Amendment status not verified — confirm the current text below against the official source.
but before h e expiry of rllc said Acl, shall be sraycd for the pcrjod during which the said Acl conlinues in forcc. '21B. A person lawfully cul~ivating any land belonging IO anothcr pcrson shall be prcsumcd to be a bargndur in rcspccl of such Iand if such person is no1 a member of the family of the other person whose land he culdvales and [he burden OF proving hat such person is not a bargadar or that [he land is in his personal cul~ivation shall, notwi~hslanding anything lo [he contny contained in any orhcr law for the lime being in force, lie on [he person who alleges thal the person cul~ivadng [he land is nor a bargadar in respecr of such land. '21C. ( I ) Thc Slalc Govcrnmcnl may on ils own molion, by nolificadon in thc Oficifd Gazette. consutulc a Stale Land Corporalion, or one or more Regional Land Corporalions or bo~h. (2) The Stale Land Corporations and each of rhe Rcgional Land Corporations (hcrcalrcr in this sccdrm cnllcd as Corporation) shall bc body corporalc with pcrpcrual succcssion and common scal, and shall have power lo acquire, hold and dispose of property. lo advance funds, to enrer into conkacls. lo instilule and defend suits, cascs and all olher legal proceedings and 10 do all things necessary for the purpose or cmying on ils object. (3) The objecr of the Corporarion shall be 10 advance funds in the prescribed manner lo a recorded bargodor of h e land intended to be sold or lo a bargadar of the land inlended to be sold and holding ceniiicare , issued undcr rhc rulcs madc undcr this Acl or to a pcrson eligible for sertlemenl of land under s e c h n 49, to enable him lo purchasc agricul tun1 land from a raiynr who owns at [he marerial timc not cxcccding onc slandard hecrarc as dclincd in clausc ( f ) of scc~ion 14K of land in the aggregate, whosc principal source of incornc is produce from his land and who being in disuess has failed to sell [he land in the open market on account of cultivation of the land. which rhe raijnt intends to sell, by [he bargadar and he namc of the brrrgudar has been recorded or cenificale has been issued lo the bargadnr, provided such bargadar or such person is olhenvisc cligible lo reccivc lhc advance of fund, as may be prescribed. Pcrson culrivaring land of moihcr Frson !o be prcsurnrd lo h a hrh'udur in cennin c a e s . Constirution of Slalz Lytd Corponrion or Rcgiond Land Corpordon. 'Scctio~~ 210 wiu inscrlcd by s. 5 of the Wesf Bcngd Land Rcron~ls (Arncndmenr) Acr, 1977 (Wesf Bcn. Act XXXlV of 1977). !Scaion 21C was inscncd by s. 36 or thc Wcsi Bcngal h d RcTorm (Arncndrnenr) A r r 19RI (Wrcr Rrn A r l l nT lqRI 1 r f 7 R 69 west Ben. Act r; (4) The price or the [and intended t o be purchased by the eligible bargarfar shall be scltled as between [he bargadar and the owner of [he land. Failing such seulemcnl of pricc, thc Corporadon, on bcing rcqucsrcd by thc owner of the land or !hc bnrgndar or on its own motion may assess the market value of the land For assessment thcrcof, rrrrrtutis nrutandis, in ~ C C O F ~ ~ ~ C C with thc principles of the Land Acquisition Act, 1894 raking into account the facr of cultivation by bargadur. but asscssmcnt of markc[ value shall not include any wlutirmr or inlerest or any other lhing cxccpt Lhc markcr valuc or thc land. (5) I F in such a case the bargadar fails or does nat intcnd lo buy [he land cu1livnted by him as bargndur, thc Corporation, on bcing requesled by he owner of the land, may oticr rhc land to a pcrson cligible under section 49 to buy the land at the mutually seulcd pricc or at the price assessed by [he Corpom~ion under sub-scction (4). If such pason rails or docs not intend to buy, the Corporation may, wjhin a pcriod of six monlhs of Lhc rcqucst by the owner of thc land, purchase [he land at a price rnu~ually settlcd between the Corporalion and the owner of the land or ar the price zscsscd by the Corporation under sub-section (4) and in case of such purchase h e Corporation shall pay ~ h c schrlcd or assessed market vnluc, as the case may be, to the owner of the land. (6) The insmment of purchase shall bc by a registercd dced of conveyance. If, however, the owner of the land does not regisrer h e deed of convcyancc wirhin thirty days of payment of [he seltled or assessed pricc to him by or on behalf of the bargadar or by [he person eligible under sec~ion 39 or by Ihc Corporalion, as h e case may be, notwihtanding any thing contained in h e Rcgisiralion Act, 1908, the Transfer of Property Act, 1882, or any othcr law for the lime being in force. the issue of notification in he Oficial Gazette by [he Corporation shall bc rhe conclusive evidence of sale of the land. (7) The recorded bargadar or thc bargadar holding a certificate or Ihe pcrson eligible under section 49 who purchacs Ihc land shalI mongage the land to [he Corporarion as sccurity for the loan advanced or lo be advanccd to him by a registered insmmcnt and h c loan along wilh service or orhcr charges shall be repayable to the Corporalion in h e prescribed manner. (8) The land when purchased by thc Corporatian ar acquired by rhe Corporation in sarisfaction of a rnorlgage shall bc sold in public auclion in such manner as may bc prescribed, for realising the money spent in purchasing or acquiring the land and also for service or olher charges, if any. (9) For die purpose of h i s scction, the word "distress" shall mcan- (a) marriage of a daughlcr, (b) performance of an obliga~ory cercnlony due ro dealh of father, morher, husband or wife, u the case may be, (c) medical trealment or nn jllncss of 3 very serious nature endangering h e life of h c owncr of thc land or the husband or wiic o i the owner, as the case may bc, nod minor sons, unmarried daugh~crs and any other relative having no independem sourcc of income and solely dependent on the owner, (d) maintenance oFthe owner of the land or ~ h c husband or wirc of thc owncr, as thc case may be, and minor sons, unmarried daughters and any orhcr relative having no independent source of income and solcly dependent on the owner, due 10 flood, drought or any ohcr natural calamity. (10) All powcrs, functions, righw and obligations laid down in this seclion for h c Corporation shall be applicable to and cxcrciscd by any institurion or organisation as may be notified by the Statc Govcmmcnl in rhc Oficial Gazerte on such rrrrns and conditions and in such manner as may bc prescribed: Provided thnl hc provisions of this section shall not apply lo a bargadar who owns and cul~ivales 4.00 hectares of land in the aggregarc. '21D. ?(I) The names of bargadurs in rcspcct of cvcry raiyat shall Names or bc cnlcrcd in the record-of-rights in such rnanncr as may hc prescribed. k~fin4z: f: '(2) The provisions of sub-scclion ( 1 ) shall have effect rhe record- notwithstanding anything contained in Chap~cr W or Chaplcr VIlA of this Act. '21E. In deciding any dispute ,under the provisions of Chaptcr Ill, Bar 10 legal thc arlicers and aulhorities may allow any party lo rhc disputc, unablc pmcli\ioncrs. lo makc submission on ils behalf, lo be representid by its relauve w by n represen~advc of he associalion or organisation to which the party belongs: Provided lhai no Advocate or legal praclitioner as dciincd in section 1 R or 1879. 3 of thc Legal Praculioncrs Act, 1879 shall be allowed to appcar, plcad or act in any capaciry on bchalf of the pany beforc any orficcr or aulhority, unless such ~ d v o c i t c or legal pracuuoner himseIf is a party 10 the dispule. 'Seclions 21D and 21E wrn: insened by s. 37 of the Wes~ Bengd L M ~ Reforms (Arnenknr) ACI, 198 1 (West Ben. Acl L of 198 I), w.r.i. 7.8.69. :Seclion l I D \vns renumbtrtd as sub-sccrion ( I ) or t h r section and after sub- section ( I ) aq so wnurnbcnrd, sub-scction (2) rva insencd by s. 2. of h c \Vest Bcngd Lwd Rcforms IArnendmenr) Acr. 1989 IlVcr;~ Hen. Acr XXlll ni 19F;Q) w r T 7 R 69 Liabiliiy to pay wvznuc. Abhemcnl of revenue in rcspcc~ or h o ~ i m ~ u d . The West Be11gn1 Lorrd Refurnts Acr, 1955. [West Ben. Act CHAPTER IV Provisions as l o revenuc. l22. (1) A raiyur shall be liable lo pay rcvenue for his holding. (2) Rcvcnue shalI be a Lrsl chargc on the holding.