Amendment status not verified — confirm the current text below against the official source.
?(I) Notwilhsianding anyrhing contained elsewhere in h i s Act Principles df or in any olher law for h e rime being in force, seldcrnent of any land which is at [he disposal of the S~alc Govemmcnt, shall bc made without any premium being charged for it, in such manner as may be prescribed, w i ~ persons who are residcnts 01 he locality whcrc h e land is siluated, 'The words within the squnrc bmkcts wcrc instncd by s. 14<b)(i) of rhc Wcsl Bengal h d ReTom (Third Amcndrncnt) Act. 1986 (Wcst Ben. Act XXXV of 1986). -%c words within thc squnre brackets wcrt inscned by s. 14@](ii), ibid. 'Firslly, in sccrion 49.- (n) rhc ligurcs and word "1.00 htctm" were subsLirurd lor the words "two ac.cresW by s. 22Ii) or thc Wen Bcngd L a d Refom (Amendmenil Acr. 1972 (WCFI Ben. Acl XI1 of 1972). (b) thc second proviso w a ~ addcd by s. 22(ii). ibid. Thcn. sccrion 49 was renurnberrd x sub-section ( I ) of lh31 scciion and after sub-scction (I) as so renumbered, sub-seclions (2). (3) and (4) wcrc inscned by s. 6 or the IVcst Bcngal Land ReTom (Sccond AmeadmcnO Act 1972 (West Ben. Acl XKVIIIoi 1972). Therenfter, rhcrc wcumd rojlowing chmgcs in the aforesaid subseaions, namely:- (i) sub-xcdon (1) was subsliluted by s. Z(i) of rhc West Beogd h d Reforms (Amendmcnl) Acl. 1975 (\Vest Bcn. Act XXIll of 1975), (ii) sub-secfion (2) wm subslitulcd by s. 2(iii). ibid. and (iii) firsrly, in sub-section (3). he words "annulling se~dcmcnt or hrh rhc sc~lernenr and \he ~ m s l c r of any Imd, as Ihe caw m y be," wcre subsrilu!ed for ~ h c words "mnulling xtdcmcnt or my land" by s. 2(iv), ibid. ThereaRcr, sub-section (3) was substi~urcd by s. 5(c) of rhc Wesr Bengal h d Relorn (A~nendmtnr) Act. 19RO (Wes! Ben. Act XI.l nF 19R1l) The Wesr Betigal Land Refornis Acr, 1955. [West Ben. Act I and who logether with other members of [heir family, own no land or less than '[0.4047 heclare of land used for the purpose of agriculture], onc hall of rhc lands culdvatcd by them as bargadars bcing takcn inlo accounl for h e purpose of calculating the aggregale of such land, and su bjecl to [he following condiuons, namely:- (a) rhat, in h e case of agriculrural land, such persorb intends LO bring rhc land under pcrsanal cultivation, (b) hat, in [hc cuc of homestead land, such pcrson having no homcacad of his own, intends to consmct a dwclling house hercon, and (c) such other tcrnis and conditions as m a y be prescribed: Provided that m o n g the persons eligible for such se~~lernenl, preference shall be given to persons belonging to Schcdulcd Caste or Scheduled Tribe or who form lhcmsclves inlo u Co.operative Socie~y for the purpose: 2Provjdcd funher that no setllernent of land shall bc made wih m y pcrson or with a membcr of the ramily of any such person, who is cngagcd or employed in any business, mdz, underdung, rnanufacrurc, calling, scrvjcc, or industrial occupa~ion. zExpla~rariot~.-The second proviso io sub-secrion (1) shall not apply 10 an agricultural labourer, anisan or fisherman. '(I A) No person with whom any land is or has been sellled under sub-seclion ( I ) shall bc cntiued to transfer such land except by way of a simple mortgage or a rnorlgage by deposit of ci[le dceds in ravour of a Schcdulcd Bank, or a Co-operalive Sociery or a Corporation owned or conuolied by thc Ccnlral or State Government or both, and for h e purpose of oblaining loan for the development OF land or for the improve men^ of agricullural production or for the construction of n dwclling house. '(2) If n Revcnue Officer, on his own motion or on application made lo him in hat behalf, after hearing [he person w i h whom the land was settled and in [he casc of any subsequent transfer, [he rransferee as also the person who is. for ihc time being. in actual occupation of such land and aflcr making such enquiry as may bc prcscribcd, is salisficd that 'fisdy, thc figurcs md ~ o r d "O.JM7 hectare" wcrc substi~utcd for thc figures and word " 1.00 hccrare" by s. 5(a)(i) of ~ h c Wcsl Bcngal h n d Rcforms (Amendment) Act. 1980 (iVesl Bcn. Act XLI or 1980). Therwner. the figurn and words ~vihin the square backers were subsututcd lor h c r~gurcs and word "0.4047 hectm" by s. 41 or the West Bengal h d Rcrom (AmcnJrncnl) Acl, 1981 (West Bcn. Acl L of Lggl), w,e.C, 7.8.69. :The 'sccond proviso and Ihc Erplarro~iort' were subsritutcd for thc original 'proviso and thc Erplarluriorl' by 5. S[a)(ii) of rbc Wcst Bcngal h d R t T a m (Amendment) Act. 1980 (Wac Aen. A a XLt DT 1960). JSubscc~on (1A)wa irujcncd by s. 2(ii)of h e West B e n g d h d Refom(hodrnent) Acl. 1975 (Wcsi Bcn. Acr XXIlI DI 1975). Tlie Wesf Bengal b t t d Refonns Ac!, 1955. 9: setllcmcnt of such land '[was made by inislakc or obtained undcr any provision of this seclion by praclicc of Fraud, misrcprcsentalion, coercion or otherwisc.) or Illat a uansfcr of any land has been madc in conrravcnuon of the provisions of sub-section (IA), he may, by order in writing, annul the setllement or bolh the seltlemenl and h e ~ransfcr, as may be deerncd necessary. 73) When a Revenuc Officer makes an order undcr sub-section (2) annulling setllemcnt or both h e sc~tternen~ and h c mnsier oi any land, as Ihc case may bc, the Revenue Officer shall cnforce delivcry of posscssion of such Iand lo rhe Collec~or by using such force as may bc rcquircd afrer cvicling the pcrson in acruol occupa~on of such land. ?(3A) For the purpose of enforcing delivery of posscssion of any land and evicting any pcrson in aclual accupation of such land under sub-scction (3), any such Revenue Officer may scnd a written requisition in such rorm and jn such manncr as may bc prescribed lo [he officcr- in-charge or d ~ c local police-station or 10 any police orficcr superior in rank to such officer-in-charge and on receip~ of such wririen requisilion, h e police officer conccrncd shall rendcr all necessary and lawful assistance for enfarcing delivcry of possession of such land. ?(4) Any pcrson aggrieved by an order madc uoder sub-seclion (2) may, within thiny days from Lhc date of such ordcr, prefer an appeal to such aulhority as the Srare Government may, by notificauan in the Oflcial Gazerre, specify and hc order passed by such authoriry in appeal shall bc final. "(4A) Nolwi~hstanding any thing contained in the loregojng provisions of his secrion, ~ h c State Govemmcot, or an officer authorised in h i s behalf by the S I ~ I C Govcmrnent, may transfer to, or sclrIe wirh, a h a t body or an aulhority conslitulcd or established by or under any law for the time being in forcc land which is a1 the disposal of h e Stare Government, for such purpose and on such terms and condi~ions as may be decjdcd by h e Slalc Governmenr. 'Thc words within rhc squm brackets wcrc subs!ituted lor the words, fiyrr: md bnckas " w z obtaind by m y person under sub-scction (1) by pmctising Tnud or misrcpwcnration." by s. 5(b) of ~ h c West Bengd Lmd Rcronns (Amendment) Act, 1980 (Wcst Ben. Acr n l or 1980). :,See 1001-notc 3 on pnge 649. u~rte. JSub-scction (3A) rva inscncd by s. 5(d), ilrid. 'Sub-section (4A) r v u inscncd by s. 15 o i h c Wcsr Bcngal L3nd Reform (Third Amendment) Act, 1986 (Wcsl Ben. Acl XXXV of 1986). I The Wesr Bellgal Larrd Reforn~s Act, 1955. I [West Bcn. Act 1 '(5) Notwihslanding anylhing conlained elsewhere in this Act, where the Stale Government is satisfied that it is necessary so lo do for a public purpose or for eslablishmcnt. mainlcnance or prescrvauon of any cducarional or research insliluuon or industry, selllement for any period of any land may be made with any person or insti~ution on such terms and conditions including periodical payrnenls, with or wilhout any premium being charged herefor, in such manner as may be prescribed. 2Explar~o?ion I.-For h e purpose of [his sub-scclion 'person' includes an individual, a firm, a company, or an associauon or body of individuals, whcther incorporated or not. 'ExpIatiafiorl II.-For [he purposcs of [his sub-sccdon, "industry" includes a tea-garden, mill, factory or workshop, livestock breeding. poultry farming, or dairy, or owns ship approved under the W e s ~ Bengal Wesl Ben. Town and County (Planning and Dcvclopment) Act, 1979. Act Xlll of