(1) This Act may be called the West Bengal Acqui- Short title sition and settlement of Homestead Land Act, 1969. and oxtent.
(2) It extends to 'the whole of West. Bengal, except the areas to which the provisions of the Calcutta Municipal Act, 1951, the Howrah Municipal Act, 1965, the Bengal Municipal Act, 1932, the Cooch Behar Town Committee Act, 1903, the Cooch Behar Municipal Act, 1944, • the Chanderuagore Municipal Act, 1955, and the Cantonments Act, 1924 apply,
2. In this Act, unless ,there is anything repugnant in Definitions.
the subject or context,—
(a) "agricultural land" means land ordinarily used for purposes of agriculture or horticulture and includes such land, notwiths•tanding that it may be lying fallow for the time being;
. Price-20p:
2 The West Bengal Acquisition and Settlement of Homestead Land Act, 1969.
[west Ben. Act (Sections 3, 4.)
(b) "Collector" means the Collector of a. district and includes an Additional District Magistrate or any other officer appointed by the State Government to discharge any of the functions of a Collector under this Act;
(c) "holding" means the land or lands held by a raiyat and treated as a unit for assessment of revenue;
(d) "homestead" has the same meaning as in the West Bengal Estates Acquisition Act, 1053;
(e) "land" includes both agricultural land and nonagricultural land;
(f) "non-agricultural, land" means land other than agricultural land or other than land comprised in a forest;
(g) "non-agricultural tenant" means a non-agricultural tenant as defined in the West ,Bengal Non-Agricultural Tenancy Act, 1049;
(h) "occupier" means a person who is in possession of any land of another person without any interest therein based on title and who holds no land or not more than .8094 hectare of lapd either as owner or tenant thereof and includes the heirs of such person;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "raiyat" means a person who holds land for purposes of agriculture.
West Ben.
Act I of
1954.
West Ben, Act XX of 1949.
Aet not to apply to certain lands.
3. Nothing in this Act shall apply to any land—
(a) belonging to, or taken on lease or requisitioned by, Government;
(b) belonging to, or taken on lease by, any local authority.
Application
4. Where an occupier has constructed a homestead on to the the land in his possession and has been residing therein Collector. continuously for a period of not less than three years immediately before the date of coming into force of this Act, he may, within two years from such date, make an. application, in such manner and containing such particulars as may be prescribed, to the Collector having jurisdiction—
(a) if the land in his possession does not exceed .0334 hectare, for settling the land with him; and
(b) if the land in his possession exceeds .0334 hectare, for settling .0334 hectare of such land with him on which his homestead has been constructed.
The West Bengal Acquisition and Settlement of homestead 3 Land Act, 1969.
XV of 1969.]
(Sections 5-8,)
5. ' (1) On receipt of an application under section 4 the Collector shall make an inquiry in such manner as may be prescribed to determine whether an occupier has constructed a homestead on the land in his possession and has been residing therein continuously fur the period referred to in section 4.
(2) Notwithstanding anything contained in section 4, the. Collector may, on his own motion, make any, inquiry referred to in. sub-section (1):
Provided that no such inquiry shall 'be started after the expiry of two years from the date of coming iUto-forse of this Act.
(3) For the purpose of an inquiry tinder sub-section (1) the Collector shall have all the powers of a civil. court while trying a suit in respect of the following matters, -namely:—
(a) summoning and enforcing the attend-We of any persOn. 'and examining him on oath;
(b) _requiring the discovery and production of documents;
(a) receiving evidence on. affidavits.
Inquiry by bhe Collector.
6. If the Collector is satisfied on an inquiry under Demarco.- section 5 that an occupier has constructed a homestead on tion t_ f the land in his possession and has been residing therein of the continuously-for the period referred to in section 4, he shall ana make an order for demarcating such land or where such land exceeds .0334 hectare, for demarcating .0334 hectare of such land on which the homestead has been constructed.