(1) This Act may be called the West Bengal Government Land Short title, (Regulation of Transfer) Act, 1993. extend and commence-
(2) It extends to the whole of West Bengal. ment.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "appellate authority" means any authority, not below the rank of District Judge, appointed by the Government in respect of any Government estate or class of Government estates by notification for the purposes of this Act, and includes different such authorities for different Government estates or different classes of Government estates;
417 The West Bengal Government Land (Regulation of Transfer) Act, 1993.
[West Ben. Act (Chapter L—Preliminary.—Section 2.)
(b) "competent authority" means any officer, not below the rank of Deputy Magistrate, appointed by the State Government by notification to perform the functions of the competent authority under this Act in respect of such Government estate or Government estates or class of Government estates or classes of Government estates as may be specified in the notification;
(c) "family" has the same meaning as in clause (2) of the
Explanation to clause (1) of sub-section (1) of section 13 of the West Bengal Premises Tenancy Act, 1956; West Ben.
ActXII of
(d) "Government estate", in relation to any local area, means an 1956.
area planned or developed by the State Government or any Government undertaking for residential or commercial purpose or for such other purpose as the State Government or the Government undertaking, as the case may be, may determine;
(e) "Government land" means any land comprised in a Government estate;
(f) "Government undertaking" means a body corporate constituted by or under a State Act and owned or controlled or managed by the State Government, and includes any company, as defined in section 3 of the Companies Act, 1956, 1 of 1956.
which is under the management of, or in which not less than fifty-one per cent of the paid up share capital is held by the State Government;
(g) "land" includes buildings and other things attached to the earth or permanently fastened to anything attached to the earth.
Explanation.—"Building" shall include a building under construction;
(h) "lease" has the same meaning as in the Transfer of Property 4 of 1882.
Act, 1882;
(i) "lessee" includes an individual, a family, a firm, a company, or an association or body of individuals, whether incorporated or not;
(j) "notification" means a notification published in the Official Gazette;
(k) "prescribed" means prescribed by rules made under this Act;
418 The West Bengal Government Land (Regulation of Transfer) Act, 1993.
XXVII of 1993.]
(Chapter 1—Preliminary—Sec on 2.)
7 of 1882.
West Ben.
Act XII of
1956.
(1) "relation" means,— (A) in the case of an individual or family,—
(a) any of the two persons who are said to be related to each other so as one is the father, mother, brother or sister of the other, or
(b) any of the two persons who are said to be related to each other by marriage, such as husband and wife, but does not include—
(i) any of the two persons who are said to be related to each other by half blood when they are descended from a common ancestor but by different wives, or
(ii) any of the two persons who are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands, or
(iii) any of the two persons who are said to be related to each other so as one is the stepfather or stepmother of the other;
(B) in the case of a firm, company or association or body of individuals, whether incorporated or not, any other body corporate under any law for the time being in force or registered or established under any law for the time being in force and compatible with such firm, company or association or body of individuals.
Explanation.—In this clause, "ancestor" includes the father and "ancestress" the mother;
(m) "transfer of Government land" includes the transfer of any right, title, interest or possession in such land, either in whole or in part, and also includes the transfer to a tenant or licensee of the right of enjoyment of such land or the transfer of management of such land by an instrument creating a power-of-attorney within the meaning of the Powers-of-Attorney Act, 1882, or by any other instrument having effect by virtue of any law other than this Act.
Explanation.—"Tenant" shall have the same meaning as in the West Bengal Premises Tenancy Act, 1956.
419 The West Bengal Government Land (Regulation of Transfer) Act, 1993.
[West Ben. Act (Chapter II Barto application of certain enactments.—Sections 3-5.— Chapter Ill.—Transfer or sale of Government land—Section 6.)
Certain enactments not to apply to transfer of Government land.
CHAPTER II Bar to application of certain enactments
3. Notwithstanding anything contained in this Act or in any other law for the trine being in force or in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any court, tribunal or other authority, nothing contained in the Transfer of Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal Premises Tenancy Act, 1956, shall apply, or shall be deemed ever to have applied, to any transfer of Government land to a lessee, either by lease or by any other instrument, by or on behalf of the State Government, and such transfer of Government land shall take effect, and shall be deemed always to have taken effect, as if the Transfer of Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal Premises Tenancy Act, 1956, had not been passed.
Bar to registration of document.
Permission by competent authority to be valid not withstanding anything to the contrary contained in the Act or in any other law.
4 of 1882.
9 of 1872.
West Ben.
Act XII of 1956.
4. Notwithstanding anything contained in the Registration Act, 1 6 of 1908.
1908, no registering officer shall register any document relating to the transfer of Government land, held by any lessee on lease, in favour of any person, not being the State Government or a Government undertaking, except with the permission granted by the competent authority in writing in this behalf.
5. Any restriction, condition or limitation contained in the permission as aforesaid shall be valid and shall take effect according to its tenor and intent, notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any court, tribunal or other authority.
Bar to transfer of Government land.
CHAPTER III Transfer or sale of Government land