The West Bengal Land Reforms Act, 1955

West Bengal Act X of 1956 THE WEST BENGAL LAND REFORMS ACT, 1955. CONTENTS.

CHAPTER I. Preliminary. Scc~ions.

1. Shon rille. exlent and commenccmenr. 1 A. Dcclaralion as 10 the policy of rhc Srarc.

2. Dcfinilions. , .

3. Act to override other laws.

3A. Righrs of non-agricul[ural-tcnanls and under-kenan& in non-agricullural land to vcst in he S~arc. Raiyals. Rights of raiyar in rcspccr of land. Cerlain resrrictions on righrs of raiyars in Sadar, Kalirnpong and Kurseong sub-divisions of Darjceling Dislricr. Mainlcnancc and prcscrva~ion of Iand. Permission for changc of m a , characler or use of land. Offcnces and pcndlies. Bar to regislralion. Transferability of holding of a roijat. (Otllirfed). Lirnila~ion on Inortgagz of raiyuti holdings. Right of purchase by co-sharer or conriguous rcnanr. Rcvenue OFficer lo allow the application ,md apporrion lands in ccnain cascs. Consequences of an order for transfer. Diluvjared Iands. Land gained by recess of river or sea. (Omirred). Pa~ri~ion of holding among co-sharer rrriyots.

CHAPTER IIA. Restrictions on alienation of Iand by Scheduled Tribes.

14A. Provisions or Chapter n A lo override oker provisions of this ACI. t4B. Restrictions on alienation of land by Schcdulcd Tribes. Tlze West Berrgal Larrd ReJanss Acr, 1955. i I [West Den. Act Sccrions.

14C. Modcs of trawfcr of land by Scheduled Tribcs.

14D. Transfer in conrravenhon or Chapler HA shall not be valid unless rcgistcred. 1 I - I E , Power to Revenuc OFficcr to sel asidc improper transfers by raijar.

14F. Resrriction on ~ h c sale of roi!.of's holding or ; m y portion thereof. I1FF. Brrrnrrli wansaction or instmmcnr ro be void.

14G. Powcr to the Revenue Oificcr to se~tle or scll holding lor realization of cerlifica~e ducs.

14ET. Appeal and revision.

14HH. Setting aside of sale of land of a raiya! belonging to a Scheduled Tribe.

141. Bar lo suirs. .. .

CHAPTER IIB. Cciling on Holdings. provisions of Chaptcr IIB to have ovcmding effecl. Dcfinirions. No raijat ro hold land in cxccss of the ceiling area. i Ceiling nrca. Detcrminuion of irrigated area. Appeal. Land ~ransferrcd after the 7th day of Augusl, I969 tobc rakcn into account in dclcrmining the cciIing area. Ceilirig area in special c i ~ c s . t Exernpuon. ! Vesting of land in cxcess of cciljng arca. Powcr lo cnrcc upon and takc possession or vcstcd land. Duty of roijat ro furnish return. Restriction on transfer of land by a miyar. , .. . , - Paymen! of amount. . . - . (On it fed). Bar of jurisdjclian of Civi I Couns. Limita~jon on i u ~ u r e acquisilion of land by a r-aiyut. Application of Chaptcr IIB.

CHAPTER 111.

15. Ceriain snfcguards for holdings cultivated by borgadars.

15A. Conrinua[io~~ or righl or cultivation on Bargador's dealh.

16. S harc or produce payable by a bargrrdttr. 1 6A. Bat4pndar cntilled to recovcr his share in ccrlain cases.

17. Terminationofcultivadonbybrrr~adar.

18. Turisdiclion lo dccide certain disputes. Sccrions. l8A. Conlinuancc i n orficc of oficers and aulhoritics appoinred under sections 17 and 18 unlil I . successor commences ro funcrion.

19. Appeal.

19A. Penally.

19B. Restoration of land to bargarlar.

20. Pmccdure and execulion. ?Oh. Scrting aside or order for tenninauon of culdvariun by bargudors.

10B. Surrcndcr or abandonment by bargadar. 2 1 . Bar of jurisdicdon. 2 1 A. Temporary stay of procccdings for termination of cultivation by borgadars. ' 21 8. Person cultivating land of another person lo be presumed lo be a bargadar in cenain cases. 2 IC. Conslitution of Sralc Land Corporalion or Regional Land Corporation. 21 D. Names of borgadars lo be cntcrcd in rhe record-of-rights. 2 1 E. Bar 10 lcgal practitioners. Provisions tu to revenue.

22. Liability 10 pay revenue.

23. Delerminauon of rcvcnuc.

23A. Abalemenl of rcvcnuc in respect of homeslcad.

23B. Re-assessment of revenuc. cxcmplion of revcnuc of small holdings and payment of surcharge.

23C. Partial application of section 23B lo [he hilly portion of thc disuicr of Dajccling. i ! ::' ] [Ot~~ifrcd).

32.

33. Grounds for nl~erarion of revenue.

34. Bar ro jurisdiclion of Civil Coun.

35. Ins~alment, time and placc far payment of revenue.

36. Kaijat en~itlcd to a receipt for revenuc.

37. Rebare on paymcnt in time and interesr on arccan.

38. Procedure for recovery or arrcars of revenuc.

CHAPTER V, Consolidation of lands comprised in holdings, and Co-operative Farming S o c i e t i s .

39. Acquisirion of holdings Tor consolida~ion.

40. Rcdislriburion of land aflcr acquisition. 4 1. Transference of incurnbranccs on holding.

42. Recnverv of the excess valuc oTallntted lanrl. 582 rile West Bengal hr td Refortris Acr, 1955. [West Ben. Act Sections.

43. Formadon of Co-operative Fanning Socielies. u. Restriclion on uansrcr of shares in a Co-operarive Farming Sociely. 45, Dissolution of a Co-operarive Farming Socicty.

46. Transfer of lands on dissolution of a Co-opcrative Farming Socicty.

47. Rcvenuc payable by a Co-opcmiive F m i n g Society.

48. Concession and faciliucs for a Co-opcriltive Farming Socicry.

48A. Formation of Co-operative Common Service Socicry.

CHAPTER VI. . . , - Principles of distribution of lands.

49. hinciplcs or disuibution of lands.

49A. Peualry for unauthorised occupalion of vcsrcd lands.

CHAPTER VII. i Maintenance of the record-of-rigbts.

50. Mainrcnance of the record-of-righu.

CHAPTER VITA. Prcparation or revision of record-of rights.

50A. Sccdon 50 not to apply to cerlain cases. , - ...- . . . .

51. Rcvision or preparalion of the record-of-rights.

51A. Drah and final publication of the recard-of-righls. . 5 IB. Revision or correction of enlry in record-of-righa. . . 5 1 ED. Revision or correc~ion of e n q in record-of-righls before or afrer final publication. . 5 IC. Bar to jurisdiction of Civil Court in respect or cemin matters. 5 1D. (Olnirred).

CHAPTER vm. Management of lands,

52. Managenienr of lands.

52A. Provision for eslablishmcnt of Govcrnmenl Company, crc.

52B. Power to cnlcr upon or rake possession of land. The West Bertgal Lurid Relornu Act, 1955.

CHAPTER IX. Scclions.

53. Delegalion of powers by the Stale Governmenl.

53A. Revenue Officer lo be a necessary party i n all suits, elc.

54. Appeals.

55. Limitation for appcals.

56. Power to enter upon land, l o make s w e y , clc.

57. Powers of officers dealing with proceedings under his Acl.

58. Proleclion of aclion laken under rhis Acl.

59. Repeal.

60. Powcr lo make rulcs.

61. Bar ro jurisdicrion of Coun.

62. Power lo Slale Governmcnr lo givc direcuons.

63. Repeal and savings. West Bengal Act X of 1956' THEWESTBENGALLANDREFORMS ACT, 195S2. . . . . Nil. 1 W e s ~ Ben. ACL XXIlI of 1957. West Ben. Acl VI of 1960. Wesl Bcn. Act XVIlI o l 1960. West Bcn. Act XVI of t 962. Wen Ben. Acl XVm of 1965. Wesr Ben. Act XI of 1966. Wcsl Bcn. Act XI of 1969. West Ben. ACI XXIII of I969. 1 West Ben. Act XI1 of 1972. W e s ~ Bcn. Act XXVm of 1972. West Ben. Act XXXm of 1974. - West Ben. Act XXIlI of 1975. W c s ~ Ben. Acr XI1 of 1976. W e s ~ Bcn. Aa XXXW of 1977. West Bcn. Act XXXVII of 1978. Wesl Bcn. Act XXXIX of 1978. Wesl Ben. Act XLI of 1980. Wesl Ben. Act L of 198 1. Wesl Bcn. Acl V of 1986. West Ben. Act XIX of 1956. Wcst Ben. Acl XXXV of 1986. West Bcn. Act XXIII of 1989. West Bcn. Act XXIV of 1990. Wcst Ben. Act XXIV of 1996. An Acr ;o rejurnl rile law relarirzg to la~rdtet~rrre cotrseqrrerrr or1 rile vestirtg of all esrures aud of certailr rights t/~ereirr ?[usd also ro cotuolidare rlte larv relali~rg ro Im~d rcfonrrs] in tlre State. il is hereby enac~ed in the Sixth Year of the Republic ofhdia. by the Legislature of West Bengul, ns follows:-

CHAPTER I. Preliminary.

1. ( 1 ) This Acl may be called [he Wesl Bengal Land Reforms Acl, Shon ~iilc,

1955. clrienr and cornmcncc- (2) 11 cx~ends lo rhc whole of Wcst Benga14[except he area described ,,,- \ ~ s t Ben. in Schedulc I of the Calcutla Municipal Corporalion Act. 1980, but no1 Aft XXX[I excepting the area included i n [he said Schedule, which, inlrnediately before thc conling into Force of he Calcu~a Municipal Corporalion \Vea Bm. LIX of (Arnendmcnt) Act. 1983, was comprised in the municipality of Jadavpur,

1980. Soulh Suburban or Garden Rcach:] 'Provided that Ihe Slate Government may, from l ime to rimc by notificalion in the Oficial Gazette, exlend and bring into force ~ h c 'In term< of thc provisions of sub-srction (3) ofscction 3 read wirh Schedule I!! of thc West Bengd T'nnsrerrcd Tcrritorics (Assimilationolhws) ACI, I958 (West Ben. Aci XIX or 1958), his Act shall not cniend to, or corn into force in, the rerri~ories tmnsrerrcd from the SiatcolBiharro he Srafe 01 Wcst Btngd by s. 3 olthc Biharand Wcst Bcngizl (TmTcr or Tcmfories) Acr. 1956 (XL of 1956). +For the Statemcni of Objecrs a d Rcaons. scc Ihz Cnlcurta Goterte, Exrraordinaq: datcd thc IOh Dcccrnkr, 1954, Pnrt IVA. agc 1765. For Repon of h e Joint Sclccr Commirlec.scrthzCalcurro Ga:crre. hrroflr&rny, dnlcd the l8th Augwt, 1955. Pnn IYA. page 1215. For proccedings orrhc West Bcngal Legislmivc Assembly. see the pmctxdings o f the rnecrings of the WCSI Bengal Legislaiiw Assembly, hcld on ihe 24ih md the 251h Februq, 16th A u g u s ~ 271h, 28th. 29th md 3Dth Seplernbcr, Isr, 3rd. 4h. 5th. 6lh, 7th, 8h, 10th md 11th Oclokr . lab. 13h and 14rhDccember. 1955; and for h c proccedings of h c Wcst Bengd Lcgisluivc Council, ree thc pmeedings of the rnccunp oilhc WCSL Bcngal kgislative Council hcld on the 4th Mmch, 18lh August, 21hh and 2151 Deccmkr. 1955. 'The words within thc square hnckcr werc inscned by s. ? or ~ h c Wcst Bcngaf h d Refom (Amendmcni) Act. 1981 [West Bcn. A a L 01 198 I) w.c.I.7.8.69. 'Thc words, figuresand rust bnckels wihinIhcsquare bmckcrs wctt substirutd forthc words md figures "cxccpc rhe - descrikd in Schcdulc 1 of rhe Calcutta Municipal Ac1.

1851. a h m c d to have bccn mcndrd undcr section 594 of that Aci." by s. 2 o f h c West Bcngd l a n d Rerorms (Amcndmenr) Aci. 1986 (Wat Bcn. Act V or 1986) w e F 4 1 R4 The Wesr Betigal Lat~d Refonns Act, 1955. West Ben. Act provisians of this Act, in whole or in part, to such pm or par& of the area described i n Schedule I to !he Calcutla Municipal Act, 195 1, w i h wesr Bcn. effect from such dare or dales u may be specified in the notificalion. $!Gy"'

(3) This section shall come into forcc a1 once and the rcmining provisions of this ACI, in wholc or in pan, shall come into 'forcc on such dale or dales and in such districr or part of a district as thc Srate Government may from time to rime by no~ification in Ihc Oficial Gazerre specify. IlecImlion ?]A. Ir is hereby declxcd thal h i s Act is for giving cffcci to the as to ~ h r policy of lhc policy of ~ h c Stale lowards securing the principles specified in clauses Sratc. (h) and (c) of article 39 of the Constiru~ion of India. 'Thc pmvisions orclausc (2). clausc (7) inctuding ~ h c ~ l n r r o r i n r ~ thcrcto. clausc (8) and clausc (9) of section 2, scclion 3. sfction 16, scclion 17 [except sub-scclion (3) kreoi], stclion I#. scction 19. sa r ion 20. section 21. *lion 59 [so Tar as it relnles ro clause (7) rhercol] and scction 60 came inlo f o m in all the dirtricls of Wcst Bengd with erfcct rmm the 31s1 March, 1956, ride notificdon No. 63461. Rcl.. dated Ihc 30th March, 1956. published in thr Culcrrrrfl Gnzme. Errraordinav. ddptcd the 31sl Mmh, 1956, PM I, pagc

679. The provisions of scc~ion 57 u m c into force on rhe 1st SeptcmLr, 1957, in all h e disrricrr, o r W-1 Bcnpd c x c c p ~ in ihc disuict of Pumlia md exccpt in h c police-stniions of C h o p a Kmndighi , Is1mpur and G o a l p o h or the Raigmj subdivision in lhe disrricl of Wesr Dinajpur. ~.idrnotifirnion No. 19990.-L. Ref., darcd the 13th August. 1957, published in the Culculfu Guzcltc, Er:ranrdinar)-. dated h c 17th August, 1957. Pan 1, p q c 3239. The provisions olclaust (12) o l ~ c l i o n 2 cane into forcc on thc 15th Jnnuuy. 1958, in all thc d i s t r i c ~ of War Bengal cxccpt in Ihc disuicr oiPurulia and excepl in the policc-stalions of Chopm h d i g h i , Islnmpur and Goalpokharorthc Raiganj subdivision in the district of Wcsl Din~jpur , vide norificnrion No. 624L. Ref., daied ~ h c 1 4 h Jmuy, 195%. publirhcd in ~ h t CalEir t~~ Garcfle, f i r roordi~ray. ddarcd h e I41h January. 1958. P u I, p q c 79. Thc provisions of sec~ions 19A and 19B came inlo ~ O K C on Lhc 16th February. 1958, in dl rhc disuicls of WML Bengal except in the disuict of Purulin and cxccpr in rhc police-slations of Chopn, K m d i g h i . lslampur and Godpnkhu or lhc Raigmj subdivision in lhc disvicr 01 W u j ~ Dinajpur, vide noufiurion No. 2730L. Ref., darcd l 3 ~ h Fcbruw, 1958. published in ~ h c Culcrrrrn Gazerrc. E r r r a o r d i r ~ u ~ , datcd Lhc 131h Fcbruuy. 1958, Pun I, pnge489. Clausc

(lo) ofsec. 2 aod sets. 4 3 ) . 6 ,8 .9 , 10,54 and 55 c m inlo T o w on rhc 22.10.63, in a11 h e districts of West Bengalexcepr in t h e w ttandcrred from Biharm Wesi Bengd under Aer 40 of 1956, vide norificntion No. 17998L. Ref.. d a d 12.10.63. publishcd in thc &lcurm ~ m e r r e . &rmorditray. oi 1963, Pat I. page 3 5 2 2 ~ Scclion 17(3) c m c into Iorce on

12.12.63, in dl ~hcdisvicrsorWcsr S e n g d e x c e p ~ i n t h e ~ l m s f e m d from B i h r o Wcsr Bcngd under Act 40 or 1956, vide norilicalion No. 208 ISL. Ref,, darcd 9.12.63, published in thc Calcutrn G a r r e . Errraordinaq, of 1963. Pan 1, p g c 409 1. Clause (6) oFscc. Z, xcs. 4(1), (11, (4) md (5). 4, 14. 15.49 and 58 came into lorce on the 7.6.65, in d l hcdisvicu af Wesl Bcngal c x c c p l i n r h c w i m r c r r c d fromBihwto Wcs~Bcngal undcrAcr40011956. i ide nolificalion No. S 144L. Rci.. dnicd ~ h c 4.6,65. publjshcd in rhc Cnlrurru Gozcrre, filraordit~nry, of 1965. Pm I, page 1 195. Subsections (I), (3), (4) and (6A) ofse t ion 2, subsection (?A), (28) md I2C) of=. 4, scc. 4A. s ~ . I I , sec. 12. all the provisions of Chprer I IA, proviso to sub-sccrion ( I) and sub-scc~ion (2A). (2B). and (6)of sn. IS, subseclion (3) md (4) of sec. 19, dl thcprovisions of Chnprcn IV, VII and VI11,section 56, and c l a u m ( I ) , [Z), (3, (4). (5) and (6) of s e ~ , 59 c a m into force in all thcdisvjcr of Wcsr Bengalcxccpr in thc rnnsfcrrcd f r o ~ n Biharto We51 Bengal under Act 400f 1965. vide notilicauon No. 14810L. Rei., dnted rhr 25.9.65, published i n k Cnlcurro Gazcrte, Erfruordinuq, of 1965, Pan .I pages 3769-3770. .. . . . . . The Wesr Beltgal Larid Refomts Act, 1955. 587 , 2. In his Acl, unless there is anylhjng repugnanl in [hc subject or Dclinitions. context,--

(1) "agriculrural year" means thc Bengali year commencing on rhc first day of Raisakfl;

(2) "bargodor" means a pcrson who under the syslcrn gcnenlly known as i~rilri, barga or bkug culuvates the land of ano~hcr person on condition of delivering a share of the producc of such land ID that person '[and includes a person who under thc system generally known m kisatfi =(or by any other descriplion) culuva~es h c land of anolher person on condition of receiving a share of Ihc product of such land from that pcrson;] Bcn. Act Ill of 1913. 'Explarratioa.-A. bargadnr shall coniinue to bc a bargodor h i 1 cultivation by him is lawfully lern~jnaled under this Act;

(3) "cerlificare" means a cenificare signed under the Bcngal Public Demands Recovery A c l 19 13;

(4) "Colleclor" means the Collector of a districl or any orher officer appoinrcd by h e Slate Govcmment ro discharge any of thc funclions of a Collcclor under [his Acr;

(5) "consolidation" includes re-arrangemen! of parcels of land comprised in a holding or in differcnr hoIdings for Ihe purposc of rendering such holding or holdings morc compact;

(6) "holding" means h e Imd or lands held by a raiyat and ~realed as a unit for assessrncnt of revenue; '(6A) "incumbnnce" means any lien, easemcnl or other right or interest created by a raijar on his holding or in limitation of his own intercst therein, but docs not include the right of the bargadar lo cultivale the land of the holding; - 'TIE words wirhin rhe squm bnckeu were inscncd by s. 2(i) ofthe West Bcngd Land Reforms (Arncndrnent) Act, 1972 west Ben. Act X11 of 1972). 'The words wilhin h c fin1 bnckcts wcrt insened by s. S(a)(i) of thc WCSL Bcngnl h n d Rclonns (Amendment) Acr. 1981 (Wcst Ben. ACI Lof 1981). w.c.i. 7.8.69. 'Thc 'Erglnr~ntiorl' was added by s. 5[21)(ii), ilrid. 'Clause (6A) was inscned with lemspcctive erfecl by s. 2[l) orthl: Wcsl Bengal Land Rclorrns (Amendment) Act. 1965 (Wmt Ren. Act XVII I of 1965) The West Betrgal hrrd Refortns Acr, 1955. [Wwl Ben. Act '(7) "land" means land of cvcry description and includes tank, tank-fishery, fishcry, homes~ead, or land used for thc purpose of livc-srock breeding, p o u l y farming. dairy or land comprlscd i n rea garden, mill. factory, workshop, orchard, hot. bu:ar. ferries. tolls or land having any olher sairati interesls, and any olher Iand rogclher wilh all intercsrs, and benefits arising out of land and things allachcd lo the eanh or pcrmanenlly fa~ened lo any rhing auachcd to cmh; hpianatio~r.-"Hornesiead" shall have he same mcaning WCSL Bcn. . . ., .

1954. as in thc West Bengal Estat~s Acquisidon Act, 1953. ACtlOr - :

(8) "Pcrsonal cultivation" means cultivarion by a person of his own land on his own account-

(a) by his own labour, or

(b) by h e labour of any membcr of his family. or

(c) by scrvanrs or labourers on wages payablc in cash or in kind =[(not being as a share of the product)] or bo1h: 'Provided [hat such person or memhr of his family resides for he grcaler pan of thc ycar in the localily whcrc h e land is si~uated and [he principal sourcc of his income is "[produce of] such land. 3Explattario~t.-The lerrn "family" shall have the same meaning as in clause (c) of scciion 14K.

(9) "prescribed" mcans prescribed by rulcs made by h e Sta[c Governmcnr under h i s Acl; 5(9A) "prescribed auhoriry" means an aulhorily appointed by the Slate Government, by no~ificnljon in h e OfJiciai Gazelre, for all or any of Ihc purposcs of [his Act; 'Clnuse (7) wit? subslilutcd Tor rhc original ckuse by 3. S(b) of the West Bengal Land R c l o m (Amendment) Acl, 1981 (Wcsr Bcn. ACI L 01 1481). w.e.L 7.8.69. Prior ro thk subs~ i~u~ion , rhe words "bul does no1 i n c l u d c ~ ~ l i " . wcrc inscnedattheendof originalclause

(7), by s. 2(ii)of the WeslBengd L m d Rclarna (Amcndmenr) Act, 1972 (W~~rBen.Acr XI1 or 1972), 'Thc list bnckcls nod words wilhin rhc square bnckcls wcrc inserted by s. Z[iii). ibid. 'The 'Proviso' and rht 'Erplu~mlian' wcrcdded focl~use (8) by s. 2of the Wcst Bengal L a d ReTom (Amnd~ncnl) Act, 1977 (WESI Bcn. Act X X X ~ V of 1977). 'Thc words wihin the square bnckeE were subsfitutcd for he words "pmduccd fron~" by s. 2 oirhr: West Bengal Land Rcrorms (A~ncndwnr) Act, 1978 (West Bcn, Acr XXXlX of 1978). w.e.L 3.2.78. 'Clause (9A) was inscncd by s. 2 olhc Wcsr B e n d Land Reforms (Amendment) Act, The Wesr BerrgaI Larrd Rejon~rs Acr, 1955. '(10) "raiyar" means a person or an institution holding land for any purposes whakoever; (1 1) "revcnuc" means whalevcr is lawfully payblc or deliverable in money or kind or both by a raiyar under d ~ e provisions O F this Act in rcspcct of [IIZ land held by him;

(12) "Revenuc OIIicer" rncans any officer whom lhc State Govcmmcnt may ?appoint by name or by viituc of his officc to discharge any orhc funclions of a Rcvcnuc Officer in any arca; !(13) "Scheduled Tribe" shall have the samc meaning as in clause (25) of article 366 of the Constitution of India. '3. The provisions of this Act shall havc cffcct no~withstanding A a t o anylhing inconsis~enl therewith in any olher law for the t ime being in ~ ~ ~ ~ V s , forcc or in any custom OF usage or conriact, express or implied, or agreement or dccree OF order or decision or award or a courl, ~ribunal or other aulhoriry. '3A. ( 1 ) The righb and intcrests of a11 non-agricul~ural lenanls and Wcrt Ben. under- tenants under !he Wcst Bengal Non-Agricul tural Tenancy Act, 1\c1 XX of

1949. 1949 shall vesr in Ihc State free from all cncumbrances. and fit provisions west Bcn, uFsccBons 5 and 5A of h c Wesr Bengal Esrates Acquisition An, 1953 5h11 apply, wirh such modihcalions as may be necessary, ~srr~aris ~t~llumrrdis

1953. IO all such non-agricultural tcnants and under-rcnants as i f such nonagricultural renanls and undcr-tenants were intermediaries and the land held by rhcm wcre estates and a pcson holding undcr a non-agricultural tenant or under-tenan1 wcre a raiyat. Expla?ratiotr.-No~hing i n scctions 5 and 5A of the Wesl Bengal Esralcs Acquisi~ion Act, 1953 shall be construed lo affect in any way the vesting of the rjghls and intcrcsu of a non-agricuIlur~1 tenant or undcr-ten an^ under rhc West BengaI NonmAgricuI~ural Tenancy Act, 1949 in the Stale undcr sub-secuon ( I ) OF [his seclion. I Kighrs of ! non- I agricullunl i rcnmts and undertcnmrs in nonagncul tunl I imd to vcsr in ihc Smtc. 'Clausc (10) w s subsrirurcd lor lheorigind by s , 5(c) of tht: \ V a t Bcngd L m d Reforms (Amendment) Acr, 1981 (Wcs~ Ben. Act Lor 1981), w.e.f. 7.8.69. Prior to [his substilulion, thcwords "a person or an ins~itution holding", wcrcsubsliluled Tor~hcwork "apcrson who holds". by ~-2 ( iv )o f rhe Wes~BmgdLandRcforms(Amendmcn~) Act. 19720Vest Ben. Acl XI1 01 1971). , 'For nolificalion relaring lo appoinlmcn~ of all sub-divisional oificcrs as the olficrrs rcfcrredto in section 17( 1 ) 0 1 1 h c ~ c 1 forthe m a s s~cilicd.seenorificarion No. 7BOL. Rcf., dated 17.1.58 published in [hc Cnlcurrn Gazcrrc, Ertruordi~mry of 1958, Pari 1, p g c 167. 'Clausc (13) WJS added by s. 2 dthc West Btngd h d Rcforms (Second A~ntndmcnt) Acl. 1986 [West Bcn. Acr XIX of 1936). 'Scction 3 w s suhstiturcd for the origind scction by s. 6 o f rhc WCSI Bengd Land Rclorms (Amndmrnt) ACI, 1981 (War Ben. Acr L of 198 I), w.c.L 7.8.69. 'Secrion 3A w x Iirsl inaencd by s. 7. ibid. Thcn, rhc swne was substitulrd by s. 2 of the Wcsr Bengal Land ReToms (Third Amcndrncnt) Act, 1986 (Wcsr Ben. Act XXXV o f 1986). Tile l e s t Bengal Lo~ld Re Jorr~rs Act, 1955- [West Ben. Act

(2) Notwirhslanding anything contained in sub-section (I), a non- ! agricultural tenanl or under-(enant under the West Bengal Non- r:kFxi Agricultural Tenancy Act, 1949, holding in his Allas possession any land 1949. lo which ~ h c provisions of sub-secuon ( 1 ) apply, shall, subject 10 h e other provisions of !his Act. be enritlcd 10 retain as a raiyat h e said land which together with othcr lands, if any, held by him shall no1 excecd rhc ceiling area undcr scction 14M.

(3) Every inrcrrnediary,-

(a) whose land held in his kl~as possession has vestcd in he Slate under sub-section (I), or Ib) whose estates or interests, oher lhan land held in his klrar possession, have vested in thc Stale under s u b - s d o n (I), shall be entitled LO receive an amount to be dctcrmined in accordance wiih the provisions of scclion 14V.

(4) Thc provisions of this section shall no1 apply lo any land to which thc provisions of the Calcutta Tlriko Tenancy (Acquisirion and Rcgulati~n) rsgZvrl Acl, 1981, apply. or 1981.

(5) This section shall be deemed to havc comeinlo force on and from thc 91h day of September, 1980.

CHAPTER II. Raiyals. Righls of I

4. (1) Subject lo the olher provisions of h i s Act. a raiyat shalI on miwl in rcspccl of and after the comrnencemcnt of this Acr be h e owner of his holding and land. h e holding shalI be heritable and manslerable.

(2) Nothing in sub-section (I) shall cntille a raiyai to subsoil righrs. l(2A) No roijat shall- '

(a) quarry sand, or permil any person to quarry sand, From his holding, or

(6) dig or use, or permit any person lo dig or use, earth or clay of his holding Ibr Ihc manufacture of bricks or riles, . for any purpose, othcr than his own use, except wilh rhc previous permission in wriung of the S~ale Government and in accordance wirh such tcms and conditions and on payment of such fees as may be prescribed. 'Sub-section (2A). originally insened by s. 3(1) of Wcsr Ben. Act XVlll of 1965. was subsutured by s. 3 ol lhe West Bengal Land Reforms (Arncndment) Act, 1966 (Wcsl Bcn. A r r Y l -r InLC;> The West Bengal h t r d Refanrrs Acr, 1955. '(2B) If any raiyar cammiu a brcach orthc provisions of sub-section ':: (2A), [he prescribed aulhorjty may, ahcr giving in the prescribed manncr an opportunily to h e raiyar to show cause against the action proposed to be taken, impose upon him '[a fine no1 exceeding IWO thousmd rupees, and whcre h e breach is a continuing one, a funhcr I ine n w exceeding two hundred rupees for each day] during which thc breach con~inues. Such fine, if not duly paid, shall be recoverable as a public demand. '(2C) An appeal shall lic from any ordcr made under sub-seclion (2A) in accordance with the provisions of sccuons 54 and 55.

(4) Notwilhslanding anything in sub-scctian ( I ) , [he holding of a raiyat, excluding his homestead, '[shall vest in thc Slate free from all incumbrances undcr an ordcr of h e prescribed aulhorily madc in h e prcscribcd manner] afler such enquiry as it thinks fit and alicr giving the r ~ i ) ~ u t an opponuni~y LO show cause against the action proposcd ro bc rakcn if-

(a) he has without any reasonable cause used he land comprised in the holding or a substantial part thcrcof for any purpose olhcr ban >[lhar for which il was hcld by him or settled by rhc S w e or directly incidental [herelo;

(b) he has without any reasonable cause ccased lo keep the land or any subslanual part Ihcreof undcr personal culdvalion '[or has failed to uhlise h e land consislently with Lhc original purpose of he tenancy or for any purpose directly incidental hereto] for a period of three consecurivz years or more exccpt when such Iahd is under a usufructuary mortgage menlioned in section 7; 'Sub-scc~ions (2A) (which was la~trsubsu~u~cd by s. 3 Wcst Bcn. Act XI 01 1966- vide ~OOI-notc 1 on pagc 6. (2B) and (2C) wcrc inscncd by s. 3(1) of thc Wcsl Bengnl Lmd R c i o m (Arncndmenr) Act, 1965 (Wcsr Ben. Act XVIII or 1965). The words wilhin the squm bnckcls wcn: subs~irurcd Ior h c words 'h Tie not cxceedmg t h hundred rupees. and whtrt thc brcach is a continuing one. a lunher Iine nor cxwding hlry rupees for each day" by s. 2 0 t h ~ West Bengal Land Rerom (Second Amendment) Acl, 1969 (Wcst Ben. A a M I 1 of 19691. lSub-section (3) of seclion 4 wns ornined by s. 3 of hc Wcsr Bengal Land Reforms (Amendmea) Act, 1972 (West Ben. Act XU of 1972). ' T k words within the square bmckek were substituted for the words "shall h sold by thc prcscribcd aulhorily in h c prcsfrikd manner" by s, g(n)(i) or the Wcst Bcngd Land Rcrom (hndmcnr ) Acr, 1981 (Wcst Bcn. Acl L or 198 1 ), w.c.f. 7.8.69. 'The words wilhin h e squm bmckets wcrc subsliiu~cd for the word "agriculrurc" by s. S(a)(ii). ibid. w.c.f. 7.8.69. The words wirhin the square brnckcn were inserted by s. S(n)(iii), ibid. w.c.F. 7.8.69. Cenain mslriclions on ti&h!s or I-O~!(IIJ in S2dw Knlimpong and Kurscong sub-divisions of Uajeeling districl. The West Berlgol h n d Refornu Act, 1955. [West Den. Act (Chaprer [I.-Raiyars.-Srcriot~ 4A.) I .

(c) hc has wiihout any reasonable cause failed to bring the land ! comprised in the holding or any subsrantid parl hereof ! under personal cultivalion '[or has railed to utilise thc land consis~cnlly with ~ h c original purpose of hc rcnancy or for I any purposc directly incidenral \hereto] within three conseculive years of the date on which this Act comes into force or of thc dalc on which hc came into possession of such land, whichever is Ialer:

(d) hc has Icl out ~ h c wholc or any part of the holding: , .

Provided [hat nolhing in chis sub-scclion shall prcvcnt h e raiyot from culrivaling any pan or his holding by a bargador. ?(5 ) On the holding of a raiyaf being vzsred in h e Stale under subseclion (4), his ownership rhercin shall ccase and the rights of the lessee, if any, shall tcrrnina~e and [he raiyut sball be entitled to receive an amounr to bc dctermincd undcr secrion 14V. '4A. ( I ) In the Sadar sub-division, Kalimpong sub-division and Kurscong sub-division of the district of Darjeeling, [he Depuly Cornmissioncr or thc d i s ~ i c r may, from time to time, give direcuons regarding the Form of cultivarion to bc adopted by a rai~wt in rcspect or his holding or prohibiung a raiyat from cuuing mare h a n one tree from his holding except hith chc prcvious permission in writing of the Depury C~mmjssioncr or such oher officer as may be authoriscd by the State Government in [his behalf.

(2) For contravendon of any of ~ h c directions given under subseclion ( I ) , [he Dcpuly Commissioner may, after giving the defaulting raiyut an opportunily 10 show causc againn thc action proposed to be laken, imposc upon him, by order, a fine not cxcccding onc hundred rupccs which, if not duly paid, shall bc rccovcrablc as a public demand.

(3) An appeal, i T presenled wilhin lhir~y days from the datc or ihc order appealed against, shall Iic to the Commissioner against any order passcd by ~ h c Dcpuly Comrnissioncr undcr sub.section (2) and the dccision of the Commissioner shall be final. 'Thc words wirhin rhc squaw bmckcrs were inscncd by s, 8(a)(iv) ollhc Wcst Bcngal h d Reforn~s (Amendment) Aa, 1981 (Wea Bcn. ACI L o f 1981) w.c.T. 7.8.69. :Sub-sccrion ( 5 ) ' w x subr;rirured lor rhc original sub-section by s. 8(b). ibid, w.e.l.

7.8.69. 'Seclion 4A u4x inserted by s. 4 or thc War Bcngal h d Reforms (Amcnd~ncnr) ACI, 1465 (Wcsr Bcn. Act WIIi or 1965). TJie Wrsr Bellgal h r r d Refortrrs Acr, 1955. , - . l4B. Every raiyat holding any land shall maintain and prCSCNC Maintcnmce , , . , : such land in such manner [ha[ ie area is not diminished or its characer kdscwnion .... is not changed or h e land is not converted For any purpose other rhan ~ r ~ ~ d . [he purposc for which il was sellled or previously hcld excepl wilh h e prcvious order io wiling of the Colleclor undcr scction 4C:

Provided that any raiyut may plant and grow rrees on any land hcld by him within Ihc ceiling area applicable lo him and lo his famiIy wilhour any previous ordcr undcr scc~ion 4C, if such Iand is not cultivated by bargudur: ?Provided furlIler thal wilhout prejudice to the provisions of Chapter LIB of the Act the provisions of [his section shall no^ apply to . . [he dirninulion in area or [he changc of character of any land or thc convcrsion of any land for any purpose olhcr rhan the purpose for which it was setlled or previously held, iisuch diminurion or change of chancrer or convcrsion was made in accordance with [he provisions of any law for the timc bcing in force. '4C. (1) A raiyar holding any Iand may apply to h c Colleclor for Permission cl~angeofvrevorchwvc~erofsuchlandorlorconvcrsionofrhesame k,hnscor for any purpose oiher lhan he purpose for which it was sclllcd or was ~hanctcror being previously used or for alleralion in the modc of use of such land. Or land.

(2) On receipt of such application, the Collector may, a k r making such inquiry as may be prescribcd and afier giving thc applicant or the pcrsons inrcrestcd in such land or affecred in any way an opportunily I ! of being heard, by order in writing either reject rhc applica~ion or direcl such change, conversion or alteration, as the cuc may be, on such terms and conditions as may be prescribcd.

(3) Every ordcr undcr sub-seclion (2) direcung change, convcrsion or alteralion shall spccily the dale From which such change, conversion or alteration shall lake effecl.

(4) A copy of he order passed by [he Collector directing changc, conversion or alteration, if any, under sub-section (2), or in an appeal thcrcirom shall be fonvardcd lo the Revenue Officer referred to in section 50 or secrion 5 1 , as the case may be, and such Rcvcnue Officer shall incorporate in thc rccord-of-righu changcs cifcc[cd by such order and rcvisc the rccord-of-righrs in accordance wirh such order. 'Szcrion 4B w u firs[ inxned by s. 2 or rhc Wesr Bengal h n d Rcrorrns (Amcndment) ACI. 1974 (\Vcsr Bcn. ACI XXXnI of 1974). Then. ~ h c same was substiiurcd by s. 9 o f the Wcsr Bcngal Lmd RcCorms (Amendment) Acl. 1981 (Wesr Ben. Act L of 1981). w.c.~. 7.8.69. ?The sccond proviso was addcd by s. 3 or the Wcst Bcngd h n d Reforms (Third hnlcndnlcnt) Act, 1986 (WCS~ Ben. Act XXXV o f 1986). 'Scc~ions 4C. 4D and 4E wcrc inscrld by s. 10 of thc Wcsi Bcngd Land Reforms (Amcndmcnt) Acr, 1981 (Wcst Bcn, Act L of 1981), w,c.f, 7.8,69. [West Ben. Act :

(5) 11 thc Collcclor is satisfied ha1 any land is being convened for i- any purpose orher than the purpose for which it was s c ~ l c d or was being previously held, or attcmprs are being madc to cffeck alteration in the modc or use of such land or changc of thc area or chnrx!rr of such land, hc may, by ordcr, reswain h c raiyat from such act. Ofrenccs and I4D. (1) Any change, conversion or allcralion in [he area, characrer pcndrics. or mode of use of any land, exccpt in accordance wirh thc provisions of section 4C, or any violarion of the ordcr of h c Collector under subseclion (5) olscction 4C, shall be an offcncc punishable wilhimprisonmenl which may extend lo threc years or w i h fine which may extend lo one lhousand rupecs or with both:

Provided [hat no proseculion shall lic for an offence under [his subsection in a case whcrc an aclion has alrcady been taken by the prescribed authoriry under sub-section (4) of section 4: ?Provided furlher h a [ no prosecuuon shall lic for any diminulion in area or change of characlcr of any land or any convcrsion 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) No court shall take cognizance o r any offence punishable under sub-seclion (1) except on n complaint in writing madc by rhc CoIIcctor or by an officer authoriscd by him in [ha[ behaIf. Bar 10 '4E. No tansfer (including sales in execution of a dccrcc of a civil re.fismtion. courl or far recovery of m a r s of land revenuc) of my land or interest in such land wih in an urban agglomerarion as defined in the Urban Land 33 of 1976. (CeiIing and Regulation) Act, 1976, or within any pari of such urban agglomeration, as may be specified by [he Statc Government by notificalion in Ihc Oficial Gazerte and used mainly for agriculture or as an orchard, without any order i n wrir ing of h e Collector shall be valid and no regisrering aulhoriry shall, notwirhslanding the provisions of h e Rcgistrarion Act, 1908, rcgisler a document of such transfer unless order 1601 ~wg. of the Collec~or in writing pkrmirung such transfer is produced:

Provided ha[ an application made to the Collector for permission for any such uansrer made of onc's own molion or for regisration OF a transfer in cxecurion of a dccrce of a civiI courl shall bc disposed of by h e Collcc~or wilhin sixty days of the fding 01 Ihc application failing which i t shall be wirhin thc rights of the registering authority to regisler Lhc document of the uansrer. 'See loor-norc 3 on page 593, nrlre. :Provisa addcd by s. 4 of h e \Vcs[ Bcngsl Land Rcfom (Third Arncndrncni) Act, 1986 (\Vest Ben. Aci XXXV or 1986). The Wesr Berrgal Lutld Refornis Act, 1955. 595 1 I (Cl~aprer 11.-Rai yat s.-Sectio!~ 3. J

5. ( 1 ) A tmnsfer of the holding of a raiya; or a share m portion zbz;F;; thcreof shall be made by an inslrumenl which musl be regislcred and holdingola the registering officer shall not acccpl for registntion any such insmment rQiyaL unless-

(a) [he sale price, or where here is no sale price, he value of [he holding or portion or sham thereof transferred. is Wntcd therein; I* +

(b) here is lcndered along wilh it, ( i ) a notice giving thc particulars of the transfer in [he prescribed form for lransrnission to the prescribed aurhority ;

(ii) such notices and process fees as may be required by sub-section (4); ?(c) [he purpose for which the land shall be used by the transferee i s stated d~zrein; and '(d) such purpose for use of thc land by h e lransfcree is consistent w i h [he purpose For which he land was setrlcd or was being used and is not contnry to the provisions of seclion 4B, seclion 4C, sccdon 4E or section 49. Explo~~ario~r -The purposes undcr cl awes (c) and (d) shall include agriculrure, horticul[ure, animal husbandry, trade,, manufaclurc, cnlertainment, recrcauon, sport and such oher purposes.

(2) In case of bequest of such holding or portion or share hereof, no caurr shall gran~ Probale or Letters of Adminislrauon until the applicant files in the prcscribed form a notice giving par~culars of Ihc bequest togelher wilh the prcscribed process fee for transmission to the prescribed aurhorir y.

(3) No coud or Rcvenue Officer shall confirm the sale of such a holding or ponion or share thereof put 10 sale in execution of a decree or ccnificate and no coun shall make a decree or order absolule for foreclosure of a mongape of such a holding or poriion or sharc hereof, unriI h e purchaser or thc mongagee, as he case may be, files a noiicc or nolices similar to, and deposib process fccs of the same amount as lhar referred to in sub-scction (1). IThc word "md" was omitled by s. ll(l)(a) of the West Bcnpl h d R e l o r n (Arncndmcn~) Act, I981 (WCS~ Bcn. A a L of 1981). w.e.f. 7.8.69. ?Clauses (c) md (d) were inscncd by s. Il(l)(b), ibid, w.c.F. 7.8.69. TIIE Wesr Betrgal h t i d Refort~rs Act, 1955. [West Ben. Act (Cl~uprer 11.-Raiya15.-Sec~iot~s 6. 7.)

(4) If rhc irnnsfer of a portion or sharc of such a holding be one lo *; which ihc provisions of secrion 8 apply, there shall bc Flcd by the uansferor or ~ransfcrce noliccs giving parliculars of the lransfcr in [he prescribed form rogerher will1 rhe process fces prescribed for rhc service thereof on all the co-sharers of ~ h c said holding who are not parties lo !hc ~ransfer and for affixing a copy thereof in ~ h c office ofrhcrcgistering officer or the coum house or [ha office of thc Revenue Officcr, as [he case may bc, as well as for affixing a copy on rhc holding.

(5) Thc coun, the Rcvcnue Officcr or the regisrcring officer. as h c casc may be, shall ~ a n s n u ~ thc notice to hc aulhorily rcfcrrcd to in subclause (j) of clause (b) of sub-section (1) who shall serve [he notices on rhc co-sharers rcfcrrcd lo in subsection (4) by regisrered post and shall causc copics of the notice ro bc alhxed on thc holding and in [he court housc or in the officc of the Rzvcnue OIliccr. or of the regislering officer, as the casc may be.

(a) "~ransIcror", l["~ansferee",] "purchaser" and "mortgagee" include [heir successors-in-intcics~, and

(b) "rransfer" docs not jnlcude ?[simple or usufrucluary mongage or mortgage by deposil of rirlc dccds].

6. [ (L irrr i~at ion on rranrfer.)-Otltirted ,511 s. 5 of the Wesr Ber~gal Larrd Refonris (Amend~rrctrt) Act, 1972 (West Ben. Act X J I of 1972).] I-iltiilalion 7. (1) A mortgage by a raiyar of his holding or any share thereof on mongagc or nriyclti o h e t thanholdings.

(a) a simplc morlgagc. or

(b) a usufructuary mortgage for a period not exceeding iiftccn yem, 'Lor] "(c) a morrgage by dcposit of rille deeds in favour of-

(i) a scheduled bank as defined in he Rescrve Bank of India Act, 1934, or 201 1934. 'The word wirhin the squatc bbnckcts wcre omincd by s, 1 l(2) of rhc Wcsr B e n d h d Re~orms (Amcndmenr] ACL 1g81 (Wcsr Bcn. Acf L o r 1981). w.e.f. 7.8.69. 'The words wilhin Ihe squm bnckus wcrc subsururcd for ihc words "pdr ion or simple orusul-uctuary mortgage" by s. 4 oC~hc Wcst Bcngal Lmnd Rcforrru (Amendment) ACI. 1972 (Wcsl Ben. Aci XI1 of 1972). 'Thc word "or" was inscned by s, 6(i), ibid, 'Clausc (c) w a h r insened by s. 6(ii)of lhe Wcsc Ben@ L a d R c f o m (Amndnlcnt) ACL 1972 (W-1 Bcn. Act XI1 o f 1972). thcn the snmc t v s substiturcd by s. 2 or the Wcsr Bcngd h d Reronns (Amcndmcnt) Acl. 1990 (IVcsl Bcn. Acr XXlV of 1990). The We11 B e ~ ~ g a l Latid Refonns Act, 1955.

(ii) a cc-operadve land mortgngc bank registered or deemcd 10 bc rcgisrcred under any law for the time bcing in forcc, or

(iii) a public financial inslitution rcfcrred to in section 4A of the Cornpanics ACJ. 1956, or

(iv) a corporation owned or con~rollcd by h e Cenmal Govcrnrncn~ or h e Slate Government or by bolh thc Cenual Government and h e Starc Government. or

(v) the Inlernalional Finance Corporation established under ~ h c Agrcemenl as defined i n clausc (a) of seclion 2 of [he International Finance Corporalion (Slams, Immunities and PriviIcgcs) Acl, 1958, or

(vi) such othcr iinancial insdruuon, by whatcvcr name callcd, cslablishcd or registered under any law for [he time k i n g in forcc, as the State Gavernmcnt or the Ccntnl Govcrnmcn~ may, by noli fication in ihc Oficial Gazerre, spcciiy, ror the purpose of obmining loan or financid assistance [including debenture as defincd in clausc ( 12) of secuon 2 of the Companies Act, 19561 for the development of he land comprised in the holding of such raiyar or for thc improvement of any agricultural producrion (including horticulture or fishery) or for he development or improvement of any plantation or ror h e eslablishmenl or development of any indusuy. livestock breeding. dairy, poultry hming. commercial unit, educational centre. health centrc, public recreation cenrre or research cenrre upon such land or for the promotion and holding o f sports or cultural or phjlanthropjcal aclivily upon such land or for h e cons~ruc~ion of any housing cstate Tor borra fide residen~ial purposc or any building for providing nccornrnodarion for any office upon such Iand or for such orher activity as the State Govcrnmenl may, by notification in the Oflcial Gazene, spccify, shall be void.

(2) A usufructuary mortgage referred to i n clause (b) of subsection (1) may bc rcdcemed at any time before the expiry of the ,,,:"A 598 TIM Wesr Betigul h a d Reforrrrs Act. 1955. [Wesl Ben. Act Kight of 8. (I) If a portion or share or a holding of a raiyor i s lrrlnsfcmd purchqe by cn.shmr or to any person othcr than a co-sharer in tliz hoIding, '[the bargadur in conli6uous lhe holding may, within three ~nonths of the dare or such transfer. or] tmank. any co-sharer raiyut of rhe holding may, wilhin thrcc rnonhs of the scrvice of h e nodcc givcn under sub-scction ( 5 ) of section 5, or any raiyar possessing land adjoining such holding may, within four months of ~ h c dale af such ~ransfer, apply ro rhc 3wunsiF having rerritorial jurisdicrion], Tor transfer of Ihc said ponion or share of b e holding lo him, subject lo the lirnil menlioned in 3[scct~on 14-M] on dcposit of the consideration money togcthcr wilh a further sum of [en per cenr. of h a t nmounl: 'Provided thal if h c borgadur in thc holding, a co-shxcr raiyut and a raiyar possessing land adjoining such holding apply for such rnoslcr, [he bargadar slid! havc thc prior r igh~ lo have such porrion or share of [he holding rransferred to him, and in such a case, [he deposit madc'by others shall be refunded lo thcrn: '[Providcd iuriher tha~ whcrc the bargarlar does not apply for such rransrcr and] a co-sharcr raijat and o raipr possessing land adjoining such holding borh apply for such kansfcr. the former shall havc h e prior righl 10 have such portion or share of rhc hoIding transferred lo him, and in such a casc, [he deposit made by the larlcr shall be refunded to hjm: '[Provided also] hat as amongst raiyars possessing lands adjoining such holding preference shall be givcn lo the ruiyaf having Ihc longest common boundary with the land lransfcrrcd.

(2) Nothing in this section shall apply t- ,

(a) a ~ransfer by exchange or by partidon, or,

(b) a u-ansfcr by bequest or gifi '[or heba-bjl-cwazl, or, 'Thc words uithin thc square bnckers wclc insend by s. 12(1)(a) of h c W=t Bengnl Land Hclonns (Amrndmcnr) Act, 1981 (West Bcn. Acr L of 1981). w.c.f. 7.8.69. T h e words within the s q u m bnckeB were subsiitulcd lor the words "Rcvcnuc Officer sp.ciJly cmpwered by rk SI~IZ Governmcni in this behall-' by s. 71i)(a) of h c W c s ~ Bengd h d Rcrorms (Amcndmcn~) Act. 1972 (Wcst Bcn. Act MI of 1972). 'Thc word. figurn and leuer within rhc squarc bnckcrs svcrc substituled lor the words, bncke~s and figures "sub-scc~ion (3) o f section d" by s. 7(i)(b), ibid. 'Thc proviso adrlcd by s. 12(l)(b) of thc Wtst Btngd h d Rcforms (Arnendmcn~) ACL 1981 (Wcst Ben. Act L of 19%1), w.c.i. 7.8.69. 'PIC words wirhin Lhc squm bnckcts were subnimrod Tor thc words "Providcd hat ir' by s. 12(1)(c). ~lrid., w,e.C. 7.8.69. T h c words wihi i h c squm bnckcls wcre subslirurcd for thc word5 "Provided iurrhef' by s. 1?,(1)(J), ibid.. w.c.l. 7.8.69. 'Thc words within Ihe squvr bnckers w r e inscncd by s. 7(ii)(a) of the West Bengal Lond Re lom (Arncndrnml) Act. 1972 (Wcst Bcn. Act XI1 of 19711. Tlze Wesr Burgal L a ~ d Refonlrs Acr, 1955. (Cl~aptcr 11.-Rai y a& .-Seciiot~ 9.)

(c) a '* * * mongagc mcnlioned in secrion 7, or,

(d) a lransfer forcharirable orreljgiouspurposcs or both without reservation of any pecuniary benefir '[for any individual, or,] .'(el a transfer of land in favour of a bargador, in respect OF such land if aflcr such transfer, rhe (ransTerce holds as a miynr land not exceeding one acrc (or 0.4047 hectare) in area i n thc aggregate. 4Explat~ariort.-All orders passcd and the consequences [hereof under scc~ions 8, 9 and 10 shall bc subjec~ to rhe provisions of Chaptcr ILB. 5(3) Every application pcnding before a Revenuc Officer ar the WcsIBcn, commencement of scct ion 7 of the West Bcngal Land Rerorms Act XI1 of

1972. (Amendmcnr) Acl, 1972, shall, on such commcnccment, stand transrcrrcd la, and bc disposed of by, the Munsif having jurisdiction in relalion to Lhc arca in which (he land is si~untcd and on such uansfer every such applicalion shall be dcal~ wirh from h e stage at which it was so uansfcrred and shall be disposcd of in accordance wilh Ihe provisions of this ACI, as amended by the Wcst Bcngal Land Reforms (Amendmenr) Act, 1972.

9. ( 1 ) On thc deposit mentioned in sub-scction (1) of secrian 8 '[MunsiO 10 allow the being nlndc, rhc b[Munsifl shall give no~icc of !he applica~ion to thc appliclIion transfcrcc, and shall also cause a noricc to bc afixed on rhc land for [he and apponion infonnation OF persons in~ercstcd. On such notice bcing served, the in transferee ar any pcrson heresled may appear within [he rime specified ccnaln c=cs. in thc notice and prove the consideration money paid For rhc ~ransfer and orhcr sums, if any, proper1 y paid by him in respecL of ~ h c lands including any sum paid for annulling cncumbranccs created prior to thc date of u-ansfer, and rent or rcvcnue, cesses or [axes for any pcriod. The 6[Munsifl may after such enquiry as he considers necessary dircc~ the applicant to deposit such furihcr sum, if any, within the timc specified by him and 'Thc word -'usufrucluq" was omi~tcd by s. 7(ii)(b) ofthc War Bcngal Land k c r a m (Anlcndrncnl) ACI. 1971 (Wut Bcn. Acl XI1 of 1972). Thcwords~vithin the square b n c l i c ~ ~vcrcsubsd~utcd Iorheworcls "Cormy individus' by s. 12(2](13) oi thc WCSI Bcngd L m d RcCorms (Arnendmrnl) Act. 1981 (West Bcn. Act L of 19811, \v.c.f. 7.8.69. 'Clause (el was insened by s. 12(2)(a). ibirl., w.c.f. 7.8.69. 'Etplo~ruric~~r was addcd by s. 12(2)(b), ibirl.. w.c.f. 7.8.69. 'Sub-szc~ion (3) w a addcd by s. 7(iii) ofthe West Bengd Land Reforms (Amcndmeot) ACI. 1972 (IYcst Bcn. ACI XI1 of 1972). T h e words wilhin ~ h c squm b n c k c ~ was subsrilutcd for the wo& "Rcvcnue OITcet" by 5 . 8(i), ibid. Tlre West Bellgal Lclrrd Rcforn~s Act, 1955. [West Bcn. Act (Cltnprer 11.--Raiyats.-Secrion 9.1 on such sum being dcposired, hc shall makc an order that lhe amaunt t of thc consideralion rnoncy togelher with such other sums as are provcd to havc bccn paid by thc transferee or ~ h c person intcrcslcd plus ten per mat, of [he consideralion money be paid to the rransfcrcc or the person interested out of thc money in deposil. the rcmainder. jl' any, being rehndcd lo the applicant. The '[MunsiT] shall lhcn malre a further ordcr thnl ~ h c portion or sharc of [he holding be rnnsrerrcd lo the applicanl and on such order being madc, the porlion or s h m of thc holding shall ' vesl in the applicant.

(2) When any pcrson acquircs the right, tide and in~ercs~ of the wansfcree in such Ilolding by succcssion or othenvisc, the right, dtlc and inrercst acquired by him shall be subject to k c righl conferred by subseclion ( I ) of section 5 on a co-shxcr raijar or a mijd possessing land adjoining h e holding.

(3) I n making an order undcr sub-secrion ( I ) in favour of more rhan one co-sharer raiyar or raiyat holding adjoining land, the '[MunsiT] may apportion tho portion or share of thc holding in such manner and on such [ems ns hc deems equitable.

(4) Where any portion or share of s holding is rransfcrrcd to the applicant under sub-seclion (I) , such applican~ shall be liable lo pay all mars of revenuc in respecl of such portion or share of the holding that may be ourslanding on rhe datc of the order.

(5) Thc '[Munsifl shall send a copy of his order as modified on appeal, if any, under sub-section (6) lo rhe prescribed authoriry for correction of the record-of-rights.

(6) Any pcrson aggrieved by an order of Ihc [[Munsifl under h i s sccrion may appeal to thc ?[District Judge] having jurisdiction over ~ h c area in which the land is situated, within thirty days rrom the date of such ordcr and [he 2[Dis!ri~t Judge] shall send a copy OF his order to the IIMunsifl. The fees to be paid by the parties and thc procedure to be follolvcd by the =[Dislrict Judge] shall be such as may bc prescribed. '(7) Every appcal pending bcfore an Additional District Magistra~e a1 Ihe commencement of section 8 of the Wcsr Bengal Land Rcforms Wcsl 8cn. ActXIIof , , . - (Amendment) Acr, 1972, shall, on such com~enccmenl, stand transferred 1972, , . 10, and be disposed of by. rhe Disrrict Judge having jurisdiction in ; , I 'See root-norc 6 on pagc 599. ultre. I 'The words wilhin the s q u m bracket5 wen: substi~ured for ~ h c word "Munsir' by s. 8(ii) of ~ h c Wesl Bcngd h d Relor~ns (Amcndnicn~) Acr, 1972 (W-I Bcn. Act XI1 OC 1972). 'Sub-scclion (7) war insencd by s. Miii l , ibi(i. The Wesr Bargot Larrd Rcfo~.rrrs Act, 1955. (CItnprer It.-Raiya!s.-Scctio~z.~ 10-12.) , relation to thc arcn in which the land is si~ualed and on such lransfer, ' cvcry such appcal shall bc dci111 wirh horn the stage at which i t was so unnsfcrred atld shall bc disposcd or in accordoncc with I he provisions west Bell- o f this Act, as amended by [he West Bcngnl Land Reforms (Amcndmcnt) ActX1lof 1972. Act, 1972.

10. On an order under scction 9 being made- COI~W- qusncts or

(a) the r igh~, rille and intercs~ or thc raijo~ and of thc uansfcrec ,, od,,ro, or of the person n~entioncd i n sub-scction (2) of scclion 9 m~~srcr. who acquires any right, [itte and interest i n the holding shall vcst i n [hc mijot whose application for transfer has been allowcd by [he Revenue Offjccr or by the Munsif '[or, afier thc commencement or section 8 of the West Bengal Land Rcforms (Arnendmcnt) Acl, 197 1, by [he Additional District Magistrale, or, aitcr the commencement of the West Bengal Land Reforms (Arnendmcnt) Act, 1972, by the District Judge,] on appeal:

Provided that thc ~rmsferee or the person mendoned in sub-secrion (2) of section 9 shall havc thc right to Inkc away the crops which he might have grown on the Iand before [he date of thc ordcr;

(b) the raiyat whosc application has been so allowed shall be liablc for any rcvcnue accruing lion1 ihe date of the order.

11. (1) If thc holding of a raiyot or a porlion of il is lost by diluvion, Diluviated the revenue of the holdiflg shalt, on applicarion made by the raiyat in 13nds. thc prescribed form to the Revrnuc Oificcr, be remitted or abatcd by an amount which, in the opinion of thc Rcvcnue Officer, is fair.

(2) Thc right, ride and inlercsl of hc r[ii);rrt shdl 'subsist in such holding or ponion thcrcof during the pcriod of loss by diluvion no1 exceeding rwcnty ycxs and thc raiyat stiall on iw rc-appcarancc a[ any timc within that period have h c righ~ to possession thereof and be liable IO pay such revenue as i n rhc opinion of die Revenue Officer is fair. ?12. Any land gaincd by gradual accession lo a holding, whether h d g i n r d from the recess of 3 rjvcr or of h c sea, shall vest in the State Government XY,::::~ ,md the r-niyo~ who owns h c holding shall not be entitled to relain such land as an nccrcrion therelo. 'Thc words, figures md bnckcis within the squmc brackc~ \cn: inscncd by s. 9 of thc Wtqr Brngal Land Rcforms (Arncndment) ACI, 1972 (IVcsr Bcn. Act XI1 of 1971). :Scc~ion 12 r v z substituted ror !he original section by s. 5 oi the \Vat Bengal b d Uelonlu (Amend-men[) Act, 1965 (wcsr Bcn. Act XVIll of 1965). T11e lVesr Betlgal Lalid Refor~izs Act, 1955. [Cf~apler 11.-Raiy ats.-Sectiorrs 13, 14.) [West Ben. Act

13. [Restrictior~ nrr alier~uriorr oJlarrd by Sclred~rled Tribes.--Ontitter1 I L ~ ~ J I rerrospective effect by s. 6 of Wcsr BCII. Act XVIII of 1965.1 Panilion of 14. (1) Parlirjon of a holding among co-sharer ralj'ars owning il holding among co- shall bc made either bysharer (a) a registered insti-umcnt; or r<liyfl IS.

(b) a decrce or order of a court.

(2) When piu~i tion is errec~ed by an insu-unienl, the rcgistcring officer shall not accept for registation any such insrrumcnr unless [here is tendemd along with it a notice, giving the parliculars of the holding and [he m a of each share, and such process fcc as may be prescribed, for uansrnission lo the prescri bcd authority.

(3) If as a result of panition one or more shares comprisc an arca less rhan ~ h c standard area-

(a) thc prescribed aurhority i n a casc where parlirion is effected by a regislered instrument, or

(b) the court passing [he dccrcc or ordcr for p i t i o n , shall rccast thc shares, excluding the homesleads of thc co-sharers, so thal no share is less than the standard area, and sell such shares. or when rhe holding compriscs an arca which cannol be partitioned into ~ w o or more sharcs, cach comprising no1 lcss rhan [he standard area, sell the cntirc holding to thc highest bidder or bidders among the LO-sharcrs, or railing hem to other persons, and the sale procecds shall, alter dcducung h e expenses for conducling [he sale, be paid 10 h c co-sharers in accordance wj th their shares in the holding panilioned, excluding the I~ornesreads.

(4) I f the holding or any share or shares lhcrcof cannor be sold as aforesaid, the prcscribcd authorily or h c court shall report thc cast to the Slarc Government and [lie Srate Government shall. by ordcr made in [his behalf, rake over such holding or share or sharcs and shall place at the disposal or thc prcscribcd aulhority or rhc court, as the case may bc, thc markct vnluc thcreof for payment ro the co-sharers in the manner indicalcd in sub-secdon (3).

( 5 ) For the purpose of peventing fngmentation of holdings as a result of partition the State Government may by order madc in chis behalf spccify an area, which in ils opinion is thc minimum unit for effec~ive L[uritisa~ion] in thc in~trcst or '* * producuon "or i n the public interesl], as [he standard area, and differen1 standard areas may be specified for different localiues or for differen~ classes OF land. 'The word within thl: squm hrarkcrs was subsritu~cd roc ~ h c word "cultivation" by s. 13(l)(a) of thc \Vest Bcnpd h L ReJom ( A m n d m n r ) ACI, 1951 (Wcsl Bcn. Acl L or 1981). \v,r.C. 7.8.69. :The word "agricullunl" was omincd by s. 13(11(b). ibid., w.e.L 7.8.69. T h c words wilhin lhe snunrc hncke~s were inscncd hv s. 13(l )(c), ;hid., w.e.f. 7,R.69. '(6) Notwilhsranding anything con~aincd in any orher law for the '' limc being in Corcc or in any agreemenl or any cuslom or usage or any dccrcc. judgmcnt or award or any coun, no partition amongs i co-sharer ruiyars and co-parccncrs of a Hindu Undividcd fmi ly govcrncd or claiming to be governed by thc Mirahl~ara School of Hindu Law shall have any force unless such parlirion is made by regislered insmrncnt or by a decrce or order of a Courl and is effccted by mctes and bounds; and borh thc conditions having been ruliillcd, any such panition shall be deemed 10 havc come into force from [be dale of rcgislralion or thc dced of partition or h e dale of final decrce or order of a Court, as ~ b c cast may bc, or horn ~ h c date of effecling parlirion by metcs and bounds, whichcvcr is Inrcr. Restrictions on alienation of land by Scheduled Tribes. ?14A. The provisions of h i s Chaptcr shall h a w effect notwilhs[and- Provisions of ing nnyrhing to the conlrary contained elscwhcrc in this Act. Cl~aptcr IIA ro uvcmde orhcr provisions or lllis ACI. 4 Save as providcd in scclion 14C, any kansfer by a rcliyut Reslriclions belonging lo a Scheduled Tribc of his holding or pun thereof shall be :;E''$O" void. Scheduled Tribcs. '14C. ( 1 ) A raiyut belonging ro a Schcdulcd Tribc may transfer hlodcsor his holding or part rhercof in any one of the following ways, 1 ~ 1 ~ 3 5 r c r ~ f Imd by name1 y:- schcdulcd

(a) by a cornpIctc usufruc~uary modgage enlered inlo wilh a Triks. pcrson belonging '[lo a Schcdulcd Tribe] lor a period no1 cxceedins seven years;

(b) by salc ar gift lo thl: Govemrnznl for a public or chilrilnblc purpose;

(c) by simple mortgage to thc Govcrnmenr or 10 n rcgistercd Co-opcrarive Socieiy ; 'Sub-srclion (6) added by s. 13(2) or ht Wcst Bengal Lvld Rerom (Amendmcnl) Acl. 1981 (\Vesl Bcn. Acr L oi 198 I), w.c.f. 7.S.69. 'Chapicr 1 k conlainin& sccrions 14A to 141 was inscncd by s. 7 of ihc Wcsr Hmgd Lwd Rcroms (Amcndmenl) Act, 1965 (Wcst Ben. Act XVl l l of 1965). 'The words wirhin rhc s q u m bnckcls were subsrirurcd Tor thc words "lo thc s m c Scheduled Tribe lo which Ihc msCcror klong" by s. l O ( i ) ( ~ ) o f ~ h c \VCSI Hengal Lmd Rclorrns (Arncndrncn?) ACI, 1972 (West Ben. ACI XI1 of 1972). [West Ben.' Act '(cc) by simplc mortgage or mongagc by dcposil of litle deeds in favour oFa schcdulcd bank, a co-apcrative land morrgage bank or a corporation, owned or controlled by the Cen~ral or Sm~e Governmenl, or by both, for the dcvclopmcnl of land or improvement of agricultural produclion; :(d) by gih or will to a person belonging to a Scheduled Tribc; '(e) by sale or cxchnngc in favour of any person belonging to a Scheduled Tribe: Providcd that any such raijat may, with thc prcvious permission, i n wriling, of rhc Rcvcnuc Officcr, transfer by sale his holding or any pan thercof 10 a person not belonging to any Schcduled Tribe:

Provided funtier hat no such shall be granred by thc Rcvcnuc Officer unless he is satisfied [hat no purchaser belonging to n Scheduled Tribe is willing lo pay the fair markc! pricc of !he holding or any parl thereof and lhat [he proposcd salc i s intended 10 be made for one or morc of ~ h c lollowing purposes, namely:- .

(a) for [he improvcmcnl of any orhcr par[ of h c hoIding, or

(b) for invcsmenr, or

(c) for such'other purposes as may be prescribed.

(3) A complete usufructuary morlgagc rcfcrred to in sub-section (1) may be redecmed at any rime before h e expiry of the term.

(4) A nlorlgagor under a 'omplele usufi-ucruary morlgage inlending to redeem such morlgagc bcforc the expiry of its tcrm or any pcrson acling on hls behalf, may make an application for redemption in such form and containing such particulars as may be prescribed ro the Revcnue Officcr. On recejpr of such appljcauon ~llc Rcvcnuc Orhccr shall arlcr scrvicc of notice 10 the rnorlgagee makc an cnquiry in llle prescribed nlanncr and pass a preliminary order declaring the arnounL due under such marlgage to [he mortgagee at he date of such order and fixing a 'Clausr: (CC) w.u inserled by s. l(Yi)(b) of h c Wcsr Bcngal Land Rcrorms (Amcndn~cnt) Act. 1971 (Wcsr Ben. Act XI1 of 1972). :Clause (dl was subs~irurcd for the original clause by s. 2 of Ihc Wcsl Bcngd L a d Rzrormj (Sccond Amrndmenr) Act. 1972 (Wcs~ Bcn. Act XXVIlI of 1972). 'Clauslr (c) was subslilulrd for rhc original clausc by s, IO(i)(c) 01 rhc Wcsr Bcngal h n d Rclgrms (Amcndmcnr) ACI. 1972 (\Vest Bm. Act XI1 of 1977). 'Sub-scction [2) w z on~incd by s. IO(ii) , ibid. The West Be~rgal h x r d ReJorxt~s Act, 1955. , dale for payment of such amounl by the morlgagor. If [he mortgagor pays such amount by rhe dale so fixed lhc Rcvcnue Officer shall make a final order directing the mongagee 10 reslore possession oi the rnoflgaged propcrly and to dclivcr up the mortgage-deed, 10 the morlgagor.

( 5 ) A final order made under sub-section (4) s l i~II bc cxeculed by he Revenue Officer in such manner as may be prescribed. Explax~a~io~r.-In this secdon "complete usufructuary mortgage" mcans a ~ransfcr by a raiyat of !hc right of possession in any land lor thc purpose of securing rhe paymcnt o l money or (112 return of grain advanced or LO be advanccd by way or loan upon the condition that the loan, with all inlercs~ [hereon, shall hc dccmcd l o be cxunguished by ~ h c protiu arising Cronl Ihc land during the pcriod or tlic mongage. '14D ( 1 ) No transfer of any land or any inrcrcst in such land by n T ~ n s r c r i n roijot bcIonging lo a Scheduled Tribe shall be valid unless made by a :K':;cnrzgistercd insuumcnl. Chaplet IIA shall nor k 16 01 1908. (2) Nolwirhslanding any h ing conmined in lIie Registration Act, vdid rcgistrrrd. unless 1908 or i n any other law for the rime bcing in force, no inslrumcnt of transfcr or dcaling wirh land or interest in such land by a rcrijot belonging to [he Schcdulcd Tribc madc in conuavenlion ofthe provisions OF this Chapler shall be recognised as valid by any court, officer or authority cxcrcising civil, crininal or revenue jurisdiclion and no registering oficer shalI register any such insrrument unless he is sausficd t h a ~ h c instrument does no1 contravene any or ~ h c provisions O F this Chapter.

(3) If, in coursc of rcgisfration of any instrumen1 refcrrcd to in subseclion (2) or in any procccding rclaling lo he registration of such inslrumenl or in any proceeding before any civil, criminal or revenue court. any question a i s c s as to whcthcr h e raijat executing such jnsnmenr klongs to he Scheduled Tribe or as lo whclhcr such instrument has been nradc in conrravenrion of rhc provisions of [his Chap~er, [he registering officer or other officer or authority cxcrcjsjng powers undcr the Regismation Acl 1908 or !he civil, criminal or revenue court bciorc whom such qucsrion arises, shall refcr such question to thc Revenue Oficer referred ro in scction 14C and shall give effecl to thc dccision of the Revenue Officer. - 'Section 14D was subsliluled lor he origind section by s. 14 or h c Wesl Brnpal Land R ~ a h r m c (Ar~imdmmrl A r t 198 1 IWpcr Rrn A r t 1 nT 198 11 ~v r f 7 fi fiq Tlte Wesr Betigal L ~ I I I ~ Refonlls Act, 1955. [West Ben. Act P o w c ~ l o '14E ( I) If a transfcr of a holding or any ponion thereof is made Kcvcii~c Oifictr 10 s t t by a rniprir belonging io a Scheduled Tribe in conuavcnlion of the x i d c provisions of scclio~i 14C, ?[or if the permission for lhc transfer is impropcr ~ m s r c r s by found, afler an inquiry in [he prescrikd manner, to have been obtained r c ~ ; y t / . by misrepresenlalion or fraud] or if in Ihc case of a complele .usufrucluary niorlgage referrcd lo in clause (a) )* * * of sub-section (1) of scclion 14C, the transfcrcc has continued or is in possession for lnorc lhan scvcn years from the dnrc orthe transfer, rhc Rcvcnue Officer may, o l hjs awn molion or on on appljcation made in rhar behalf, and aiier giving the transferee an opporlunity of being heard,. by an ordcr in writing, '[annul rhe ~ransfcr, where necessary, and] eject the msrcrcc from such holding or pan thereof:

Provided rha~ ~ h c lransferee whom it i s proposed to ejcct has not been in conlinuous pnssession for S[~hirly years] under the uansfcr madc in conrravention 01 scction 14C, or in ~ h c case of a complele usufrucluary mortgage rcfcrrcd l o in clause (a) 3* * * o f subsection ( I ) of scction 14C, for s[$iny years] from thc cxpiry of ihe I 6[period of scvcn years, norwirhstanding anyrhing contained in [he AFI 360r 1 Limi~arjon Act, 19631. IU63, I

(2) When the Revenuc Officer has passcd any order under subseclion (1). he shall resrorc thc mnsrerred holding or p a l thereof to the uansferor or his successor-in-inlcrcst. ?(3) For thc purpose of rcsloration of possession of any land and evicting any pcrson in actual occupation of such land undcr sub-section

(2), any such Revenuc Officer may usc such force as may be requircd for evicting rhc pcrson in aclual occupation of such land and may send a writren requisilion in such form and in such manner as may bc ptcscribcd 10 he officer-in-charge of the local police slalion having jurjsdiclion or lo any police officer supcrior in rank lo such officer-in-charge, and on rcccip~ af such wriuen requisition, tllc police officer concerned shall rendcr all necessary lawful assistance forcnfarcing delivery of possession of such land: 'Set loot-norc ? on p ~ g c 603, mrte. :The words within rhr squan: bnckcts were inscncd by s. 1 l (i) or rhe \ V a t Bengd Land R c l o m (A~ncndmrnt) ACI, I972 ( W a { Ben. A d XI1 of 1972). 'Thc words. bnckcls md lelrer "or clausc (c)" werc omined by s. 1 I ( i i ) , ihirl. 'Thc words within the squarc bnckcls wcrr inscncd by s. Il(iii), ilrid. "The words within thc squm bnckcrs wtrr aubsritulcd lor rhe words '?welvc y m " by s. 15( 1 )(a) o[ thc \Vest Bengd Land Reform (Amcndrrrcni) Aci. 193 I (Wcsl Ben. Act L or 1961). w.e.r. 1.11.69. "Thc words and figures w~thin the squnrc brackets were subsututcd lor h c words "pcriod or scvcn y w s " by s. 15(l)(b). ibid, w.c,l. 7.8.69. :Fn#h r . > r l : n n t9.I ..,-- :,,-r,.4 L., , I C I l 1 :L:J ... - P 7 R C R The Wesr Betigal Lorrd Refortrrs Acr. 1955. Providcd [hat rhe provisions of rhis sub-scction shall not bc applicable lo any person not bclonging lo d ~ e Scheduled Tribc, if he has bccn owning, possessing or cultiva~ing land not cxcccding 0.4047 hectarc in area in the aggregale and ~ h c transfer was made by a member or rhe Scheduled Tribe owning, possessing or cultivating land measuring 4 heclares or more in area in [he aggregate. '14F. ' ( I ) No decree or ordcr shall be passed by any coun for the sale of lhe holding or any portion hereof, of a roiynl belonging to a Scheduled Tribe nor shall my such holding be sold in execution of any decrcc or order. 5 or 1908, =(2) Nolwithstanding anyrhing conrained in the Codc of Civil 9 or 1872. Proccdurc, 1908 and he Indian Contract Act, 1872, no dccree or order reIaung lo any land or jnlcresl in such land shall bc passed by any courl against a roijar bdonging to a Scheduled Tribc on the basis of any consent, agreement or compromise. Any such dccree or order passed in conwavcndon of his sub-section shall bc void. Rcs~riclion on [he sdc of rfiiju f '.< holding or any ponlon i hcrco f. 4 or 1662. ?14FF. (1) No~withsranding anyrhing conrained in [he Transfer of Berriinri Propcrry Act. 1 882 or in any othcr law for [he lime being in force, any ~ ' ~ ~ ~ ~ ~ c , , , I berrarrii tnnsaclion or instrument relaring to any land or any inleresl to be void. therein showing the name of any person bclonging 10 a Scheduled Tribe as the ostensible owner shall be void for all purposes.

(2) No Courr shall entertain any suit to cnforcc any righl in rcspcct of any such land or interest in such land ngainsr a person belonging 10 a Scheduled Tribe by or on bchalf o&o person claiming to be rhe real owner of such land or interest herein. '14G. (1) When a certikate is filed for thc recovery of an arrear Power to [he Ben. Act 111 of revenue or any ohcr public dcmand recoverable undcr h e Bengal gg:::o Public Demands Recovery Act, 1913, in respect of thc holding of a raiyat se~rle orscll belonging to a Scheduled Tribe. he Cenificate Officcr sl~all, before a z'!ikkor pmclamation lor sale of h e holding is issued in execu!ion of h e cerlificate, cenificmc refer the casc to rhc Rcvenue Officer having jurisdicrion who may, in dues. his discrehon,--

(a) e jec~ h e defaulting raipr from his holding and put anolhcr person belonging to a Schcduled Tribc in possession of lhc holding For a pcriod not exceeding seven years on paymenr or hc amount due in respect of the cerlificarc by him; or 'See IOOI-note 2 on page 603. ulrfe, 'Scc~ion I1F was rtnum!wrrd JS sub-sccrion (1) of ha1 scction nnd aftcr section I4F as so rcnumbcrcd, sub-sccuon (2) wns ~ d d c d hy s. 16 DT the WesI Bcngd h d R c l o m (Alncndmcnr) Act, 1981 (West Bcn. Acl L OF 198 1 ), w.c.l. 7.8,69. 'Scaion 14FF w a insened by s. 17, ibid, w.c.f. 7.8.69. Tile Wesr Bellgal Luud Refonrrs Act, 1955. ! Appyl and rrYIS1Ofl. Selling uidc of snlc of land ofa miynr belonging ro n Scheduled Tl-ik. [West Ben. Act (Clmprer IIA.-Resrrictions 011 aIietr a ti01 i of larrd by Sclredrr ied Tribes.-Sections 14H, 14HH.)

1 . ,

(b) sell the holding to a mcmber of a Scheduled Tribe, if 1.. ... , , - i~vnilablc, and, if no1 available, to any othcr pcrson at a fair mnrkct pricc lo be fixed by thc Revcnuc Officcr. not bcing lcss than !he amounl due in respec[ of ~hr: certificate: Providcd that if the homestead of [he defaulting raiyut is c,ornpriscd in he holding, he shall no1 bc cjcctcd from such homcstcad under clause (a), nor shall such homcstcad be sold under clausc (b).

(2) (i) If the Rcvcnue Officer puts any pcrson in possession of [he holding undcr clause (a) of sub-sec~ion (1) ror any period, the amount paid by such persou shall, at the cnd of such period, be dccmed to have bcen satisfied in full , and thc Revenue Officer sball thcn rcs lorc the holding to the dciaulling raija!;

(ii) if [he Rcvcnuc OTEcer sells the l~olding undcr dausc (b) of sub-section [I), any amount that may remain out of ~ h c sale-proceeds nfrcr satisfaction of the arnounl duc in respect of the ccrljficate shall be paid to h e defaulting i i raijat. i '14H. An appcal, i l presented within thirly days from !he date of [he order appealcd against, shall lie '[lo [ha Munsif having jurisdiction] from any order made undcr sub-seclion ( 4 ) of seclion '[14C or ~cctiun ! 14E] or section 14G and his ordcr shall be final: I

Provided that an application for revision or modifici~tion or h e order ! passed by the '[Munsif on appcal shalI lie to the Dislrict Judgc] if madc wirhin sixty days From [he dare of Ihc order: , .

Provided funhcr !hat ihe provisions of section 5 of [he Limilation A C ~ 36 or . . Acl, 1963, shall apply to an appeal under this section. 1963.

514HH. Norwilhstanding anyhing to the contrary contincd in the . . Code of CiviI Procedure, 1908 or in any other law for the lime bcing 501- 1908. in force, every court exercising appellalc or revisional jurisdiction shalI, cither of irs own motion or on an applicorion made in this behalf, set asidc the sale of land of a raiyu~ belonging to a Schcdulcd Tribe or any portion of such land in execution of a decree in hvour of a pcrson not 'See foot-notc 2 on pagc 603. urrre. 'The words within thc square bnckers rvcre substituted Tor thc words "to thc Collector or district" by s. 12(i) of thc Wesr Bcngal Land Reforms (Amendmtnk) Act, 1972 (\Vesl Bcn. Act XI[ ol 1912). 'Thc figurn. Izt~crs and words wirhin the squm bnckcts wcrc subsrilurcd Iur the fifurcs and Iclttf " 1 4 C by s. I?(ii), ibid. 'Thc w o k wilhin thc squarc bnckers were subs(~turcd ror rhr: words "Collcflor on appcd shall lic to the Com~nissioncr" by s. Il(iii). ihid. 'Thk section wasinscned by s. 3 ofthc Wa1 B e n d Lnnd Rclornx (Sccond Amndmcnl) Acl. 1986 (\Vcsl Rcn Acr XIX or lqRhl (C/~aj)ter IIA.-Reslricriorfs orr alierraliorr of la~ld by Schmiitr~cd Tribes.-Secrions 141.-Clzapter 1IR.-Ceilir~g or1 Holdi~r~s.- Sectioru 145, 14K.j belonging to a Scheduled Tribc, nolwithsranding Ihc failure of [be party lo file any objccrion bcforc thc court which passed h e decree or passcd any ordcr for cxccution of IIIC decrcc. '141. No suit shall lie i n any Civil Court LO vary or scr aside any B x ~ o s u i a . order passed by the Revenue Olficer in any prwceding under this Chapler cxcept on the ground of fmud Dr want of jurisdiction. Ceiling on Holding$. '14J. ale provisions ofthis Chapter shall have effcc~ norwirhsranding Provisions of anything LO [he conlrilry contained elsewherz in this Act or in any olher 2:::; 'IB law for [be lime being in force or in any custom, usage or contracL overriding (express or implicd) or i n any agrccmcnt, dccree, order, decision or errec'. award of any court, rribunal or orhcr aulhority: Providcd rhal norhing in [his Cllaptcr shalI apply to any vncanr land 33 of '976- in an urban agglomeration as defined in the Urban Land (Cciling and Rcgulalion) Act, 1976. W K . In this Chapter,- Delinirions.

(a) "cciling arca" means ~ h c exlent of land which a raiyat shall I bc cnMed to own;

(b) "charirablc purposc" includes rclief of [he poor, medical rclief or dlc advanccrncnl of education or of any othcr objcct of general public ulility;

(c) "family", in relalion lo a raiysr, shall be decrncd LO consisl of-

(i) himsclf and llis wife, minor sons, unmarried daughlcrs, if any,

(ii) his unmarried iiduli son, if any, who docs not hold any land as a raiyar,

(iii) his married adult son, if any, where neither such adull son nor the wife nor any minor son or unmarried daughter of such adult son holds any land as a ruiya?, 'See fool-notc 2 on page 603. arr~e. 'Chap~r l IB consisling orseclion5 III lo I4Y w;ls inscncd by s. 13 ofthc Wcsl Bengd Land Relorms (Ammdmrnr) Act, 1972 (IVrst Ben. Acl XI1 of 1971). 'Srclion 14J was lint subslilurul by s. 18 of tk West B~engal Lvld ReCorr~~ (Arncndmcnr) Act, 1981 (Wcsl Dcn. Acl L of 1981). rhcrcaitcr. thc sanlc r v z mubsriru~cd by s. 5 of the Wesi Bengal Land Rcrorms (Third A~ncndmcnt) Acr, 19%6 (West Ben. Act XXXV -r I ~ Q L I Tlrc \I'm Beagal Latd Refon~rs ACI, 1955. ! [West Ben. Act i (Cl~opter 11B.-Ceilir~g or1 Hu1dbgx.-Sec~iorr 14K.J

(iv) widow of his predeceased son, i T any, where neirher such w i d o w nor any minor son or unmarried daughrcr of such widow holds any land as a raiyat,

(v) minor son or unmarried daughtcr, if any, of his predeccascd son, where h c widow of such predeceased son is dead and any minor son or unmarried daugh~r of such predeccascd son does no1 hold any land as a rniyat. bur shall no1 include any olhcr pcrson. Explarrariorr I.-For the purposes of [his Chaprcr, an adult unmarried pcrson shall include a man or woman who has been divorced and who has no1 rcmanicd thcrcafier: Providcd hat where such divorced man or woman is the guardian of any minor son, or unmarried daughrcr, or bolh, he or shc, togclhcr with such minor son or unmarried daughrcr, or both, shall: bc dccmcd to be a separate family. ExpIanarion Ii.-Rcfcrcnccs in [his clause lo wife, son or daugh~cr shall, in relalion to a miyar who is a woman, bc construed as rcfcrcnces to the husband, son or daughter, respeccvely, of such woman;

(d) "irrigarcd area" means m area specified as such by ~ h c State Governmenr, by notification in the Oficiul Gazerre, being nn area wluch is, or is in the opinion of the Srarc Govcrnrnent capablc of being, irrigated. ar any rimc during the agriculrural ycarcommencing on Ihc 1st day oiBnisaklr, I377 B.S. '[or thereafier, from any stare' canal irrigation projecl or '(State power-drivcn dccp rubewcll or shallow ~ubcwcll or any othcr Srare irrigation projec~) or S~ale riverliR irrigauon project];

(e) "orchard" means a compacl arca o l land having fruit bearing lrees grown thercon in such number rhat they preclude, or when fully grown would preclude. a subslantial pan of such land from being uscd Ibr >[any other] purpose; 'The words within rhc s q u m b n c k e ~ wcrc ~ubsuluIcd For the words ", from any Srnrc cmal i t ~ i p ~ t i a n projar or Sratc (powcr drivcn dcrp lubtwcll) irrigation project" by s. 3 or lhs West BengnI Land Reforms (Arncndrncnt) Acl, 1974 (Wut Ben. Act XXXlIl of 1974). 'The words within rhc fimr bnckets w r c substitutrd for the bnckcrs and words "Statc (power driven dccp rubewell) or Srarc tpowcr drivcn shaIlow !ubcwcll)" by s. 19(1) of thc Wcst Bcngal h d Rclorm (A~ncndmenr) Act, 1981 (Wcst Ben. Act L of 19s I), w.e.l. 7.8,69. 'The words within ~ h c square bmckcu ~b~crc subs~itutcd forthe wurds "any agricul tud' bvs . I9!h). i l~id . . w.c i . 7.R.h9. Tlie Wesr Berrgal Lmld Refuni~s Act, 1955. X of 1956.1 (Chaprer IIB.-Ceiliiig 01 i H01ditrgs.--Secrioris 14L, 14M.) (0 "standard heclarc" means,- ( i ) in rclalion to an agricuItural land, an extcnl or land equivalent to- -.

(a) 1.00 heclare i n an irrigaled area,

(b) 1.40 Ileclares in any orher area;

(ii) in rcIation to any land cornpriscd in an orchard, an exlent of land equivalent to 1.40 heclares; '(iii) in relation to any other land, an extcnt of land equivalent to 1.40 hectares. '14L. "Subject to the provisions OF sub-seclion (3) of secBon 144, No mi~or to secrion 14Y and sub-secrion (2) of sec~ion 142, on and from the ~ ~ ~ ~ ~ $ ~ ~ c c o m ~ n c c m e n l ] of the provisions of h i s Chaplcr, no raiyar shall be ceiling ma. en tilled lo own, in [he aggregate, any land in excess of the ceiling area applicable 10 him undcr section 14M. =lIM. (1) The ceiling area shall be,- Ceiling m,

(a) in h e case of a miyut, who is an a d u l ~ unmarried person,

2.50 standard heclares;

(b) in Ihc casc of a raiyat, who is the solc surviving member of a family, 2.50 standard heclares;

(c) in the case of a miyat having a bmily consisting of two or more, but no[ more rhan five members, 5.00 standard hecrares; Id) in thc casc of a raiyat having a hmily consisling of more lhan fivc membcrs, 5.00 srandard hectares, plfrs

0.50 standard hectare for each member in cxccss of five, so, however, !ha[ h e aggregate of the ceiling area for such miyat shall not, in any case, excccd 7.00 srandard hectares;

( c ) i n the case of any other raiyar, 7.00 standard hectares.

(2) Nolwilhstanding anydung contained in sub-secuon (l), where, in [he family of a raipr, lhcrc arc more raiya~s than onc, rhc cciling area for the ra iy~r , logether wilh Ihc cciling arca of all [he othcr raiyuts in h e Iamily shall nol, in any case, exceed,-

(a) where the number of mernbcrs of such family does not exceed five, 5.00 standard hcctarcs; 'Sub-clnusc (ii i) w a inscrted by s. 6 of the Wcs~ Beogd Land lieforms Wird Amcnd~ncnl) Acl, 1986 (Wesl Bcn. Acr XXXV of 1986), 2Sce fool-na~c 2 on page 609, urlre. >The words, fiyrcs. lrrlcs and bnckek within h c squarc bmckers were subslirured lor h e words "On and from commenccmcn~" by s. 2 of the Wcst Bcngd h d Relorn (Amendrnentl Act. 1996 Wcst Ben. Acl XXlV of 1996). The Wcsr Bet~gal Lar~d Refort~rs Acr. 1955. [West Ben. Act : I 1 -.: -

(6) whcrc such nutnbcr exceeds fivc, 5.00 standard hcc~arcs, I . -, : p11rs 0.50 standard hectare for tach member in exccss of five, so, however, lhal [he nggrcgale of the cciling area shall nor, in any case, excced 7.00 smndiud hecrarcs.

(3) For [hc prlrposes of sub-section (2), all the lands owncd individually by the mcmbcrs of a family or jain~ly by somc or all the members of such faslmiIy shall bc deemed to bc owned by the ruiyots in the family.

(4) In determining [he exlent or lend owned by t11c miyars in a . . , , fanlily or ~ h c solc surviving mcmber of ;l fanlily or an adult unmmicrl pcrson, the sharc o r such raiyur or raijafs, or such sole surviving mernhr, or such *dull unmarried person, as the case may bc, in he lands owncd by a co-operarive society, company, co-opcra~ive farming society, Hindu undivided family or a firm shall bc laken into account. E~plcrrrafiow-For the purposcs of this sub-scction, the share OF a raiyrrt in n family or rht sole surviving mcnlber of a FarniIy or an adult unrnarricd person in [hc lands owncd by a co-opcra[ivc society or a joint Family shall bc deemed LO be rhe cxlent of land which would be allo~ted to such raijnt or person had such lands bccn divided or prrrtitioncd, as the case may be. '(5) The lands ownetl by a m s r or endowment olhcr than that of a public nature, shall bc deemed [o bc lands owned by ~ h c author of [he ~ u s t or endowment and such author stlall bc deemed to be a raijar under this Act to [he extent of his share in h c said lands. and thc shme of such aulhor in thc said lands shall be laken into account for calcularing lhe area OF lands owned and relainablc by such author of the trusl or endowmenr, and for determining his ceiling arca for [hc purposes of this Chapvr. Explm~afiot~.-Thr: cxprcssion "author of [rust or endowment" shalI include thc successors-in-interest ofthe aurhor of such trust or endowment. '(6) Ngtwithslanding anything contained i n sub-sec~ion ( I ) , a (rust or an institution of public nalurc exclusively lor a charitable or religious purpose or both shall be deerncd lo be a raiynr undcr [his Acl and shall bc entitlcd to retain lands not exceeding 7.00 standard - hecrares, norwithsranding h e number of i ~ s ccnlrcs or branches in Ihc Sla~e. 'Sub-secrio~~ (5) was subsritutcd Tor ~ h c original sub-wclion by s. %(a) of !he {Vest Brngal Land Rclorms (Arncndrnenr) ACI, 198 1 (\Vest Bcn. Acr L of 1981). w.e.f. 7.8.69. :Sub-scc~ion (6) was inrcncd hv s. 201h). ibid The West Bengol Lalid ReJbrtl~s Act, 19-55. X of 1956.1 (Cliap let- 1IB. -Ceilit~g or1 Flo1di11gs.-Sectiorzs 14N- 14P.) '14N. (1) If any ques~ion nriscs as to whcthcr any land is or is no[ Dctemina- " within an irrigated area, sucl~ question shall hc dcrcrmined by ihc f:g:Ld prcscribcd authority in such manncr as may bc prcscribcd. area.

(2) The Stale Government shall prescribe such autlioriry as il may think fil for the deterinination of thc qucstion rcfcrrcd to in subsccrion (I). l14-0. (1) Any person who is aggrieved by any detcrrninauan A p ~ l . made by the prescribed aurhority undcr section 14N may, within rhirry days from ~ h c da~c or such dcrerrninarion or within such funher rjmc as thc nppcllarc nurhorily may, on suihcien~ cause being shown, allow, prefer an appeal 10 such authorily as rhc Stntc Govcmmcnt may, by notificalion in the Oflcial Guzette, specify in this behalf, aginsr such determina[ion.

(2) On receipr of such appeal, thc appellutc uuthori~y may, alrer giving a reasonable opporluniry to the appellant or being hcnrd, confim~, modify or rcvcrsc h e rlctcrmination made by the prescribed authority. ?14P. ( I ) In delcrmining the ceiling area, any land mnsferred by b i d t m s lcrrcd salc, gift or othcrwisc or parcilioned, by a raiyar aher [he 7th day of after [he 7th August, I969 but before the dalc of publica~ion or ~ h c West Bcngal Land d;lr of Augusl Rclbrrns (Amcndrncnl) Act, 1971 in the OIJiciul Guzerle, shdI bc ~akcn 1g69 I; bc inlo accout~l as if such land had not becn [ransferred or par~ilioned, as l a e n inlo accounl in the case may be: deleminine Providcd h a i provisions of sub-seclion ( I ) shall no! apply to rransfer Eiling or padtion of land 10 which provisions of seclion 3A apply.

( la ) In delemining chc cciling area, any land 10 which the provisions of section 3A of this Act apply and which was iransferred or partilioned alter the 71h day of August, 1969, but bcfore the 9th day of Seplember, 1980, shal I bc laken into accounl as if such land had not been transferred or partilioned, as [he case may bc.

(2) The provisions of sub-section (la) shall not apply to a bonajide rransfcr or panilion of any land as aforcsoid. and the burden of proving [he bot~afides of such lransfer or partilion shal I lie on the transferor ar [he person in whose name the land slood rccordcd befarc ~ h c parlilian, ax [he case may be. lScc fool-nole 2 on pilgc 609, anre. 'Section 14P was subsritutcd Tor thc original scciion by s. 7 or thc Wcst Ecngal Land Refom= {Third A n ~ n d ~ l u n t ) Act, 1986 [Wcsl Bcn. Act XXXV or 1966). Prior to illis substi~ution. the words, bnckcis and Lgurrs "Wrst Scngol Land Rclorn~s (An~cndrncnt) A ~ I . 1981" wcrc subs!iiuled Tor thc words. brackc~s and figurcs "\VesI Brngal h d Rcrorlns (A~wndmenr) ACI. 197 1 " by s. 21 of the W e s l Rrngal Land Relorms (Amcndnxn~) ACI. 198 1 (West Rcn. ACI L or 198 11. w.e r 7.8 69. Tile West BerrgaI Laud Reforr~a Act, 1955. (Clraprer IIB.-Ccilirrg otf Holdi~tgs.-Sertio~i 14Q.) [West Ben. Act I

(3) For lhe purposcs or sub-section (2), the rnnsfer of any land in fnvour of one or morc of thc iollowing rcladves of [he transferor shall be prcsurned ro be not bum fide:-

(a) wile, or

(b) husband. Dr

(c) child, or

(d) grand child, or

(e) parenl, or

(f) gnnd parcnt, or

(g) brother, or

(h) sisrer, or ( i ) brother's son or daughter, or

(j) sister's son or dnughlcr, or

(k) daughter's husband, or (I) son's wifc, or

(ni) wife's brorher or sistcr, or

(n) brother's wire, Ccilins wta '14Q. ( I ) Subjccl ro the provisions of sub-section (2 ) , [hc ceiling in spccial CWCF. area for a co-operative socic~y, company, co-operatiye farming society, Hindu undivided family or a Em, as the case may be, shall not exceed thc sum total of h e ceiling areas of cach mcrnbcr of such co-operative sociery, company, co-operative farming socicly, Hindu undividcd family or cach panner of such firm:

Provided [hat for thc purposc OF derernlining the ceiling area referred lo in this sub-section, any lnnd held sepan~ely by a person, who is a member of a co-openrive socic~y, company, co-operative farming society or Hindu undividcd family or a p m c r of a firm, shall bc dcductcd From the ceiling arca rcferred to i n section 14M, so that thc sum rolal of the area of land hcld by such person, whcrhcr as such mcmber or parlner or individually or as a member of a family, may not, in any casc, cxcccd rhe ceiling area applicublc to him under seclion 14M. 'See loor-noht 2 on page 609, arrre. :Sub-src~ion (?A) was insened by s. 4 of thc Wcsi Bcngal b n d Rcrom (Amendr l~enl ) Acr, 1974 (IVcst Bcn. Act XXXllI of 1975). Therearlei-, sub-seclion (2) and sub-scclion (2A) was simulianrously ornincd by s. 22(a) orthe )Vest Bengal Land Rzronns (Amendmrnr) Act, 1981 ( \ k c 1 Ben. Acr L of 198 I), w.c.T. 7.8.69. The Wesl Ber~gal Larrrl Rcfonru Act, 1955. X of 1956.1 (Chupter- 1IB.-Ceilitzg on Holdirzgs.-Sectiot~s 14R, 14s. )

(3) IF lhc Stalc Govcrnmcnt, after having regard ro all lhe circumslanccs of rllc casc, is sntisficd thar a corporarion or inslirulion established exclusively for a charilable or religious purpose, or bolh. or a person holding any land in t rust , or in pursuance of any o~herendowment, creating a legal obligation exclusively for a purpose which is charirable or religious, or borh, requires land, as disBnct from the incomc '[or usufructs] dcrivcd horn such land, for the duc performance of its obliga~ions, ir may, by notification in [he OJicicll Gazeue, increasc [he ceiling area For such corporalion or ins~itution or person to such cxlcnl as i t may hink Iil: 'Provided that the Srare Govcrnmcnl may, at any lime on irs own motion or on an application, rcvise an order under this sub-scction and may rcsumc rhc whole or any par1 of !hc land in excess of [he ceiling area and lake possession of such rcsumcd land arrcr giving [he parlies concerned an opporlunjry of being heard. "14R. The provisions of seclion 14M shall no1 apply- Exc~~iption, i

(a) lo any land owncd as a mipc~r by a local aurhorily or 4[an] aurhoriry consliluted or eslablished by j[or under] any law for [he lime being i n forcc:

(b) Tor such pcriod as may bc specified by thc Statc Govcrnrncnl, by nolificarion in thc Ofic i f~l Guze~re, 10 any Iand in such hilly portion of [he djstricl of DarjeeIing as may be specified in the said notification. - . - ?I&. ( I ) On the comrncnccmcnt of lhc provisions of h i s Chap~cr Vcsung of . . 6[or on any subsequent date] any land owned by a miyar in excess of ~ ~ ~ ~ D r ~ h c ceiling area applicable ro him shall vest in [lie S l a ~ e Free from all ceil ingma incumbranccs. 'Thc words within the square bnckers wcrc inscncd by s. 2 3 b ) or rhc Wcsr Bengal Land Refonns (Amendment) Aci. 1981 (\Ves~ Ben. Acr L of 1981). w.e.f.

7.8.69. 'See foor-nolc 2 on pagc 609, nnrr. 'Tlic word sirhin thc s q u m bmckrts were subs~itured lor rhe words "my h d y or" by s. 23(a) of the War Bengal Land R e f o m (Amendment) Acr, 1981 (iVesr Ben. Act L 01 1981). w.e.i. 7.8.69. 'Thc words "or undcr" \vcrc ornirrcd by s. 23(b), ibid. Latur, thc sunc words wcrc inserted by s. 8 or Ihc \Vcs! Bengal h d Relonns (Third Amcnd~mnt) Act, 1986 (WCSI Ben, Act XXXV o i 1986), T h e words wirhin the s q u m bnckets wcre inscncd by s, 9 oi the Wesr Bcngal Lmd Rcroms (Third Amendment) Acr, 1986 (Wcst Bcn. Aci XXXV or 1986). Poffer lo cnlcr upon and taIic posswsion n i vested land. I Tlre West Berzgnl h t ~ d Rcforttrs Acr. 1955. I I ! [West Den. Act , (C l~o j~fer IIB.-Ccilirrg 011 Holdi~lgs.-Secriu,rs J4SS. 14T.j

(2) Whcrc any Iand vested in the State under sub-sccuon ( 1) is bcing cultivarcd by a bat.gatlur, [hc right of cultivation of such bargadat- in relation ro any such vested Iand which, including any orher land owned OF cullivated by him is in exccss of '[0.4037 hcclarc of land used Ibr apiculrure]. shall, on [he cornmznccmcnl of lhc provisions ol this Chaplet ?[or on any su bscqucnr dare], stand tcrrninatcd.

(3) Every borgrrrinr shall, in relation to the land which he is aurl~orised by sub-sccuon (2) to retain under his cultivation, become, on and from the datc of commcncemenl of the provisions of rhis Chaprcr ?[or on any subsequent dare], a raiynt. -'14SS. ( I ) Upon vesting of any Iand in thc Slnlc undcr any or thc provisions of !his Act, he Revenue Officer or the prescribed authorily or any orher oificcr or au~horily who makes the order of ves~ing shall enler upon and rakc posscssion of such vested land by using such force as may be necessary for this purpose.

(2) Any Pcvenue OThcer, prcscribed aurhoriry or any olIier officer or aulhoriry co~powered in this behalf, may entcr upon and rake possession of any o~hcr vcsrcd land by using such force asmay be necessary for rhis purposc.

(3) For [he purpose of enlering upon such land and laking possession thereor, any such olficer or auhority may scnd a wrirlen requisi~ion in such l o r n and in such manncr as may be prescribed to [he officer-incharge of [lie local police s ~ a ~ i o n or lo any policc olficcr supcrior in rank to sucll officer-in-charge, and on rcccjpr of such wrilrcn rcquisi~ion, thc policc officer concerned shall rendcr all necessary and lawrul assis~ancc for taking posscssion of such land. '14T. ( 1 ) Evcry rniyar owning land in excess of the ceiling area sllall lurnish t o the Rcvenue Officer, in such form and within such time as may bc prescribed, a return containing h e full description of the land which he proposes to retain within h e ceiling area applicable to him undcr scction 14M and a full descriplion of [he land which is in excess of thc cciling area and such other particulars as may bc prescribed. 'Ths figures nnd words w ~ ~ h i n thc squarc bnckcls tvcn: subs1ilulcd for the figures md word "1.00 hccl.m" by s. 1-4 of thlr Wcst Bcngd h n d RcTorn~ (Anwndn~cn~) ACI, 198 1 (WCSI Dcn. hcl L of 1981). w.r.T. 7.8.69. 'See root-notc I on page 615, tmfc. 'Scclion IQSS i v x instnrd by s. 25 of fhc Wcs~ Bcngal Land Reforms (Ammdlmn1) Act, 1981 [\Vest Ben. ACI L or 1981). w.e.l. 78.69.

(2) Where [here are morc raiyats than one in a family, the return rcferred ra in sub-section ( I ) shall bc furnished by the head of the family or any orhcr mijut i n accordance wilh [he provisions of that sub-sccdon.

(3) Thc Revenuc Oiliccr may, on receipr of a rclum submitted undcr sub-secrion ( 1 ) or sub-sccrion (2) , or on his own motion, delerrninc thc extcnL of land which is lo vesl in [he Statc under seclion 14s and take possession or such lands: 'Provided that where a raijnr has cxcrcised his choice of relenuon of land within the ceiling area in such a way that ponions of more than onc plot arc to vest in [he S~are, the Rcvcnuc Oficer may disregard the choicc exercised by the roiyar and may, after giving the roiyar an opponunity of bking heard, dc~cnnine ~ h c plot or, where necessary. plols of land proposed to be rerained by rhc raiyat from which an area equal lo Ihc arca of the porlions of rhc plots shown in rhc return 10 be in excess of rhc cciling nrca, i s to vesl i n the Srak and t&c possession of such land: ?Provided lurlher that in thc case of mongage by a raiyar by deposit of Lille deeds under clause (c) or sub-seclion (1) of section 7, such miyat shall 6rs1 relain the Iand comprised in his holding and mortgaged by him within the ceiling area-and wherc thc total arca of any Iand comprised in his holding and mortgagcd by him exceeds the ceiling area, such porrion of he land so mortgaged as is in excess of h e ceiling area, rogclhcr wiih any olher land owncd by him but not so rnorlgaged, shall vest in the Scale free from all incumbranccs. '(3A) The Rcvcnue Oficer may of his own motion and after giving the m i p r an oppoflunicy of bcing heard, revise an order madc undcr subsccrion (3) and dererminc afrcsh the exlent of land which i s to vest in h e Slate undcr sccrion 145 and take possession of such land:

Provided t h a ~ applicalions made to he Revenuc Olficcr prior to the commcncemenl of the Wcst Bcngal Land Reforms (Amcndmcnt) ACI, 1978 shall be disposed of by h e Revenue Ofticcr in accordance with thc provisions of this sub-section. 'The proviso w a added by s. 5 or the Wesi Bcngal Land Reforms (Ammdrncn~) Acl. 1974 (Wcsl Ben. Act XXXIlI of 1974). 'The wm added by s. 3 01 thc Wcsr Bengal Land Rclom (Amcodrncn~) Act, 1990 (\Vest Ben. Act XXIV o f 1990). >Sub-seclion (3A) was Tmt inscncd by s. 2(1) or the Wes~ Bengd Lnnd RcTom (Arncndr~~cnt) Act. 1976 (Wcsl Bcn. Act XI1 a1 1976). Lalcr, h e same w z substi~utcd by s, 3 of h e Wcsi Bcngal Land Reforms ( k n d n ~ c n ~ ) Acl, 1978 (Wcst Bcn. ACL XXXIX of 1978). [Wwt Bcn. Act 1

(4) Ii a raiyat fails to rumish, without any reasonable excuse, thc rclurn referred lo in sub-section (I) , or sub-section (2), within [he prescribed rimc or wilfully makes any omission or incorrcc~ slalcmcnt in such rclurn, he shall be punishable '[with imprisonment which may exrend lo two years or with line which may extend lo five thousand rupees or with bohl. 2(5) The Revenue Officer, on his own mouon or upon any informalion, may, after giving the persons inleresled an opportunity of being heard, enquire and decide any question of berra~rzi in relation to any land,and any qucstion of title incidental ~hcrcto or any inrerest rhcrcin or any matter of mansaction madc, on bcjng satisfied hat such enquiry and dccision are necessary for Ihc purposc of preparalion, correc[ion or revision of record-of-righk and all rnauers incidental or consequenual therelo or deleclion and vesling of surplus land over the ceiling area. ?(6) Thc Rcvcnuc Officcr, on his own motion or upon any infomalion, may. after giving the persons interesled an opporlunily of being heard, enquire and decide any quesuon as LO whelher any trust, endowment or institution is of public or privale nalure or of exclusively religious or charitable in character, or borh, and any question of titlc incidcnlal hcrcre lo may bc necessary to delemine the extent of land which is to vest in he Stale undcr sccuon 14S, by examining [he documents, if any, or by taking into accounr the following, among others:-

(i) aclual user of income or usufrucls of the land,

(ii) mode of cul~ivadon,

(iv) share of income or usufructs of the land appropriated or enjoyed, or the arca of such land occupicd or enjoycd, by or on behalf of the manager, sebait, r ~ r ~ r f i r w l l i , or any orher person managing the. mst, endowment or instilu~ion. '(7) Any pcrson aggicvcd by any order made under sub-section (3), (3A), ( 5 ) or (6) may prcfcr an appeal under secdon 54. 'The words within ~ h c s q u m bnckcts werc subs~itutarl Tor thc wonk "with fine which tnay cntcnd lo one thousand mpccs" by s. 3 2 ) of Ihc \Yes1 Bcngd Land Reforms (A~nendnlcnt) Act, I976 (Wesl Ben. ACI X1I or 1976). 'Sub.scclions (3, (6). (7). (8) md (9) wcrc inscncd by s. 26 of !he West Bcngd Land Rtroniuj (A~ncndmenl) A d , 1981 (Wcsl Bcn. Acl L of 1981). Thcreaftcr, sub-scclion (5) was subs~iruwd by s, IO(a) of the West Bengd Lnnd Rclorms (Third Amndmenl) Aci. loo< ~ t ~ ~ ~ r R.-- YYY\I -F iaqm The Wesr Betrgal h ~ r d R c f o m ) ~ ~ Act, 1955. X of 1956.1 (Cl~oprer II3.-Ceiliug on H01diligs.-Seeti011 14T.J WCSI Dcn. - Act l o f ?: '(8) Nolwithsianding anylhing contained in this Act or in Ihc Wcsr

1953. Bcngal Estares Acquisilion Acl, 1953 or in any orhcr law for Ihc time being in rorcc or in any agrccmcnl, cuslom or usagc or in any dccrcc, judgement, decision or award af any court, lribunal or aurhorily, h e provisions of sub-scctions (3, (6) and (7) shall opcrale with rcrrospcc~ivc cifcc~ horn rhc 5th day 01 May, 1953. ' ( 9 ) Sub-seclions ( 5 ) , (6), (7) and (8) of this secrion shall be deemed to have always bcen inserted in