Section 1986 in West Bengal Land Reforms Act, 1955
1986.
, has been published in the Official Gazette on the 24th of March, 1986. Under the said Act, all rights and interests in land of non-agricultural tenants and under-tenants within the meaning of the West Bengal Non-Agricultural Tenancy Act, 1949 were to vest in the State. The said Act came into force with retrospective effect on the 7th day of August, 1969. One of the objects of the Bill is to specially fix the date of vesting of all rights and interests of all non-agricultural tenants and under-tenants within the meaning of the West Bengal Non-Agricultural Tenancy Act, 1949, as on the 9th of September, 1980, i.e., the date on which the West Bengal Land Reforms (Amendment) Act, 1981, was introduced as a Bill in the West Bengal Legislative Assembly. The proposed amendments to section 3A are also intended to enable a person, whose rights and interests have vested in the State under the said provisions of the Act, to retain land within the ceiling limit prescribed in Chapter II-B of the West Bengal Land Reforms Act, 1955. Amendments to sections 14P and 14U of the principal Act proposed in the Bill are more or less consequential to the proposed amendments to section 3A. A provision has been kept under section 14P in the Bill to exclude bona fide transfer or partition, made lawfully before the 9th of September, 1980, of any land to which section 3A applies.2. The Bill proposes to amend section 3A of the principal Act to exclude also the lands to which the Calcutta thika Tenancy (Acquisition and Regulation) Act, 1981, applies and also to amend section 14J of the principal Act to exclude from its purview "vacant land" defined under the Urban Land (Ceiling and Regulation) Act, 1976. These amendments are intended to avoid application to a land of more than one Act under which rights and interests in the land may vest in the State.3. Section 4B and section 4D which were inserted in the West Bengal Land Reforms Act, 1955, by the West Bengal Land Reforms (Amendment) Act, 1981, came into force with retrospective effect on and from the 7th day of August, 1969. According to the provisions of these sections, transfer, conversion, alteration in area, or change in the use, of a land without obtaining permission from the Collector is punishable. Amendments to sections 4B and 4D are intended to ensure that a transfer, conversion, alteration in area, or change in the use, of a land, if made lawfully by the raiyat in accordance with the provisions of any law for the time being in force do not come within the purview of the said sections so that no person who acted bona fide and in accordance with any law for the time being in force, does not suffer. These provisions will not, however, apply to a transfer of a land if the transferor held land above the ceiling limit prescribed under Chapter II-B of the West Bengal Land Reforms Act, 1955.4. Amendment to section 14K is intended to define standard hectare for lands other than agricultural lands and orchard.5. Amendment to section 14Z is intended to ensure that actual area under tea cultivation is not reduced because of application of ceiling provisions of the Act.6. Amendment to section 48A is intended to make a Common Service Cooperative Society economically more viable and to prescribe a uniform standard of eligibility to be a member of such Cooperative Society which will be applicable to both original and new members.7. Amendment to section 49 is intended to enable the State Government 70 settle vested land with statutory bodies so that no legal difficulty is faced n distributing different classes of land that may vest in the State.8. The Bill proposes amendments to few other provisions of the Act relating to the manner and mode of implementation of the Act. Amendments to sections 14T, 50A, 51A and insertion of the new section 51BB are intended to remove difficulties in implementation of ceiling provisions of the Act and in preparation and maintenance of record-of-rights in land.Statement of Objects and Reasons in the West Bengal Land Reforms (Amendment) Bill 2000.(1) to redefine the term 'bargadar' in such a manner as to exclude certain near relatives of the owner of the land;(2) to change the definition of holding for removing certain unin-tended anomalies which have arisen from the existing expression;(3) to specify the major modes of use of land so as to prevent conversion of agricultural land into purposes which are not strictly agricultural;(4) to clarify the term 'Township' which has been used in section 14Y of the West Bengal Land Reforms Act, 1955, but has not been properly defined;(5) to amend section 20B of the West Bengal Land Reforms Act, 1955, to facilitate setting up of industry on any land on which there is bargadar(s);(6) to reintroduce Chapter IV of the West Bengal Land Reforms Act, 1955, by repealing the West Bengal Land Holding Revenue Act, 1979, the latter Act having been held ineffective for court orders; and(7) to suggest amendment in section 50, section 51A and section 57 of the West Bengal Land Reforms Act, 1955, so as to permit use of computerized sheets of land records as original records and to facilitate the correction/revision of record-of-rights.]As Amended by Act 6 of 2012 (w.e.f. 07.05.2012) and
