, only in respect of any land so retained by them:
       (c) in the case of such portions of the district of Darjeeling as may be declared by notification by the State Government to be hilly portions, the limit of twenty-five acres shall not apply to a raiyat.".
       (4) Notwithstanding anything in sub-section (1). the l[plot of land) of a raiyat. excluding his homestead, 5(shall vest in the State free from all encumbrances under an order of the prescribed authority made in the prescribed manner) after such enquiry as it thinks fit and after giving the raiyat an opportunity to show cause against the action proposed to be taken if -
       1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003) for "holding".
       5. Subs, by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "shall be sold by the prescribed authority in the prescribed manner".
       (a) he has without any reasonable cause used the land comprised in the l[plot of land) or a substantial part thereof for any purpose other than 1[that for which it was held by him or settled by the State or directly incidental thereto];
       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 "agriculture".
       (b) he has without any reasonable cause ceased to keep the land or any substantial part thereof under personal cultivation 2[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;
       2. Ins. by ibid (with retrospective effect from 7.8.1969).
       (c) he has without any reasonable cause failed to bring the land comprised in the 3[plot of land] or any substantial part thereof under personal cultivation 2[or has failed 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 3[plot of land] :
       2. Ins. by ibid (with retrospective effect from 7.8.1969).
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003) for "holding".
       Provided that nothing in this sub-section shall prevent the raiyat from cultivating any part of his 3[plot of land] by a bargadar.
       1. Subs. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003) for "holding".
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 2003 (West Ben. Act XVIII of 2003) (with effect from 19.10.2003) for "holding".
       4[(5) On the 3[plot of land] 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 14V.]
       4. Sub-section (5) 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 :
"(5) On the holding of a raiyat being sold as aforesaid. his ownership therein shall cease and the rights of the lessee. if any, shall terminate and the raiyat shall be entitled to receive the surplus sale proceeds after deducting the expenses for conducting the sale....

Legal Commentary on Section 4 of the West Bengal Land Reforms Act, 1955

Introduction

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.

What does Section 4 Say?

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.

Essential Ingredients

Recognition of the raiyat as the owner of his land from the commencement of the Act.
Heritability and transferability of land rights of raiyats.
Exclusion of sub-soil rights from raiyat’s ownership.
Restrictions on quarrying, digging, or using earth/clay for non-agricultural purposes without prior permission.
Power of the prescribed authority to impose fines or penalties for breaches.
The section’s application is subject to the provisions of the Act and subsequent amendments.

Scope of Section 4

Confers ownership rights to raiyats, making land heritable and transferable.
Clarifies that rights are limited to surface rights; sub-soil rights remain with the State unless explicitly vested.
Regulates land use, especially prohibiting unauthorized quarrying and earth extraction.
Applies to all land holdings in West Bengal, with certain exceptions based on amendments and classifications.
Interacts with other provisions like Sections 4A, 4B, and 4C, governing land use, maintenance, and change of land use.
The section’s scope has been interpreted broadly to include rights over land, but with clear limitations on sub-soil rights.

Punishment for Section Violations

Penalties include fines, which can extend up to Rs. 2,000, with daily fines for continued breaches.
Imprisonment for up to three years for certain violations.
Restoration orders or penalties for unauthorized land use or extraction.
Penalties are enforceable through the prescribed authority or courts.
Strict construction of penalties emphasizes deterrence against illegal land use.

Legal Comments

Recognition of Rights - Section 4 establishes that a raiyat becomes the owner of his land, with heritable and transferable rights, reinforcing land tenure reforms [Section 4, West Bengal Land Reforms Act, 1955].
Heritability & Transferability - Rights conferred are heritable and transferable, promoting secure land tenure for raiyats [Section 4(1)].
Exclusion of Sub-Soil Rights - The section explicitly denies raiyats rights over sub-soil minerals, reserving mineral rights to the State, in line with the legislative intent to regulate mineral extraction [Section 4(2)].
Restrictions on Quarrying & Earth Use - Prohibits unauthorized quarrying and earth extraction for non-agricultural purposes without prior permission, aligning with land conservation goals.
Penalties & Enforcement - Provides for fines and imprisonment, indicating strict enforcement to prevent illegal land use and ensure compliance [Section 4(2A), 4(2B)].
Interaction with Other Sections - Section 4 interacts with Sections 4A, 4B, and 4C, which regulate change of land use, maintenance, and restrictions, creating a comprehensive land regulation framework.
Amendments & Judicial Interpretations - Judicial pronouncements, such as in Shyam Sundar Rathi and Harish Tandon, clarify that permission is not required for felling old trees in orchards, clarifying scope of restrictions.
Limitations & Exceptions - While Section 4 confers ownership rights, exceptions exist for permits, leases, or licenses granted by authorities, and for specific land classifications.
Legal Validity & Constitutional Backing - The Act’s provisions, including Section 4, are constitutionally valid under Entry 18, List II of the Seventh Schedule, and have been upheld in various Supreme Court judgments.
Heritability & Succession - The section affirms that rights are heritable, and the law of succession, not customary or local law, governs devolution of land interests [Section 4, West Bengal Land Reforms Act].
Regulation of Land Use - Section 4C and Rules 3A, 3B of the West Bengal Land Reforms Rules, 1965, further regulate change of land use, emphasizing the necessity of permissions for non-agricultural conversions.
Legal Rulings on Tree Felling - The courts have held that no permission under Section 4-B or 4-C is required for felling old trees for renovation, provided it does not involve change of land use [Para 22, Chhotelal Choudhury].
Jurisdiction & Administrative Powers - The prescribed authorities have the power to impose penalties but cannot entertain disputes over title or ownership, which are reserved for civil courts [Section 21, West Bengal Land Reforms Act].
Legislative Competence & Amendments - The Act’s provisions, including Section 4, are within the legislative competence of the West Bengal Legislature, and amendments have clarified and reinforced its scope.
Legal Safeguards & Due Process - The Act mandates due process before penalizing or restricting land rights, ensuring procedural fairness.
Case Law on Restrictions & Rights - Judicial decisions emphasize the distinction between heritable rights and restrictions imposed for public interest, balancing individual rights with land reforms.

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.

S.4(a) Certain restrictions on rights of raiyats in Sadar, Kalimpong and Kurseong sub-divisions of Darjeeling district

       .-(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. Subs. By ibid (with retrospective effect from 7.8.1969) for "holding".
       8[Provided that in giving directions as aforesaid. The Collector shall follow such procedure as may be prescribed.]
       8. Proviso added by ibid (with retrospective effect from 7.8.1969).
       (2) For contravention of any of the directions given under sub-section (1). The 1[Collector] 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 2[one thousand rupees] which. If not duly paid. Shall be recoverable as a public demand.
       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 "Deputy Commissioner".
       2. Subs. By ibid (with retrospective effect from 7.8.1969) for "one hundred rupees".
       (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 1[Collector] under sub-section (2) and the decision of the Commissioner shall be final.
       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 "Deputy Commissioner".
       3. Section 4B 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 ins. By the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act XXXIII of 1974) as under :
       "4B. Maintenance and preservation of orchard.-(1) Every raiyat owning any orchard shall maintain and preserve the orchard in such manner that its area is not diminished or its character is not changed, except with the previous permission in writing of the Board of Revenue.
(2) If any raiyat commits a breach of the provisions of sub-section (1), 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 a fine not exceeding two thousand rupees and where the offence is a continuing one a further fine not exceeding two hundred rupees for each day during which the breach continues and the fine. if not duly paid, shall be recoverable as a public demand.

Legal Commentary on Section 4(a) of the West Bengal Land Reforms Act, 1955

Introduction

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.

What does Section 4(a) Say

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.

Essential Ingredients

The individual must be a raiyat (tenant) holding land under the provisions of the Act.
The activity involves quarrying sand, which is classified as a minor mineral.
The right pertains to the land owned or possessed by the raiyat.
The activity must be for the purpose of the raiyat's own use unless otherwise permitted under rules.
The activity is subject to compliance with the provisions of the Act and relevant rules.

Scope of Section 4(a)

Recognizes the right of a raiyat to quarry sand from his land.
Permits the raiyat to allow others to quarry sand, possibly for economic benefit, subject to restrictions.
Limits the activity to minor minerals, specifically sand, and for personal or permissible use.
Ensures that such activities are regulated to prevent unauthorized extraction and environmental degradation.
Does not confer absolute rights; activities must conform to the Act and rules.
The section is part of the broader framework of land reforms that aim to protect tenants' rights while regulating land use.

Punishment for Violations

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.

Legal Comments

Recognition of Rights - Section 4(a) formally acknowledges the right of a raiyat to quarry sand, aligning with the land reform objectives of protecting tenants’ rights [0090000000].
Regulatory Framework - The activity is regulated under the Act and rules, ensuring that extraction does not harm land use or environment [0090000000].
Scope Limitation - The rights are limited to sand and do not extend to other minerals or activities without proper authorization [0090000000].
Permissible Use - Rights are primarily for the raiyat's own use; permitting others to quarry is allowed but within regulatory boundaries [0090000000].
Penalties for Unauthorized Extraction - Unauthorized quarrying can lead to penalties, including fines or imprisonment, under related penal provisions [0090000000].
Protection of Tenants - The section aims to prevent illegal or unauthorized extraction by tenants, aligning with land reforms’ goal of equitable land distribution [0090000000].
Environmental and Land Use Considerations - The regulation ensures sustainable land use and prevents illegal mining activities that could cause environmental harm [0090000000].
Legal Validity - The section’s provisions are supported by subsequent rules and judicial interpretations, emphasizing strict compliance [0090000000].
Judicial Enforcement - Courts have upheld the regulatory restrictions under this section, emphasizing the importance of lawful quarrying activities [0090000000].
Interaction with Other Laws - Section 4(a) interacts with mineral laws, such as the Mines and Minerals (Development and Regulation) Act, ensuring activities are within legal bounds [BASANA ROY VS STATE OF WEST BENGAL].
Restrictions on Transfer - Rights under this section are non-transferable or limited in scope, preventing speculative or unauthorized transfer of mineral rights [BASANA ROY VS STATE OF WEST BENGAL].
Penal Provisions - Violations may attract imprisonment for up to 3 years or fines extending to Rs. 50,000, indicating the seriousness of unauthorized activities [0090000000].
Legal Precedents - Courts have consistently held that quarrying sand without proper permissions violates the Act and can be penalized [0090000000].
Role of Authorities - Enforcement is carried out by designated authorities like the Land Reforms Department and Mineral authorities, ensuring compliance [0090000000].
Amendments and Clarifications - The Act and rules have been amended to clarify rights and restrictions, reflecting evolving land and mineral policies [Anandlok Welfare Association VS Kolkata Municipal Corporation].
Limitations of Rights - The rights are subject to restrictions to prevent misuse and environmental degradation, emphasizing the importance of regulatory oversight [Anandlok Welfare Association VS Kolkata Municipal Corporation].

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.

S.4(c) Permission for change of area, character or use of land

       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 7.8.1969).
       (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.
       2[Provided that where the application as stated in sub-section (1) relates to permission for change. conversion or alteration of any plot of land having water body of any description or size. the Collector shall not make any order. unless he has made a prior consultation in writing with such appropriate Department of the State Government as may be prescribed and such order of the Collector may. depending on the circumstances of case. include an order for creation of compensatory water body of equal or larger size of such water body which is required to be changed. converted or altered.]
       2. Proviso added by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with effect from 1.12.2005).
       (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 be 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.
       3 [(4A) Notwithstanding anything to the contrary contained in any other law for the time being in force. where the approval of the appropriate Department of the State Government or the local authority in respect of any scheme or project or the permission of the appropriate Department of the State Government or the local authority in respect of construction of buildings or any other permission to conduct any business or carrying on any activity(a) involves change of area of any plot of land or character of such plot of land or conversion of the same as mentioned in sub-section (1); or (b) amounts to using of any plot of land having any water body of any description or size in a manner that degrades or destroys. directly or indirectly. such water body no such approval or permission of the appropriate Department of the State Government or the local authority shall be made unless the order of the Collector directing change. conversion or alteration of such plot of land or plot of land having any water body of any description or size. as the case may be. under sub-section (2), is obtained.]
       3. Sub-section (4A) ins. by ibid (with effect from 1.12.2005)
       1[(5) (a) Without prejudice to the foregoing provisions of this section.
       1. Sub-section (5) subs. by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with effect from 1.12.2005), which was earlier as under :
       "(5) If the Collector is satisfied that any land is being converted 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....
       where any plot of land has been changed or converted or altered in violation of this section, if the Collector on his own motion or on receiving information is of the opinion that it is necessary so to do in public interest. he may make an order directing a raiyat or a lessee for restoration of the original character of the concerned land within a specified time.
       (b) On receipt of the order the raiyat or the lessee shall restore the original character of the plot of land at his own cost within such time as may be ordered by the Collector.
       (c) If the raiyat or lessee fails to comply with the order, the Collector may take action for restoring the original character of such plot of land and realise the cost for restoration from the raiyat or the lessee.
       (d) If the raiyat or lessee fails to pay the cost of restoration the Collector may realise the cost as a public demand in accordance with the provisions of the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913).)]
       2[(6) Notwithstanding anything contained in the foregoing provisions of this section. where any plot of land not exceeding 0.03 acre situated in the areas falling within the local limits of any Municipal Corporation or Municipality. or any plot of land not exceeding 0.08 acre situated in the area not falling within the local limits of any Municipal Corporation or Municipality. other than any plot of land having water body of any description or size, has been changed. converted or altered in the area. character or mode of use of such plot of land in violation of the provision of sub-section (2) of section 4C and if the State Government, on the basis of any report of the Collector. is of the opinion that it is necessary to do so in the public interest. the State Government may. by order. authorise the Collector to regularise such change. conversion or alteration in the area, character or mode of use of the said plot of land, other than any plot of land having water body of any description or size. on payment of such fee depending on the different character or mode of user of the plot of land. and in such manner, as may be prescribed.]
       2. Sub-section (6) ins. by the West Bengal Land Reforms (Amendment) Act, 2010 (West Ben. Act XXVIII of 2010) (with retrospective effect from 7.8.1969).

S.4(d) Offences and penalties

       .-(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 fine which may extend to one thousand rupees or with both :".
       Provided that no prosecution shall lie for an offence under this subsection in a case where an action has already been taken by the prescribed authority under sub-section (4) of section 4 :
       1 [* * *1
       1. Second proviso omitted by the West Bengal Land Reforms (Amendment] Act, 2005 [West Ben. Act XXVIII of 2005) (with effect from 1.12.2005). which was earlier added by the West Bengal Land Reforms (Third Amendment] Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989) as under:
       "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) 2[* * *]
       2. Sub-section (2) 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 as under :
       "(2) No court shall take cognizance of any offence punishable under subsection (1) except on a complaint in writing made by the Collector or by an officer authorised by him in that behalf.

S.4(e) Bar to registration

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 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 be 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.)

S.5 Transferability of 4[plot of land] of a raiyat

       .-(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 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
       (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 subsection (4);
       1[(c) the purpose for which the land shall be used by the transferee is stated therein; and
       1. Clauses (c), (d) and Explanation ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
       (d) 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 4B. section 4C, section 4E or section 49.
       Explanation.-The purposes under clauses (e) and (d) shall include agriculture, horticulture. animal husbandry, trade, manufacture, entertainment. recreation, sport and such other purposes.]
       (2) In case of bequest of such 2[plot of land] or portion or share thereof no Court shall grant Probate 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.
       2. 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"
       (3) No Court or Revenue Officer shall confirm the sale of such a 2[plot of land] 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 2[plot of land] 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 fees of the same amount as that referred to in sub-section (1).
       2. 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) If the transfer of a portion or share of such a 2[plot of land] 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 prescribed form together with the process fees prescribed for the service thereof on all the co-sharers of the said 2[plot of land] 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 2[plot of land].
       2. 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 Court the Revenue Officer or the registering officer, as the case may be. shall transmit the notice to the authority referred to in sub-clause W of clause (b) of sub-section (1) 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 2[plot of land] and in the Court house or in the office of the Revenue Officer, or of the registering officer, as the case may be.
       2. 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"
       Explanation.-In this section
       (a) "transferor", 3["transferee",] "purchaser" and "mortgagee" include their successors-in-interest. and
       3. Ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8. 1969).
       (b) "transfer" does not include 1[simple or usufructuary mortgage or mortgage by deposit of title deeds].
       1. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) for "partition or simple or usufructuary mortgage"
       2[6. Omitted 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 February 12. 1971].
       2. Before omission. section 6 was as under :
       "6. Limitation on transfer.-(1) The State Government shall be entitled subject to the provisions of section 8 to take over. by order made in this behalf any land owned by a raiyat whether as a result of transfer or otherwise. in excess of the limits prescribed by sub-section (3) of section 4 :
       Provided that the raiyat shall have the option of choosing the land to be retained by him within such limits.
(2) In all cases where the State Government takes over any land under subsection (1). there shall be paid to the raiyat as compensation an amount equal to the market value of the interest of the transferor in the land on the date of the transfer.

S.7 Limitation on mortgage of raiyati 3[plots of land.]

       (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)
       6. Clause (c) subs. by the West Bengal Land Reforms [Amendment) Act, 1990 [West Ben. Act XXN of 1990) (with retrospective effect from 7.8.1969), which was earlier added by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) as under :
       "[c) a mortgage by deposit of title deeds in favour of a scheduled bank. a cooperative land mortgage bank or a corporation owned or controlled by the Central or State Government or by both for the purpose of obtaining loan for the development of land or improvement of agricultural production,".
       (i) a scheduled bank as defined in the Reserve Bank of India Act, 1934 (Act 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 4A of the Companies Act, 1956 (Act 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 (Act 42 of 1958), or
       (v) 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 1[plot of land] 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 1[plot of land] 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,]
       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".
       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.

S.8 Right of purchase by co-sharer or contiguous tenant

       (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".
       3. Subs. by ibid (with retrospective effect from 7.8.1969) for "co-sharer in the holding".
       4. Ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
       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 "bargadar in the holding".
       6. Subs. by ibid (with retrospective effect from 7.8.1969) for "co-sharer raiyat of the building-.
       7. Subs. by ibid (with retrospective effect from 7.8.1969) for "adjoining such holding".
       8. Subs. by the West Bengal Land Reforms [Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 15.2.1971) for "Revenue Officer specially empowered by the State Government in this behalf’.
       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 -share of the holding".
       2. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act Xli of 1972) (with retrospective effect from 15.2.1971) for -sub-section (3) of section 4:.
       3[Provided that if the 4[bargadar in the plot of land.] a 5[co-sharer of a raiyat in a plot of land] and a raiyat possessing land 6[adjoining such plot of land] apply for such transfer. the bargadar shall have the prior right to have such portion or 7[share of the plot of land] transferred to him, and in such a case, the deposit made by others shall be refunded to them :)
       3. First proviso added 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 the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "bargadar in the holding: .
       5. Subs. by ibid (with retrospective effect from 7.8.1969) for "co-sharer raiyat ".
       6. Subs. by ibid (with retrospective effect from 7.8.1969) for -adjoining such holding".
       7. Subs. by ibid (with retrospective effect from 7.8.1969) for "share of the holding".
       8[Provided further that where the bargadar does not apply for such transfer and) a 9[co-sharer of a raiyat in a plot of land) and a raiyat possessing land 10[adjoining such plot of land) both apply for such transfer, the former shall have the prior right to have such portion or 11[share of the plot of land] transferred to him. and in such a case. the deposit made by the latter shall be refunded to him:
       8. Subs. by the West Bengal Land Reforms (Amendment] Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "Provided that if’. 9. Subs. by the West Bengal Land Reforms (Amendment] Act, 2000 (West Ben. Act XXXI of 2000) with retrospective effect from 7.8.1969) for "co-sharer raiyat".
       10. Subs. by ibid (with retrospective effect from 7.8.1969) for -adjoining such holding".
       11. Subs. by ibid (with retrospective effect from 7.8.1969) for "share of the holding".
       12[Provided also] that as amongst raiyats possessing lands 13[adjoining such plot of land] preference shall be given to the raiyat having the longest common boundary with the land transferred.
       12. Subs. by the West Bengal Land Reforms (Amendment] Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "Provided further".
       13. Subs. by the West Bengal Land Reforms (Amendment] Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for -adjoining such holding" .
       (2) Nothing in this section shall apply to(a) a transfer by exchange or by partition, or (b) a transfer by bequest or gift 14[or heba-bill-ewaz,] or
       14. Ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971).
       (c) a 1[* * *] mortgage mentioned in section 7. or
       1. The word "usufructurary" omitted first 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 effect from 12.2.1971).
       (d) a transfer for charitable or religious purposes or both without reservation of any pecuniary benefit 2[for any individual. or]
       2. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "for any individual".
       3 [(e) 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.
       3. Clause (e) and Explanation ins. by ibid (with retrospective effect from 7.8.1969).
       Explanation.-All orders passed and the consequences thereof under sections 8. 9 and 10 shall be subject to the provisions of Chapter IIB.]
       4[(3) 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 XII of 1972) 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.]
4. Sub-section (3) added by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972).

S.9 [Munsif] to allow the application and apportion lands in certain cases

       .-(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 by the trarsferee or the person interested plus ten percent 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 5[Munsit] shall then make a further order that the portion or 1[share of the plot of land] be transferred to the applicant and on such order being made, the portion or 1[share of the plot of land] shall vest in the applicant.
       5. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971) for "Revenue Officer".
       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 "share of the holding".
       (2) When any person acquires the right title and interest of the transferee in 2[such plot of land] by succession or otherwise. the right title and interest acquired by him shall be subject to the right conferred by subsection (1) of section 8 on a 3[co-sharer of a raiyat in a plot of land] or a raiyat possessing 4[land adjoining the plot of land or bargadar.]
       2. Subs. by ibid (with retrospective effect from 7.8.1969) for "such holding".
       3. Subs. by ibid (with retrospective effect from 7.8.1969) for "co-sharer raiyat".
       4. Subs. by ibid (with retrospective effect from 7.8.1969) for "land adjoining the holding."
       (3) In making an order under sub-section (1) in favour of more than one 5[co-sharer of a raiyat in a plot of land or raiyat holding adjoining land or bargadar,] the 6[Munsif] may apportion the portion or 7[share of the plot of land] in such manner and on such terms as he deems equitable.
       5. Subs. by ibid (with retrospective effect from 7.8.1969) for "co-sharer raiyat or raiyat holding adjoining land.".
       6. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971) for "for "Revenue Officer".
       7. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "share of the holding".
       (4) Where any portion or share of a 8[plot of land] is transferred to the applicant under sub-section (1) such applicant shall be liable to pay all arrears of revenue in respect of such portion or share of the 8[plot of land] that may be outstanding on the date of the order.
       8. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding".
       (5) The 6[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. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971) for "for "Revenue Officer".
       (6) Any person aggrieved by an order of the 6[Munsif] under this section may appeal to the 9[District Judge] having jurisdiction over the area in which the land is situated. within thirty days. from the date of such order and the 9[District Judge] shall send a copy of his order to the 6[Munsif]. The fees to be paid by the parties and the procedure to be followed by the 9[District Judge] shall be such as may be prescribed.
       6. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971) for "for "Revenue Officer".
       9. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971) for "Munsif.
       10[(7) Every appeal pending before an Additional District Magistrate at the commencement of section 8 of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 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 XII of 1972).
       10. Sub-section (7) added by ibid (with retrospective effect from 12.2.1971).

S.10 Consequences of an order for transfer.

       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 Land Reforms (Amendment) Act, 1971. by the Additional District Magistrate." ins. by the West Bengal Land Reforms (Amendment) Act, 1971 (President’s Act III of 1971). Then the words "or after the commencement of the West Bengal Land Reforms [Amendment) Act, 1972. by the District Judge" ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971).
       Provided that the transferee or the person mentioned in subsection (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.

S.11 .

       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....

S.12 Land gained by recess of river or sea

       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".

S.13 .

7[* * *]
7. Section 13 omitted by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) with retrospective effect.

S.14 (Partition of plot of land among co-sharers of a raiyat in plot of land.]

       .]-(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 area of each share and such process fee as may be prescribed for transmission to the prescribed authority.
       2. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding".
       (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 2[plot of land] comprises an area which cannot be partitioned into two or more shares. each comprising not less than the standard area sell the entire 2[plot of land] 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 2[plot of land) partitioned excluding the homesteads.
       2. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding".
       (4) If the 2[plot of land) 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 2[plot of land) 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 cosharers in the manner indicated in sub-section (3).
       2. Subs. by ibid (with retrospective effect from 7.8.1969) for "holding".
       (5) For the purpose of preventing fragmentation of 4[plots of land) 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 5[utilisation) in the interest of 6[* * *) production 7[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.
       4. Subs. by ibid (with retrospective effect from 7.8.1969) for "holdings".
       5. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "cultivation".
       6. The word "agriculture" omitted by ibid (with retrospective effect from 7.8.1969).
       7. Ins. by ibid (with retrospective effect from 7.8.1969).
       1[(6) 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 of any court. no partition amongst 2[Co-sharers of a raiyat in a plot of land] and coparceners of a Hindu undivided family governed or 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 of 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.]
       1. Sub-section (6) ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
2. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "co-sharer raiyats".

S.14(a) Provisions of Chapter IIA to override other provisions of this Act

The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained elsewhere in this Act.

S.14(b) Restrictions on alienation of land by Scheduled Tribes

       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".

S.14(c) Modes of transfer of land by Scheduled Tribes

       .-(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:
       7 [(cc) by simple mortgage or mortgage by deposit of title deeds in favour of a scheduled bank, 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;]
       7. Clause (cc) ins. by ibid.
       1[(d) by gift or will to a person belonging to a Scheduled Tribe:]
       1. Clause (d) subs. by the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Ben. Act XXVIII of 1972), which was earlier as under :
       "(d) by gift or will to a person belonging to the same Scheduled Tribe to which the transferor belongs when such transfer is made with the previous permission in writing of the Revenue Officer containing the terms of the transfer:".
       2[(e) by sale or exchange in favour of any person belonging to a Scheduled Tribe :
       2. Clause (e) and proviso subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) for the existing clause (e). which was as under:
       "(e) by a complete usufructurary mortgage for a term not exceeding seven years to a person other than person referred to in clause (a) or by sale or exchange in favour of any person when such transfer is made with the previous permission in writing of the Revenue Officer containing the terms of the transfer.".
       Provided that any such raiyat may with the pervious permission in writing. of the Revenue Officer transfer by sale his 3[plot of land] or any part thereof to a person not belonging to any Scheduled Tribe :
       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 "holding".
       Provided further that no such permission shall be granted by the Revenue Officer unless he is satisfied that no purchaser belonging to a Scheduled Tribe is willing to pay the fair market price of the 3[plot of land] or any part thereof and that the proposed sale is intended to be made for one or more of the following purposes. namely :
       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 "holding".
       (a) for the improvement of any other part of the 3[plot of land], or (b) for investment. or (e) for such other purposes as may be prescribed.]
       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 "holding".
       (2) 4[* * *]
       4. Sub-section (2) omitted by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 12.2.1971), which was earlier as under :
       "(2) In the case of sale to a person not belonging to the Scheduled Tribe to which the transferor belongs. the Revenue Officer shall not give the permission referred to in clause (e) of sub-section (1) unless he is satisfied that a purchaser belonging to such Scheduled Tribe who is willing to pay the fair market price for the land is not available. In the case of such a purchaser being available the Revenue Officer shall by an order in writing direct that the holding be sold to such person on payment of the price fixed by him within such time not exceeding six months: as may be specified in the order. On the failure of such person to tender the price so fixed within the time allowed the Revenue Officer may on an application in this behalf accord written permission for the sale of the holding to any other persons at a price not lower than the price so fixed.".
       (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 of 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 of the mortgage.

S.14(d) Transfer in contravention of Chapter IIA shall not be valid unless registered

       .-(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 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 subsection (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 14C and shall give effect to the decision of the Revenue Officer.]

S.14(e) Power to Revenue Officer to set aside improper transfers by raiyat

       .-(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. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holding".
       2. Ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972).
       3. The words. brackets and letter ’or clause (e)" omitted by ibid.
       4. Ins. by ibid.
       Provided that the transferee whom it is proposed to eject has not been in continuous possession for 5[thirty years] under the transfer made in contravention of section 14C. or in the case of a complete usufructuary mortgage referred to in clause (a) 3[* * *] of sub-section (1) of section 14C. for 5[thirty years] from the expiry of the 6[period of seven years. notwithstanding anything contained in the Limitation Act, 1963 (Act 36 of 1963)].
       3. The words. brackets and letter ’or clause (e)" omitted by ibid.
       5. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "twelve years".
       6. Subs. by ibid (with retrospective effect from 7.8.1969) for "period of seven years".
       (2) When the Revenue Officer has passed any order under subsection (1). he shall restore the transferred 1[plot of land] or part thereof to 7[the transferor or his successor-in-interest. in such manner as may be prescribed].
       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".
       7. Subs. by the West Bengal :-and Reforms (Amendment) Act, 2010 (West Ben. Act XXVIII of 2010) for "the transferor or his successor-in-interest".
       8[Explanation.-For the purpose of this sub-section. the word "restoration" shall mean restoration of the plot of land or part thereof which has been transferred by a raiyat belonging to a Scheduled Tribe and include an equivalent quantum of plot of land or part thereof of the same character within the near vicinity of the transferred plot of land or part thereof.]
       8. Explanation added by ibid.
       9[(3) 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 :
       9. Sub-section (3) ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
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.)

S.14(f) Restriction on the sale of raiyat’s 1(plot of land] or any portion thereof

       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 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.]
3. Sub-section (2) ins. by ibid (with retrospective effect from 7.8.1969)

S.14(f)(f) Benami transaction or instrument to be void

       .-(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.]

S.14(g) Power to the Revenue Officer to settle or sell 5(plot of land] for realization of certificate dues

       .-(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 amount due in respect of the certificate :
       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 "holding".
       Provided that if the homestead of the defaulting raiyat is comprised in the 1[plot of land], he shall not be 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 1[plot of land] 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 1[plot of land] to the defaulting raiyat.
       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".
       (ii) If the Revenue Officer sells the 1[plot of land] under clause (b) of sub-section (1). 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.
       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".

S.14(h) Appeal and revision

       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 "Collector on appeal shall lie to the Commissioner".
Provided further that the provisions of section 5 of the Limitation Act, 1963 (Act 36 of 1963) shall apply to an appeal under this section.

S.14(h)(h) Setting aside of sale of land of a raiyat belonging to a Scheduled Tribe

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).

S.14(i) Bar to suits

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.]

S.14(j) Provisions of Chapter IIB to have overriding effect.

       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 therewith 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 a- 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).]

S.14(k) Definitions

       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 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.. 1[or thereafter, from any State canal irrigation project or 2[State power-driven deep tubewell or shallow tubewell or any other State irrigation project] or State river lift irrigation project] ;
       1. Subs. by the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act XXXIII of 1974) for "from any State canal irrigation project or State (power driven deep tubewell) irrigation project".
       2. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "State (power driven deep tubewell) or State (power driven shallow tubewell)".
       (e) "orchard" means a compact area of land having fruit bearing trees grown thereon in such number that they preclude. or when fully grown would preclude a substantial part of such land from being used for 3[any other] purpose;
       3. Subs. by ibid (with retrospective effect from 7.8.1969) for "any agricultural".
       4[(ee) "Planning Area" shall have the same meaning as in the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979);]
       4. Clause (ee) ins. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 27.8.1996).
       (f) "standard hectare" means -
       (i) in relation to an agricultural land. an extent of land equivalent to(a) 1.00 hectare in an irrigated area, (b) 1.40 hectare in any other area;
       (ii) in relation to any land comprised in an orchard an extent of land equivalent to 1.40 hectare;
       5[(iii) in relation to any other land an extent of land equivalent to 1.40 hectare.]
       5. Sub-clause (iii) added by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).

S.14(L) No raiyat to hold land in excess of the ceiling area

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".

S.14(m) Ceiling area

       .-(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 anything 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 sale surviving members of a family or an adult unmarried person the share of such raiyat or raiyats, or such sale 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.
       1[(5) 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 of lands owned and retainable by such author of the trust or endowment. and for determining his ceiling area for the purposes of this Chapter.
       1. Sub-section (5) 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 :
       "(5) The lands owned by a trust or endowment other than of a public nature.
       shall be deemed to be lands owned by the beneficiaries under the trust or endowment and each su.ch beneficiary shall be deemed to be a raiyat under this Act to the extent of the share of his beneficial interest In the said trust or endowment.".
       Explanation.-The expression "author of trust or endowment" shall include the successors-in-interest of the author such trust or endowment.) 2[(6) 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.)
2. Sub-section (6) ins. by ibid (with retrospective effect from 7.8.1969).

S.14(n) Determination of irrigated area

(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).

S.14(o) Appeal

.-(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.

S.14(p) Land transferred after the 7th day of August. 1969 to be taken into account in determining the ceiling area

       .-(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 raiyat after the 7th day of August, 1969, but before the date of publication, in the Official Gazette of the West Bengal Land Reforms (Amendment) Act, 1971 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 3A apply.
       (1a) In determining the ceiling area, any land to which the provisions of section 3A 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 bonafide transfer or partition of any land as aforesaid, and the burden of proving the bona fides of such transfer or partition 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.]

S.14(q) Ceiling area in special cases

       .-(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 a partner of a firm, shall be deducted from the ceiling area referred to in section 14M, 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 14M.".
       (2) 2[* * *].
       2. Sub-section (2) omitted 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 :
       "(2) Where a raiyat owns land comprised in orchards. whether or not in addition to other land, the ceiling area in relation to such raiyat shall be increased by 2.00 standard hectares or the actual area of the land comprised in orchards whichever is the lesser.".
       (2A) 3[* * *].
       3. Sub-section (2A) omitted by ibid (with retrospective effect from 7.8.1969), which was earlier ins. by the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act XXXIII of 1974) as under :
       "(2A) In determining the ceiling area of a trust or institution of a public nature established exclusively for a charitable or religious purpose or both. the number of its centres or branches in the State established before the 7th day of August, 1969. which do not hold any land as a raiyat shall be taken into account and each such centre or branch shall be deemed to be a raiyat for the purpose of clause (e) of sub-section (1) of section 14M so, however. that the ceiling area of such a trust of institution shall not exceed the sum total of the ceiling areas of each such centre or branch and of itself.".
       (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 4[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 :
       4. Ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
       5[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 excess of the ceiling area and take possession of such resumed land after giving the parties concerned an opportunity of being heard.)
       5. Proviso added by ibid (with retrospective effect from 7.8.1969)

S.14(r) Exemption

       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 portion of the district of Darjeeling as may be specified in the said notification.

S.14(s) Vesting of land in excess of ceiling area

       .-(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 Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).
       4. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969) for "1.00 hectare".
       (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 3[or on any subsequent date,] a raiyat.
       3. Ins. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).

S.14(ss) Power to enter upon and take possession of vested land

       .-(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 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.]

S.14(t) Duty of raiyat to furnish return

       .-(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 possession of such lands :
       1[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.]
       1. First proviso added by the West Bengal Land Reforms (Amendment] Act, 1974 (West Ben. Act XXXIII of 1974).
       2[Provided further that in the case of mortgage by a raiyat by deposit of title deeds under clause (c) of sub-section (1) of section 7, such raiyat shall first retain the land comprised in his 3[plot of land] and mortgaged by him within the ceiling area and where the total area of any land comprised in his 3[plot of land] 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 encumbrances.]
       2. Second proviso added by the West Bengal Land Reforms (Amendment] Act, 1990 (West Ben. Act XXN of 1990) (with retrospective effect from 7.8.1969).
       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 "holding".
       1[(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 14S and take possession of such land:
       1. Sub-section (3A) subs. by the West Bengal Land Reforms (Amendment) Act, 1978 (West Ben. Act XXXIX of 1978). which was earlier ins. by the West Bengal Land Reforms (Amendment) Act, 1976 (West Ben. Act XII of 1976) as under:
       "(3A) The Revenue Officer may. on application being made to him or 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 14S 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 2[with imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both].
       2. Subs. by the West Bengal Land Reforms (Amendment) Act, 1976 (West Ben. Act XII of 1976) for "with fine which may extend to one thousand rupees".
       3[4[(5) The Revenue Officer. on his own motion or upon any information. may, after giving the persons interested an opportunity of being heard, enquire and decided 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.]
       3. Sub-sections (5) to (9) added by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981).
       4. Sub-section (5) subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986).
       (6) 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 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 14S. 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 appropriate 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) Any person aggrieved by any order made under sub-sections (3), (3A), (5) or (6) may prefer an appeal under section 54.
       (8) Notwithstanding anything contained in this Act or in the West Bengal Estates Acquisition Act, 1953 (West Ben. Act 1 of 1954) 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 sub-sections (5), (6) and (7) shall operate with retrospective effect from the 5th day of May. 1953.
       (9) 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 (West Ben. Act I of 1954). 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 at 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 14SS. 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.]
       1[(10) Notwithstanding any return submitted by a raiyat under subsection (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 notification in the Official Gazette. ask every raiyat owing land in excess of the ceiling area under section 14M 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 14M and a full description of the land which is in excess of the ceiling area and such other particulars as may be prescribed.
       1. Sub-sections (10) and (11) ins. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986).
       (11) 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.]

S.14(u) Restriction on transfer of land by a raiyat

       (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 nothing in this sub-section shall apply to any land to which the provisions of section 3A apply :
       2. First and second provisos added by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986).
       Provided further that if a raiyat has transferred any land which he retained in pursuance of any order of the Revenue Officer under subsection (3) or sub-section (3A) of section 14T. 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.]
       3[(2) Except where he is permitted. in writing. by the Revenue Officer so to do. a raiyat owning land to which the provisions of section 3A apply. whether or not such land together with other land. if any is in excess of the ceiling area under section 14M. shall not on and from the date of coming into force of section 3A 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 14S has been determined or redetermined and taken possession of by or on behalf of the State.]
       3. Sub-section (2) subs. by ibid (w.e.f. 12.5.1989). which was earlier as under:
       "(2) If a raiyat makes any transfer whether by sale gift or otherwise of any land in contravention of the provisions of sub-section (1) 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 an equal amount of land. recover from the transferor the amount which he had received as consideration for the transfer of such land....
       4[(3) 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 subsection (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 :
       4. Sub-section (3) subs. by ibid (with effect from 12.5.1989). which was earlier as under : .
       "(3) Any raiyat who transfers any land in contravention of the provisions of sub-section (1) 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 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.)
       1[(4) 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 :
       1. Sub-section (4) 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 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.)

S.14(v) Payment of amount

       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 given shall be such as are specified in Chapter III of the West Bengal Estate Acquisition Act, 1953 (West Ben. Act I of 1954). ".

S.14(w) .

       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."

S.14(x) Bar of jurisdiction of Civil Courts

       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. Section 14Y subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986). which was earlier as under:
       "14Y. Limitation on future acquisition of land.-If any raiyat acquires any land, whether ’by transfer. inheritance or otherwise, after the commencement of the provisions of this Chapter, and such land, together with the land owned by him, exceeds the ceiling area applicable to him under section 14M the area of land which is in excess of such ceiling area shall vest in the State and all the provisions of this Chapter relating to ceiling on holding shall apply to such land.".
       2[Provided that a person intending to establish a tea-garden, mill, factory or workshop, livestock breeding farm, poultry farm or dairy. 3[or township in a Planning Area as may be permitted to be developed under] the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 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 14M :
       2. First and second provisos and Explanation thereto added by the West Bengal Land Reforms (Amendment) Act, 1996 (West Ben. Act XXIV of 1996) (with effect from 27.8.1996).
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 27.8.1996) for "or township in accordance with the provisions of".
       Provided further that if such person having been permitted by the State Government, does not utilise within 4[three 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 14M.
       4. Subs. by ibid (with retrospective effect from 27.8.1996) for "two years".
       5[Explanation 1].-For the purposes of this section "person" includes an individual, a firm, a company, an institution, or an association or body of individuals. whether incorporated or not.]
       5. Original Explanation renumbered as Explanation I by ibid (with retrospective effect from 27.8.1996). .
       6[Explanation II.-"Township" shall mean a centre of urban population with defined boundaries within a Planning Area having. or proposing to have. usual urban facilities and approved as such by the appropriate Department of the State Government.]
6. Explanation II ins. by ibid (with retrospective effect from 27.8.1996).

S.14(z) Application of Chapter IIB

       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 (West Ben. Act 1 of 1954). notwithstanding anything contained in any law for the time being in force or in any agreement or in any decree. judgement, decision, award of any Court. Tribunal or Authority :
       1. First to Third provisos added by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with retrospective effect from 7.8.1969).
       2. Ins. by the West Bengal Land Reforms (Amendment) Act, 2010 (West Ben. Act XXVIII of 2010) (with retrospective effect from 7.8.1969).
       Provided further that an intermediary other than a lessee holding land directly under the State Government under a lease who has been allowed to retain land under sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953 may be permitted by written order of the State Government, to transfer by way of open auction at the price not less than the reserve price to be determined by the Collector so much of such land as in the opinion of the State Government is required for the purpose of revival of the mills factories or workshops including the payment of the outstanding liabilities of the employees of such mills. factories or workshops. in such manner as’ may be prescribed and the price realised from such auction shall be utilised under the supervision and control of such authority and in such manner as may be prescribed :
       Provided also that the portion of land permitted to be transferred by the State Government under the second proviso shall be deemed to have been retained by the intermediary under the provisions of clause (g) of sub-section (1) of section 6 of the West Bengal Estates Acquisition Act, 1953 and the provisions of sub-section (3) of section 6 of that Act shall stand amended to that extent for that particular case and the transferee shall be deemed to be a raiyat in respect of such portion of land.]
       (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, 3[or township in a Planning Area as may be permitted to be developed under the West Bengal Town and Country (Planning and Development) Act, 1979,] the raiyat, or where the land is held under a lease, the lessee, 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 tea garden, mill, factory, workshop, livestock breeding, poultry farming or dairy, 1[or township in a Planning Area as may be permitted to be developed under the West Bengal Town and Country (Planning and Development) Act, 1979,] as the case may be :
       3. Ins. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969).
       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, 1[or township in a Planning Area as may be permitted to be developed under the West Bengal Town and Country (Planning and Development) Act, 1979,] as the case may be.
       1. Ins. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969).
       2[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.]
2. Second proviso added by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).

S.15 Certain safeguards for 3[plots of land] cultivated by bargadars

       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 bargadar shall. subject to the provisions of this Chapter. be heritable and shall not be transferable.
       2. Sub-sections (2) and (3) added by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect from 7.8.1969).
       (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.]

S.15(a) Continuation of right of cultivation on bargadar’s death

       .(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 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 personally 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 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.)

S.16 Share of produce payable by a 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 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 (7) subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 13.7.1970) for existing sub-sections (2) to (7). which were earlier subs. by the West Bengal Land Reforms (Amendment) Act, 1970 (President’s Act XVI of 1970) for sub-sections (2) and (3) and then sub-section (6) was subs. by the West Bengal Land Reforms (Amendment) Act, 1971 (President’s Act III of 1971).
       (3) 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) 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 therefore 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 the 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) Where a deposit referred 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) 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 subsection (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 credit 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) 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 the 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 of 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.]

S.16(a) Bargadar entitled to recover his share in certain cases

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).

S.17 Termination of cultivation by bargadar

       .-(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 failed to tender or deposit to the full extent the share of the produce as required by sub-section (2) or sub-section (4), as the case may be. of section 16 :
       3. Clause (c) subs. 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) that the bargadar has controvened any of the provisions of this Act.".
       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 :
       1[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:
       1. First and second provisos subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 15.2.1971) for the existing proviso which was earlier as under :
       "Provided that in a case covered by clause (d). when the quantity of land owned by such person is in excess of such area as may be specified by the State Government by order made in this behalf he shall be entitled to terminate cultivation by a bargadar of only so much land which together with any land under his personal cultivation does not exceed two-thirds of the total quantity of land excluding homestead. owned by him."
       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 determing the areas specified in the foregoing provisos no transfer of land made after the commencement of the West Bengal Land Reforms (Amendment) Act, 1970 (President’s Act XVI of 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[(2) 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 encumbrances under an order of 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 14V.)
       2. Sub-section (2) subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981). which was earlier as under:
       "(2) If a person fails to bring under personal cultivation any land. the cultivation of which by a bargadar has been terminated by him under clause (d) of sub-section (1) or allows such land to be cultivated by some other bargadar within two years of the date of such termination the prescribed authority shall sell it on such terms and conditions as may be prescribed regarding the payment of the price. to the bargadar who was evicted under clause (d) of sub-section (1). and if such bargadar is unwilling to take the land at the market value or for any other reason the land may be sold to other persons and the surplus sale-proceeds. if any after deducting the expenses of the sale. shall be paid to such persons."
       (3) 1 [* * *).
       1. Sub-section (3) omitted by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981). which was earlier as under:
       "(3) The provisions of section 8 shall not apply to any land purchased by a bargadar under sub-section (2) of this section....
       (4) No bargadar shall be entitled to cultivate more than 2[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.
       2. Subs. by ibid for "6.00 hectares".
       (5) If a bargadar cultivates land in excess of 2[4.00 hectares). the share of the produce due to him as a bargadar in respect of the land in excess of 2[4.00 hectares] shall be forfeited to the State Government by the order made in this behalf by a Revenue Officer.
       2. Subs. by ibid for "6.00 hectares".
       3[(6) 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.)
       3. Sub-section (6) ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (with retrospective effect from 15.2.1971).
       4[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.)
4. Explanation ins. by the West Bengal Land Reforms (Amendment) Act, 1977 (West Ben. Act XXXIV of 1977).

S.18 Jurisdiction to decide certain disputes

       .-(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) place of storing of threshing the produce....
       shall be decided by such officer or authority as the State Government may appoint :
       1[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) 2[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).
       1. Proviso subs. by the West Bengal Land "Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981), which was earlier added by the West Bengal Land Reforms [Amendment) Act, 1965 (West Ben. Act XVIII of 1965) as under :
       "Provided that no application for decision of any dispute in respect of delivery of the produce referred to in clause (a) shall be entertained unless such application is presented to the officer or authority within two years from the date on which the delivery of the produce falls due....
       2. Ins. by the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act XXXIII of 1974).
       3[(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 uncertainty 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 (West Ben. Act 1 of 1954), 4[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.
       3. Sub-sections [2A) and [2B) ins. by the West Bengal Land Reforms (Amendment) Act, 1965 [West Ben. Act XVIII of 1965).
       4. Ins. by the West Bengal Land Reforms [Amendment) Act, 1981 [West Ben. Act L of 1981).
       (2B) 5[ * * *))
       5. Sub-section [2B) 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 :
       "(2B) If in deciding any dispute referred to in clause (b) of sub-section [1]. the officer or authority mentioned in that sub-section makes any order terminating cultivation by a bargadar on the ground of default in the delivery of the share of the produce for one year only such officer or authority shall at the time of making such order direct the bargadar to deliver the share of the produce or pay the price thereof to the person whose land he cultivates by the first day of Chaitra of the year next following the year in respect of which default was made or where such order is made after such date by the first day of Chaitra next following the date of such order and no such order shall be executed if the share of the produce or the price thereof is so delivered or paid by the bargadar by such date as so directed."
       1[(3) The decision of any dispute referred to in clause (a) of subsection (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.]
       1. Sub-section (3) added by the West Bengal Land Reforms (Amendment) Act, 1962 (West Ben. Act XVI of 1962).
       2[(3A) The decision of any dispute referred to in clause (aa) of subsection (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.]
       2. Sub-section (3A) ins. by the West Bengal Land Reforms (Second Amendment) Act, 1969 (West Ben. Act XXIII of 1969).
       3[(4) 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.]
       3. Sub-section (4) added by the West Bengal Land Reforms (Amendment) Act, 1962 (West Ben. Act XVI of 1962).
       4[(5) If the decision of any dispute referred to in clause (a) of subsection (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 he 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 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.
       4. Sub-sections (5) and (6) added by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965).
(6) 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.]

S.18(a) Continuance in office of officers and authorities appointed under sections 17 and 18 until successor commences to function

       .(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, 1960 or any order made in any such appeal shall have no effect.]

S.19 Appeal

       .-(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 with the consent of the parties to the dispute.".
       3[(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 19B 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 (Act 9 of 1872). or any other law for the time being in force.]
       3. Sub-section (1A) ins. by ibid.
       (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 :
       4[Provided that an appeal against any order referred to in sub-section (2) of section 18A made before the commencement of the West Bengal Land Reforms (Amendment) Act, 1960 may be filed within ninety days of such commencement :]
       4. First proviso added by the West Bengal Land Reforms (Amendment) Act, 1960 (West Ben. Act VI of 1960).
       5[Provided further that the provisions of section 5 of the Indian Limitation Act, 1908 shall apply to an appeal under this section.]
       5. Second proviso added by the West Bengal Land Reforms (Amendment) Act, 1962 (West Ben. Act XVI of 1962).
       6[(2A) Every appeal pending before any Munsif at the commencement of the West Bengal Land Reforms (Amendment) Act, 1970 shall on such commencement stand transferred to. and be disposed of by. the 1 [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.
       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".
       6. Sub-sections (2A) and [2B) 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).
       1[(2B) The Collector may transfer any appeal. whether transferred to or filed before him for disposal to any officer subordinate to him as may be prescribed :
       1. Sub-section (2B) subs. 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 :
       "(2B) The 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.".
       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 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.]]
       2[(3) The 3[Collector] or other officer hearing the appeal may for sufficient cause make an order staying execution of the order appealed against.
       2. Sub-sections (3) and (4) added by the West Bengal Land Reforms (Amendment) Act, 1965 (West Ben. Act XVIII of 1965) with retrospective effect.
       3. 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.
       (4) When the 3[Collector] or other officer makes an order under subsection (3). a copy of such order shall be sent to the officer or authority before whom an application for execution is pending.]
3. 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.

S.19(a) Penalty

       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 punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.]
       6. Sub-sections (2) added by ibid.
       7. Ins. by the West Bengal Land Reforms (Amendment) Act, 1977 (West Ben. Act XXXIV of 1977).
       8[(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.]
       8. Sub-section (2A) ins. by ibid.
       1[(3) An offence under sub-section (2) 2[or under sub-section (2A)) shall be cognizable and bailable.]
       1. Sub-section (3) added by the West Bengal Land Reforms (Amendment) Act, 1966 (West Ben. Act XI of 1966).
       2. Ins. by the West Bengal Land Reforms (Amendment) Act, 1977 (West Ben. Act XXXIV of 1977).

S.19(b) Restoration of land to bargadar

       .-(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 3[person other than the bargadar] 4[shall retain twenty-five per cent] of the crops harvested before restoration and make over the 5[remaining seventy-five per cent] of such crops to the applicant :
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) for "new bargadar".
       4. Subs. by ibid for "shall retain fifty per cent".
       5. Subs. by ibid for "remaining fifty per cent".
       6[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 ceased to be in force :
       6. First to fourth provisos and Explanation thereto ins. by the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act XLI of 1980) (with effect from 29.9.1980).
       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. whichever is later :
       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 :
       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.
       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.]
       1 [(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 III of 1913). on a written requisition sent by such prescribed authority to the certificate officer.]
       1. Sub-section (1A) ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981).
       2[(2) 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.]
       2. Sub-section (2) subs. by ibid. which was earlier as under :
       "(2) An appeal shall lie to the Collector against any order made under subsection (1).".
       (3) 3( * * * )
       3. Sub-section (3) of section 19B omitted by ibid. which was earlier as under :
       "(3) For purposes of sub-section (2), Collector shall include an Additional Collector, a Deputy Collector a Sub-Collector a Sub-Deputy Collector or any officer specially empowered by the State Government in this behalf.".

S.20 Procedure and execution

       (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.".
       (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 Pous or Magh, and
       (ii) elsewhere. the month of Chaitra and 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.]

S.20(a) Setting aside of order for termination of cultivation by bargadars

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, 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).

S.20(b) Surrender or abandonment by bargadar.

       (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 the bargardar".
       (2) On receipt of such information 4[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.
       4. Ins. by ibid.
       (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 subsection (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[Provided that subject to the payment of compensation by a transferee to a bargadar under the Land Acquisition Act, 1894 (Act 1 of 1894), and the rules made thereunder. nothing in this sub-section shall apply to any land intended to be utilised for any of the purposes referred to in the first proviso to section 14Y.]
1. Proviso added by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 27.8.1996).

S.21 Bar of jurisdiction

       (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 Act, 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.
       4[(3) If any question as to whether a person is or is not a bargadar arises in the course of any 5[suit. case’. appeal or other] proceedings before any Civil or Criminal Court. the Court shall refer it to the officer or authority mentioned in sub-section (1) of section 18 6[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. Sub-section (3) added, by the West Bengal Land Reforms (Amendment) Act. 1974 (West Ben. Act XXXIII of 1974).
       5. Ins. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben, Act L of 1981).
       6. Subs. by ibid for "for decision".
       1[(4) 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 or decision, such officer or authority shall personally make such enquiry as may be prescribed, shall arrive at 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.]
1. Sub-section (4) added by the West Bengal Land Reforms (Amendment) Act. 1981 (West Ben. Act L of 1981).

S.21(a) Temporary stay of proceedings for termination of cultivation by bargadars

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).

S.21(b) Person cultivating land of another person to be presumed to be a bargadar in certain cases

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).

S.21(c) Constitution of State Land Corporation or Regional Land Corporation

       .-(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 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 (j) of section 14K 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 (Act 1 of 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 of 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 (Act 16 of 1908) the Transfer of Property Act, 1882 (Act 4 of 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 of 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 agreegate.]

S.21(d) Names of bargadars to be entered in the record-of-rights

       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 XXIII of 1989) (with retrospective effect from 7.8.1969).

S.21(e) Bar to legal practitioners

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.]

S.22 Liability to pay revenue

.-(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.

S.23 Determination of revenue

       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 with effect from such date as the State Government may by notification in the Official Gazette. specify for his land:-
       (a) above 6 acres, rupees 20 per acre;
       (b) comprised in tea garden and land used for cultivation of tea, rupees 30 per acre;
       4 [(c) used for mill. factory. workshop and other commercial purposes in rural areas. rupees 20 per decimal;
       Table
       SI. Category of plot of land Rate of revenue
       (1) (2) (3)
       1. Where any plot of land is situtated in the
       areas not falling within the local limits of
       any Municipal Corporation or Municipality.
       other than the areas of the Kolkata
       Metropolitan Development Authority
       (a) in case such plot of land is used for Rs. 20.00 per
       the purpose of agriculture: acre.
       (b) in case such plot of land is used for Rs. 30.00 per
       the purpose of activities allied to agriculture. acre.
       Explanation.- The expression "activities
       allied to agriculture" shall mean
       fisheries, poultries, piggeries, gotteries,
       floriculture, horticulture, sericulture,
       dairies, livestock breeding and include
       other land based biomass production activities;
       (c) in case such plot of land is comprised Rs. 30.00 per
       in tea garden and land used for cultivation acre.
       of tea;
       (d) in case such plot of land is used as Rs. 40.00 per
       homesteads and non-agricultural purposes acre.
       other than commercial and industrial
       activities as mentioned in clause (l)
       and clause (n);
       (e) in case such plot of land is held by any Rs. 50.00 per
       Government undertaking; acre.
       (f) in case such plot of land is used by a Rs. 150.00 per
       company or a body corporate. other acre.
       than Government company as defined in
       section 617 of the Companies Act, 1956
       (1 of 1956) for the purpose of activities
       allied to agriculture as defined
       in Explanation to clause (b);
       (g) in case such plot of land is used Rs. 200.00 per
       for brackish water fisheries by individual’ acre.
       fish farmers or by any co-operative society;
       (h) in case such plot of land is used for Rs. 400.00 per
       brackish water fisheries by a company acre.
       or any body corporate other than a
       Government company as defined in
       section 617 of the Companies Act, 1956;
       (i) in case such plot of land is used for Rs. 500.00 per
       any commercial and industrial activities acre.
       as mentioned in clause (n)
       without having any pucca structure;
       (j) in case such plot of land is used under Rs. 600.00 per
       multi-storied building by any acre.
       co-operative society;
       (k) in case such plot of land is used for Rs. 800.00 per
       housing complex developed by any acre.
       private company or any public company,
       other than a Government company as
       defined in section 617 of the
       Companies Act, 1956 (1 of ] 956) ;
       (l) in case such plot of land is used for Rs. 1000.00 per
       any commercial and industrial activities. Acre.
       not specified in clause (n). in any pucca
       structure;
       (n) in case such plot of land is used for Rs. 1200.00 per
       agro-processing, food-processing. per
       agroindustries, agricultural commodities
       storage warehouses and godowns.
       food parks in pucca structure;
       (n) in case such plot of land is used for Rs.1500.00 per
       commercial and industrial activities.
       Explanation.- The expression "commercial and
       industrial activities" shall mean cold storages,
       rice mills, general trading warehouses,
       godowns, automobiles garages,
       repairing shops, business establishments
       in market place or supennarket, multiplexes, cinema,
       theatre or video halls, and hotels.
       Restaurants, and hospitals, pathological
       Laboratories, nursing homes. and include
       other offices and establishments of any
       company or body corporate other than
       a Government company as defined in
       section 617 of the Companies
       Act, 1956 (1 of 1956) ;
       (o) in case such plot of land is comprised Rs. 2000.00 per
       in and used for mills. factories acre.
       or workshops other than those
       commercial and industrial activities
       specified in clause (0 and clause (n).
       2. Where any plot of land is situated in the
       areas falling within the local limits of any
       Municipal Corporation or Municipality.
       other than the areas of the Kolkata
       Metropolitan Development Authority
       (a) in case such plot of land is used for Rs. 20.00 per
       the purpose of agriculture and activities
       allied to agriculture;
       (b) in case such plot of land is used for
       homesteads and is situated within the
       local limits of
       (i) any Municipal Corporation. Rs. 35 per decimal.
       (ii) any Municipality of Category A. Rs. 25 per decimal.
       (ii) any Municipality of Category B, Rs. 20 per decimal.
       (iv) any Municipality of Category C. Rs. 15 per decimal.
       (v) any Municipality of Category D. Rs. 10 per decimal.
       (vi) any Municipality of Category E; Rs. 5 per decimal.
       (c) in case such plot of land is comprised in
       and used for mills, factories, workshops
       or any other commercial and industrial
       activities and such plot of land is
       situated within the local limits of
       (i) any Municipal Corporation. Rs. 175 per decimal.
       (ii) any Municipality of Category A. Rs. 150 per decimal.
       (iii) any Municipality of Category B. Rs. 100 per decimal.
       (iv) any Municipality of Category C. Rs. 75 per decimal.
       (v) any Municipality of Category D. Rs. 50 per decimal.
       (vi) any Municipality of Category E. Rs. 25 per decimal.
       Explanation.-The expression "commercial
       and industrial activities" shall mean cold
       storages, warehouses, godowns, automobiles
       garages, repairing shops, business
       establishments in marketplace or
       supermarket, multiplexes, cinema, theatre
       or video halls, hotels, restaurants
       and hospitals. pathological laboratories
        and nursing homes, and include other
       offices or establishments of any company
       and body corporate other than a Government
       company as defined in section 617
       of the Companies Act, 1956 (1 of 1956);
       (d) in case such plot of land is used for Rs. 50 per acre.
       non-agricultural purposes other
       than commercial and industrial
       activities mentioned in clause (c);
       Explanation I.-For the purpose of
       determination of revenue in respect
       of any plot of land. Municipalities
       are classified into the following
       categories on the basis of population
       as ascertained at the last preceding
       census of which the relevant figures
       have been published ;-
       Category A-municipal areas having
       population more
       than 2.15.000;
       Category B-municipal areas having
       population above 1. 70.000
       but not exceeding 2.15.000;
       Category C-municipal areas having
       population above 85.000
       but not exceeding 1. 70.000;
       Category D-municipal areas having
       population above 35.000
       but not exceeding 85.000:
       Category E-municipal areas having
       population not exceeding 35.000 :
       Provided that Darjeeling Municipality
       is classified as Category
       A municipality irrespective of the population.
       Explanation II.-For the purpose of
       determination of revenue in respect
       of any plot of land comprised
       in and used for mills, factories, workshops
       or other commercial and industrial activities.
       revenue for the portion of the plot of
       land which is not directly used
       for shops, offices, storages and godowns.
       parking’ spaces in pueea structures of
       such mills, factories, workshops shall
       be assessed at the rate specified in
clause (d) of serial No.2.]

S.23(a) Exemption

       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 is established under any law of the State of West Bengal. or recognized by the State Government. and is being aided by the State Government.]
       2. Explanation added by the West Bengal Land Reforms (Amendment) Act, 2010 (West Ben. Act XXVIII of 2010).

S.24 Exemption of revenue and payment of cess and surcharge

       .(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 made in respect of any land which lies within(a) any area within the local limits of a Municipality, or
       (b) 1[* * *]
       1. Paragraph (b) omitted by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIIi of 2005) (with effect from 1.12.2005). which was as under :
       "(b) any order constituted by the State Government as a notified area under section 378 of the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993). or".
       (e) 2[ * * *]
       2. Paragraph (e) omitted by ibid (with effect from 1.12.2005). which was as under :
       "(e) any area in a newly-developing locality as the State Government may by notification in the Official Gazette. specify. or".
       (d) 3[ ’" * *]
       3. Paragraph (d) omitted by ibid (with effect from 1.12.2005). which was as under :
       "(d) any area within an urban agglomeration as defined in clause (n) of section 2 of the. Urban Land (Ceiling and Regulation) Act, 1976 (Act 33 of 1976). or".

       (e) any area which is used for mill, factory, workshop or other commercial purposes;
       (b) where the land held by a raiyat and his family is situated in both irrigated and non-irrigated areas, then for the purposes of calculating the total area of land of the raiyat and his family. one hectare of land in irrigated area shall be deemed to be equivalent to 1.5 hectares of land in non-irrigated area;
       (c) if any amount already paid by a raiyat is in excess of the revenue payable by him under this section, the amount paid in excess shall be refunded to him. but if there is any deficiency in such payment such deficiency shall be recovered from him as an arrear of revenue under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913), without any claim for interest being made on such deficiency.
       Explanation.-For the purposes of this section. (i) "family", in relation to a raiyat. shall be deemed to consist of himself, his wife minor sons and unmarried daughters. if any. and (ii) "irrigated area" shall have the same meaning as in clause (iii) of section 14K.
(2) Any person aggrieved by an order made by the Revenue Of leer under clause (a) of sub-section (1) may within thirty days from the date of such order or within such further time as such authority may. on sufficient causes being shown allow prefer an appeal to such authority as the State Government may by notification in the Official Gazette specify.

S.25 Grounds for alteration of revenue

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.

S.26 Bar to jurisdiction of Civil Court

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.

S.27 Instalment time and place for payment of revenue

       (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.

S.28 Raiyat entitled to receipt for revenue

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.

S.29 Chapter IV to have overriding effect

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).

S.30 Repeal of 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.

S.31 .

Omitted

S.32 .

Omitted

S.33 .

Omitted

S.34 .

Omitted

S.35 .

Omitted

S.36 .

Omitted

S.37 .

Omitted

S.38 .

Omitted

S.39 Acquisition of 2[plots of land] for consolidation

       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".
       5[Provided that consolidation of 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.]
       5. Proviso subs. by ibid (with retrospective effect from 7.8.1969). which was earlier as under :
       "Provided that the State Government shall not undertake consolidation of lands as aforesaid unless two-thirds or more of the owners of the holdings which will be affected by such consolidation agree to it."

S.40 Redistribution of land after acquisition

       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 :
       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.

S.41 Transference of encumbrances on 8[plot of land]

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".

S.42 Recovery of the excess value of allotted land

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.

S.43 Formation of Co-operative Farming Societies

       (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 the society may enlist new members in accordance with the rules and bye-laws under the said Act for the time being in force.
       2. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) for "the Bengal Co-operative Societies Act, 1940".
       (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 3[exceeds the ceiling area applicable to him under Chapter II-B).
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII or’1972) for "exceeds twenty five acres so long as he continues to be a member of society".
       (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 Cooperative Farming Society shall have the right to acquire or hold any land except the land which vests in it under sub-section (3).
       (6) 1 [* * *]
1. Sub-section (6) omitted by the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Ben. Act XXVIII of 1972).

S.44 Restriction on transfer of shares in a Co-operative Farming Society

       (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.

S.45 Dissolution of a Co-operative Farming Society

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.

S.46 Transfer of lands on dissolution of a Co-operative Farming Society

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.

S.47 Revenue payable by a Co-operative Farming Society

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.

S.48 Concession and facilities for a Co-operative Farming Society

       (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) arrangement for better marketing.

S.48(a) Formation of Co-operative Common Service Society

       (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-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 2[0.4047 hectare] in the aggregate.
       2. Subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989) for "one hectare".
       (3) Notwithstanding anything contained in the West Bengal Cooperative 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 of 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 fertilisers), seeds, modern scientific agricultural implements and such other inputs as may be necessary for cultivation 3[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 1[or out of the fund raised by it.)
       3. Ins. by ibid (with effect from 12.5.1989).
       1. Ins. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).
       (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.)

S.49 Principles of distribution of lands

       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 (Second Amendment) Act, 1972 (West Ben. Act XXVIII of 1972).
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 1981 (West Ben. Act L of 1981) (with retrospective effect form 7.8.1969) for "0.4047 hectare of land", in which the figures "0.4047" were earlier subs. by the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act XLI of 1980) (with effect from 29.9.1980) for the figures "1.00".
       (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 the persons belonging to Scheduled Caste or Scheduled Tribe or who form themselves into a Co-operative Society for the purpose :
       4[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.
       4. Second proviso and Explanation thereto subs. by the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act XLI of 1980) (with effect from 29.9.1980).
       Explanation.-The second proviso to sub-section (1) shall not apply to an agricultural labourer artisan or fisherman.]
       1 [Provided also that nothing in this sub-section shall apply to any case when freehold title-deed for land is given to a bona fide refugee in accordance with such norms as may be prescribed by the appropriate Department of the State Government.]
       1. Third proviso ins. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969).
       2((IA) 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.]
       2. Sub-section (1A) ins. by the West Bengal Land Reforms (Amendment) Act, 1975 (West Ben. Act XXIII of 1975).
       3[(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 prescribed. is satisfied that settlement of such land 4[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.]
       3. Sub-section (2) subs. by ibid. which was earlier added by the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Ben. Act XXVIII of 1972).
       4. Subs. by the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act XLI of 1980) for -was obtained by any person under sub-section (1) by practising fraud or misrepresentation".
       5((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.]
       5. Sub-section (3) subs. by Ibid. which was earlier added by the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Ben. Act XXVIII of 1972).
       6[(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 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 enforcing delivery of possession of such land.]
       6. Sub-section (3A) ins. by the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act XLI of 1980).
       1[(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.]
       1. Sub-section (4) added by the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Ben. Act XXVIII of 1972).
       2[(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.]
       2. Sub-section (4A) ins. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).
       3[(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.
       3. Sub-section (5) and the Explanation thereto added by the West Bengal Land Reforms (Amendment) Act, 1980 (West Ben. Act XLI of 1980).
       4[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.]
       4. Existing Explanation renumbered as Explanation I by the West Bengal Land Reforms (Amendments Act, 1996 (West Ben. Act XXIV of 1996).
       5[Explanation II.-For the purposes of this sub-section "industry" includes a tea-garden, mill, factory or workshop. livestock breeding, poultry farming or dairy. 6[or township in an area declared to be a Planning Area under] the West Bengal Town and Country (Planning and Development) Act, 1979].
       5. Explanation II ins. by ibid.
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 "or township approved under".

S.49(a) Penalty for unauthorised occupation of vested lands

       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 effect from 7.8.1969] for "Maintenance and revision of the record-of-rights".

S.50 Maintenance of the record-of-rights

       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 Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "holdings".
       (c) new settlement of lands or of 4[plots of land];
       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 "holdings".
       (d) variation of revenue;
       (e) alteration in the mode of cultivation for example by a bargadar and
       (f) such other causes as necessitate a change in the record-of-rights.
       5[(2) For every mouza in any district for which computerisation of land-record has been completed. the original set of finally published record-of-rights prepared under section 51A for such mouza of such district shall be preserved. and a set of computerised print-out of the finally published record of such mouza. duly authenticated by the prescribed authority. shall be taken up for updating and for issue of certified copies through computer. Such computerised record-of-rights duly authenticated by the prescribed authority. shall be presumed to be correct and on a par with the original copy of. record-of-rights.]
       5. Sub-section (2) ins. by ibid (with retrospective effect from 7.8.1969).

S.50(a) Section 50 not to apply to certain cases

       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 incorporation of such changes is necessary to mitigate the hardship of a raiyat.)]
       1, Proviso added by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben, Act XXXV of 1986) (with effect from 12.5.1989)
       2. Subs. by the West Bengal. Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "Revenue Officers specially empowered".

S.50(b) Modification of record-of-rights

       .-(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 prescribed authority shall publish a draft of the record modified in the prescribed manner and for the prescribed period and shall receive and consider any objection to any entry therein or to any omission therefrom.
       (4) When all such objections under sub-section (3) have been considered and disposed of the prescribed authority shall cause the modified record to be finally published in the prescribed manner and shall certify the fact of final publication and the date thereof and shall date and superscribe the same under his name and official designation
       (5) Any officer specially empowered by the State Government in this behalf may within such period as may be prescribed revise in the prescribed manner any entry in a record finally published under subsection (4) after giving the person or persons interested an opportunity of being heard and after recording reasons therefor.
       (6) Every entry in a modified record-of-rights finally published under sub-section (4). including any entry revised under sub-section (5). shall be presumed to be correct.
       (7) The provisions of this section shall not apply to a record-of rights in respect of a village the revision or preparation of which has commenced under Chapter VIIA but shall apply to such record-of rights after its final publication under sub-section (2) of section 51A.
       (8) When an order has been made under sub-section (1), no Civil Court shall entertain any suit or application which involves correction, revision, modification or cancellation of any entry in the record-of-rights of a village in accordance with such order. till the record-of-rights relating to such village is finally published under sub-section (4), and if any suit or application relating to any entry in such record-of-rights is pending before a Civil Court on the date of issue of such order such suit or application as the case may be shall abate.]

S.51 Revision or preparation of the record-of-rights

       .-(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.]
       2[(4) 3[ * * *.].
       2. Sub-sections (4) and (5) added by the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act XXXIII of 1974).
       3. Sub-section (4) omitted by the West Bengal Land Reforms (Amendment) Act. 1981 (West Ben. Act L of 1981) (with effect from 7.8.1969), which was earlier as under :
       "(4) Notwithstanding anything contained in the West Bengal Non-Agricultural Teanancy Act, 1949. where any non-agricultural land is comprised in the holding of a raiyat or where any agricultural land is comprised is any nonagricultural tenancy. the Revenue Officer shall
       (a) divide the holding or tenancy as the case may be so as to constitute separate holding or tenancies for the agricultural land and the nonagricultural land;
       (b) apportion the existing revenue or rent as the case may be. between the holdings and the tenancies so constituted on he basis of area; and
       (c) record the non-agricultural tenant holding any agricultural land whether under superior tenant or not as a raiyat holding directly under the State. -.
(5) There shall be a’ separate Jchatian for each raiyat and the khatian shall include all lands held by such raiyat in one mouza.]

S.51(a) Draft and final publication of the record-of-rights

       .-(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 designation.
       (3) Separate publication of different parts of draft or final records may be made under sub-section (1) or sub-section (2) for different local areas.
       1[(4) An officer specially empowered by the State Government may on application within one year. or on his own motion 2[within. thirty-five 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.]
       1. Sub-section (4) subs. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986).
       2. Subs. by the West Bengal Land Reforms (Amendment) Act, 2010 (West Ben. Act XXVIII of 2010) for "within twenty-five’ years". which were earlier subs. by the West Bengal Land Reforms (Amendment) Act, 2000 (West Ben. Act XXXI of 2000) (with retrospective effect from 7.8.1969) for "within three years."
       3[(5) Any person aggrieved by an order passed in revision under subsection (4) may. within such period. and on payment of such fee. as may be prescribed. appeal in the prescribed manner to the prescribed authority of the district in which the land referred to in the record-of rights is situated :
       3. Sub-section (5) subs. 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 :
       "(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 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 51D at the commencement of section 19 of the West Bengal Land Reforms (Amendment) Act, 1971. shall on such commencement stand transferred to. and be disposed of by 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.".
       Provided that where the appeal is preferred to a Collector he may transfer the appeal to such officer subordinate to him as may be prescribed :
       Provided further 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.]
       (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. stating 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 subsection (2) including an entry revised under sub-section (4) or corrected under section 51B 1[or section 51BB] shall. subject to any modification by an order on appeal under sub-section (5). be presumed to be correct
       2[* * * *].]
       1. Ins. by the West Bengal Land Reforms (Third Amendment) Act, 1986 (West Ben. Act XXXV of 1986) (with effect from 12.5.1989).
2. The words until it is proved by evidence to be incorrect" omitted by the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act XXXIII of 1974).

S.51(b) Revision or correction of entry in record-of-rights

       .(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 time or on application within one year from the date of certificate of the final publication of the record-of-rights under sub-section (2) of section 51A, correct any entry in such record-of-rights which he is satisfied has been made owning to a bona fide mistake :
       Provided that no such correction shall be made if an appeal affecting such entry has been made under sub-section (5) of section 51A or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.".
       Provided that any order made under this sub-section shall be appealable in accordance with the provisions of sub-section (5) of section 51A.)

S.51(bb) Revision or correction of entry in record-of-rights before or after final publication

       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 fide mistake. until a notice has been given to the persons interested to appear and be heard in the matter.]

S.51(c) Bar to jurisdiction of Civil Court in respect of certain matters

       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 section renumbered as sub-section (1) of that section by the West Bengal Land Reforms (Amendment) Act, 1974 (West Ben. Act XXXIII of 1974).
       4[(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.)
       4. Sub-section (2) ins. by ibid.

S.51(d) .

       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.".

S.52 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. 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 and in accordance with such rules 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 I 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 3[Subject to the control of the State Government. particularly determination of terms and conditions of lease as may be specified in the lease deed and fixation of annual rent with or without premium.]
       3. Subs. by the West Bengal Land Reforms (Amendment) Act, 2005 (West Ben. Act XXVIII of 2005) (with effect from 1.12.2005) for "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.]

S.52(a) Provision for establishment of Government Company, etc.

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).

S.52(b) Power to enter upon or take possession of land

       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 (West Ben. Act XXVIII of 2005) (with effect from 1.12.2005.)
       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 rescission 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.]
       2[(2) The Revenue Officer may send a written requisition 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 the purpose of enforcing delivery of possession of the land after evicting the person in actual occupation of such land.]
2. Sub-section (2) ins. by ibid (with effect from 1.12.2005).

S.53 Delegation of powers by the State Government

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.

S.53(a) Revenue Officer to be a necessary party in all suits. etc.

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).

S.54 Appeals

       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. when the order is made by the Collector of a district within the Division;
       (c) 1 [* * *)
       1. Sub-clause (e) omitted 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). which was earlier as under:
       "(e) to the officer holding for the time being the office of Member, Board of Revenue, when the order is made by the Commissioner of a Division :
       Provided that where an order is confirmed on appeal no further appeal shall lie under this section....
       2[(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.
       2. Sub-sections (2), (3) and (4) ins. by the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act Xli of 1972).
       3[(3) After any appeal is preferred to a Collector. he may transfer the appeal to any officer subordinate to him as may be prescribed :
       3. Sub-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) Where any appeal is preferred to a Collector of the district. he may transfer the appeal to any officer subordinate to him, not being below the rank of a Sub-Deputy Collector:
       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 from....
       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.) (4) Any order passed in appeal shall be final.)
       4[(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 be final and shall not be called in question in any court.)
4. Sub-section (5) ins. by ibid (with retrospective effect from 7.8.1969).

S.55 Limitation for appeals

       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 [* * *].
       1. Clause (c) omitted 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 Xli of 1972) (with retrospective effect from 12.2.1971), which was earlier as under:
"(c) when the appeal lies to the officer holding or the time being the office of the Member. Board of Revenue-Ninety days.".

S.56 Power to enter upon land to make survey. etc.

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.

S.57 Powers of officers dealing with proceedings 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 and the production of records of documents or in enforcing or executing orders includirig an order for restoration of possession as if such orders were decrees of Civil Court and such officer shall record the substance of the evidence. if any, taken by him.".
       (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.

S.57(a) Vesting of powers of Civil Court under the Code of Civil Procedure. 1908

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).

S.58 Protection of action taken under this Act

.-(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.

S.59 Repeal

       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).
       (6) The Cooch Behar Tenancy Act, 1910 (Cooch Behar Act V of 1910).
       (7) The West Bengal Bargadars Act, 1950 (West Ben. Act II of 1950).
       2[ * * *]
       2. Proviso omitted by ibid.

S.60 Power to make rules

(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.

S.61 Bar to jurisdiction of court

       (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 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.

S.62 Power to State Government to give directions

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.

S.63 Repeal and savings

(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.]

All