Amendment status not verified — confirm the current text below against the official source.
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 in 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 in 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~rlIB 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 river- liR irrigauon project]; (e) "orchard" means a compacl arca ol 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 agricultud' bvs. I9!h). il~id.. w.ci. 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 in 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 ~ ~ ~ ~ com~nccmenl] 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 adul~ 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) in 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 raiy~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 (iii) 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 or 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 in 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 sub- sccrion (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 An~nd~lunt) 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 in 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 (Amend- rl~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 trust, 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 it 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 in forcc: (b) Tor such pcriod as may bc specified by thc Statc Govcrnrncnl, by nolificarion in thc Oficif~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 his Chap~cr Vcsung of . . 6[or on any subsequent date] any land owned by a miyar in excess of ~ ~ ~ ~ ~ h c ceiling area applicable ro him shall vest in [lie Sla~e Free from all ceilingma incumbranccs. 'Thc words within the square bnckers wcrc inscncd by s. 23b) 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 , (Cl~oj~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-in- charge 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 to 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 in 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 in 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 sub- sccrion (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 infoma- lion, 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~rfirwlli, 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