Amendment status not verified — confirm the current text below against the official source.
(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 ollhe West Bengal Land Reforms (Arncndment) Act, 1966 (Wcsl Bcn. A r r Y l -r InLC;> The West Bengal htrd 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 Iine 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 sub- seclion (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 dis~icr 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 sub- seclion (I), [he Dcpuly Commissioner may, after giving the default- ing 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, iT 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)'wx 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 hrrd 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 (Amcnd- ment) 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 sc~lcd 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 sub- seclion (5) olscction 4C, shall be an offcncc punishable wilhimprisonmenl which may extend lo threc years or wih fine which may extend lo one lhousand rupecs or with both: Provided [hat no proseculion shall lic for an offence under [his sub- section 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 mars of land revenuc) of my land or interest in such land wihin 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 in 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 it 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