Amendment status not verified — confirm the current text below against the official source.
(1) notwithstandink anything conlaincd in !his Acl or in any ohcr law for thc time being in force or in any agreement, cusrom or usage or in any decree. judgmenr, decision or award of any cwrt, tribunal or authority, the provisions of h i s Chapter shall apply lo all lands oi all classes and descripuons defined in clausc (7) of section 2; (2) in (he case of land comprised in a rea garden, mill, factory or worksliop or land used for ihc purpose of livestock breeding, poulrry farming or dairy, h c miydt, or where the land i s held undcr a lease, the lessee, may be allowed to rclain (in excess of the prescribed ceiling) only so much 01 such land as, in the opinion of h e Stare Government, is requircd ror the purposc OF the tea garden, mill, factory, workshop, li~cstock breeding, poultry farming or dairy, as thc care may be: Providcd that the Srarc Government may. if it lhinks fit so ro do. dtcr reviewing the circumsmces of a case m d akcr giving the rniynt or the lessee, as thc case may be, an opportunity of being heard, revise any ordcr made by it undcr this clause spccilying the Iand which h c raiyar or the 'Thc provisos and the Erpl~r~otiutr were addcd by s. 1 of the \Vest Bengd h d Kcrorms (Aniendmenr) Acr. 19g6 fives[ Bcn, ACI XXTV ~r 1996). ‘Section 142 was inscncd by s. 28 of ~hc Wcsr Bengf Land Relorms (Arncndment) ACI. 1981 (Wcst Ben. Acl L of 1981). w.e.f. 7.8.69. Icssec shall bc cniitled to relain for tea garden, mill, factory, rvorkshop, livcslock breeding, poultry farming or dairy, as the case may be: 'Provided iuaher thal in dclerrnining the land rcquired for the purpose 01 tea cultivation, [here shall nor bt any diminution o f the area of a rcn gadcn. Explatlotion.-The exprcssion "Land under a lease" includes any land hcld dircclly under the S~ale Governmenr under a lease. 15, '(1) The provisions or cIauses (b) and (c) of sub-scc~ion (4) of secrion 4 shall not apply lo the holding of a raiyni or any part of it which is culrivatzd by a bagudar so long as cultivaliw by a bargadar conBnucs. =(2) The righi of culrivation of land by b(lrgadur shall, subjrcr !o the provisions of his Chaplcr, be heritable and shall not bc [ransferablc. *(3) The provisions of [his Chapler shall not apply to any person no1 belonging to a Schedulcd Tribe claiming to bc a bargadar under a raiyur belonging to a Scheduled Tribe. Ccrlin safeguards for holdings cultivmcd by bargadurs. %A. ( 1 ) hrulwithstanding anything contained in any law far the Continualion lime bcing in farce or in any mnuact to h e conlraq, wherc a bargador, $:$:: cultivaring any land, dics at a lime when culrivalion of such land by h e on bargodor was codnuing, Ihe cullivaian of such land may be conunued z$,duri by rhc lawhl heir of the bargadar or wherc here are mow than one lawful heir, by such lawful heir of the borgadar as aII the IawiuI heirs of h e bnrgodar may determine wjrhin thc prescribed period: Provided that wherc h e lawlul heirs of the bargadar ornil or fail 10 makc a detcrrnination as rcquired by this sub-secuon, the oficer or authority appointed under sub-section (1) of secdon 18 may nominate one or the lawful heirs of the bnrgadar, !?ha is in a position co cultivate tho land personally, 'LO continue h e culrivation thercof. (2) The lawful heir of the bargadar who is determined or nomina~ed for lhc cultivation of Ihe Iand shall cuIuvatc h e land subjcct to such terms and condilions as may be prescribed. - - - - - 'Thcpmviso w a s h f l e d by s. 13 orlbc\VestBengnl LandRcfom (Third Amendmcn~) ACI, 1986 (Wes~ Ben, A a XXXV 01 1986). :.Sec~ion I S w a renumkrcd as sub-scction ( I ) or ha1 sccli~n and ~ e r sub-seclion [ I ) as so renumbered. sub-seaions (2) and (3) wert jnscned by s, 29 or the lYm Bcngal h d Rciorms (Amendment) Acr. 1981 (West Rcn. Act L of 19E I), w.c.l 7.8.69. 'Sccuon 15A was insencd by s. 14 of ihe W e s ~ Elengal Land R c l o m (Amendmncnl) Acl, 1972 (Wcs~ Ben. Acr XI1 of 1972). The West Bellgal L.arrd Refonr~s Acr. 1955. [West Ben. Act I (3) Where- (a) no lawful heir of lhc bargadur is in a posirion to cultivalc the land personalty, or (6) the InwIul heirs or the bargadar fail to delemine, wilhin the prescribed period, lhc heir by whom [he culliva~ion OF rhe land will be continued md thc officcr or authority appointed undcr sub-scction (1) of scction 18 also omirs or fails to nominate, wilhin the prcscribcd period, any lawiul heir of the dcceascd bargadur for the continuarion of ~ h c cultivation of the land, or (c) the person dercrrnined or nominatcd under sub-section (I) orniis or rails to takc any steps, within rhc prescribed period, for rhc conlinualion of chc cullivation of the land, cultivation of rhe land m a y be continued by such person, rvhe~her an heir of h e deccased bargadur or no[. as may bc nominated by the person whose land was cultivalcd by the dcceased bargador. S h m or