(1) This Act may be called the West Bengal Acquisition of Short title Homestead Land for Agricultural Labourers, Artisans and Fishermen and extent.
Act, 1975.
(2) It extends to the whole of West Bengal except the areas included within a municipal corporation, a municipality, a town committee, a notified area and a cantonment and also the areas included within the Calcutta Metropolitan Area.
2. In this Act, unless there is anything repugnant in the subject or Definitions.
context,—
(a) "artisan" means a handicraftsman and includes potter, carpenter and blacksmith;
(b) "Calcutta Metropolitan Area" means the area as defined in section 2 of the Calcutta Metropolitan Developmment Authority Act, 1972;
223 The West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975.
[West Ben. Act (Sections 3, 4.)
(c) "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;
(d) "homestead" means a dwelling house which is complete in itself and is not shared in common with any person other than a person belonging to the same family and includes any courtyard, compound, garden, place of worship, family graveyard, tank, well, privy, latrine, drain and boundary wall annexed to or appertaining to such dwelling house but does not include a brick-built structure with a pucca roof:
Provided that in the district of Darjeeling excluding its Siliguri sub-division a homestead shall include a brick-built structure with a pucca roof;
Explanation.—For the purposes of this clause, "family" includes husband, wife, son, daughter and any lineal descendant of any son or daughter;
(e) "land" means either agricultural land or non-agricultural land upon which there is a homestead;
(f) "occupier" means an agricultural labourer or an artisan or a fisherman who is in possession of any land of another person, either as a lessee or as a licensee or as a trespasser and who holds no other land in any capacity whatsoever and includes the heirs of such person;
(g) "prescribed" means prescribed by rules made under this Act.
Act not to apply to certain lands.
Acquisition of lands for occupiers.
3. Nothing in this Act shall apply to any land—
(a) belonging to, or taken on lease or requisitioned by, the Central or any State Government;
(b) belonging to, or taken on lease by, any local or statutory authority.
4. Where an occupier has been in possession of any land on the 26th day of June, 1975 then—
(a) if the land in his possession dose not exceed .0334 hectare, such land, and
(b) if the land in his *session exceeds .0334 hectare, so much of such land as does not exceed .0334 hectare, shall stand acquired by the State Government and shall thereupon stand transferred to and vest absolutely in favour of such occupier.
224 The West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975.
XLVII of 1975.]
(Sections 5-9.)
5. When any land is acquired under section 4, there shall be paid by the State Government to every owner an amount which shall be equivalent to ten times of the annual revenue or rent, as the case may be, of such land to be determined by the Collector in the prescribed manner.
Explanation.—An owner includes all persons claiming an interest in the amount to be paid on account of the acquisition of the land and a person shall be deemed to be interested in land if he is interested in an easement affecting the land.
Amount to be paid.
6. Where there are several persons interested in the land acquired Apportionunder section 4, the Collector shall, by order, apportion the amount [Went of the amount.
amongst such persons in accordance with the nature and extent of interest held by each such person.
7. An occupier in whose favour any land vests under section 4 shall status of have the status— occupier.
(i) of a raiyat, if such land is agricultural land, or
(ii) of a non-agricultural tenant, if such land is non-agricultural land:
Provided that the occupier shall not be liable to pay any revenue or rent for such land.
8. Any person whose land has been acquired under the provisions Abatement of section 4 shall be entitled— of revenue
(a) if the land is included in an agricultural holding, to have the or rent.
revenue payable by him abated by such amount as bears the same proportion to such revenue as the area of the land acquired bears to the area of such agricultural holding, and
(b) if the land is included in any non-agricultural tenancy, to have the rent payable by him abated by such amount as bears the same proportion to such rent as the area of the land acquired bears to the area of such tenancy.