Amendment status not verified — confirm the current text below against the official source.
(1) Parlirjon of a holding among co-sharer ralj'ars owning il holding among co- shall bc made either by- sharer (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 in 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) If 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 in 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 (Amndmnr) 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. Thc 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 fmily 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, 1~1~35rcr~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 XVlll 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, in 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 (Amcnd- n~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 hxrd 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) sli~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 lo 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~nsrcrin roijot bcIonging lo a Scheduled Tribe shall be valid unless made by a :K':;cn- rzgistercd insuumcnl. Chaplet IIA shall nor k 16 01 1908. (2) Nolwirhslanding any hing conmined in lIie Registration Act, vdid rcgistrrrd. unless 1908 or in 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 OF this Chapter. (3) If, in coursc of rcgisfration of any instrumen1 refcrrcd to in sub- seclion (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 aiscs 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 Powc~lo '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 ~msrcrs by found, afler an inquiry in [he prescrikd manner, to have been obtained rc~;yt/. by misrepresenlalion or fraud] or if in Ihc case of a complele .usufruc- luary 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, ol 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 is 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 lo in clause (a) 3* * * of sub- section ( 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 sub- seclion (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 \Vat Bengd Land Rclom (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(ii), 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) ejec~ 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 rcslorc 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, il 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.