Section 6 in West Bengal Estates Acquisition Act, 1953
6. Right of intermediary to retain certain lands.
(1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provisions of that sub-section, be entitled to retain with effect from the date of vesting(a)land comprised in homesteads;(b)land comprised in or appertaining to buildings and structures [owned by the intermediary or by any person, not being a tenant, holding under him by leave or license] [Substituted by Section 4(1)(a) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) (with retrospective effect) for the words, whether erected by the intermediary or not.];[Explanation.For the purposes of this clause 'tenant' shall not include a thika tenant as defined in the Calcutta Thika Tenancy Act, 1949 (West Bengal Act No. 2 of 1949);] [Explanation added by Section 4(1)(b), ibid (with retrospective effect).](c)non-agricultural land in his Khas possession [including land held under him by any person, not being a tenant, by leave or license] [Inserted by Section 4(1)(c), ibid (with retrospective effect).], not exceeding fifteen acres in area, and excluding any land retained under clause (a) :Provided that the total area of land retained by an intermediary under clauses (a) and (c) shall not exceed twenty acres, as may be chosen by him :Provided further that if the land retained by an intermediary under clause (c) or any part thereof is not utilised for a period of five consecutive years from the date of vesting, for a gainful or productive purpose, the land or the part thereof may be resumed by the State Government subject to payment of compensation determined in accordance with the principles laid down in sections 23 and 24 of the Land Acquisition Act, 1894 (I of 1894);(d)agricultural land in his Khas possession, not exceeding twenty-five acres in area, as may be chosen by him :[Provided that in such portions of the district of Darjeeling as may be declared by [[Proviso Substituted by Section 3(1)(a) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect), which read as under :Provided that if he does not cultivate such land or any part thereof for a period of four consecutive years from the date of vesting. The State Government shall be entitled to resume such land or part thereof upon payment of such compensation as may be determined in accordance with the principles laid down in sections 23 and 24 of the Land Acquisition Act, 1894.]] notification by the State Government to be hilly portions, an intermediary shall be entitled to retain all agricultural land in his Khas possession, or any part thereof as may be chosen by him;] [For notification declaring the areas comprised in the Sadar, Kurseong and Kalimpong sub-divisions of the district of Darjeeling to be hilly portions for the purposes of the proviso to clause (d) of sub-section (1) of section 6 of the Act, see Notification No. 7348L. Ref., dated 17.4.1956, published in the Calcutta Gazette of 1956, Part I, page 1543.](e)tank-fisheries;Explanation.'Tank fishery' means a reservoir or place for the storage of water, whether formed naturally or by excavation or by construction of embankments, which is being used for pisciculture or for fishing, together with the sub-soil and the banks of such reservoir or place, except such portion of the banks as are included in a homestead or in a garden or orchard and includes any right of pisciculture or fishing in such reservoir or place;(f)[subject to the provisions of sub-section (3),] [Inserted by Section 3(1)(b) of the West Bengal Estates Acquisition (Amendment) Act. 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect).] land comprised in tea gardens or orchards or land used for the purpose of livestock breeding, poultry farming or dairy;(g)[subject to the provisions of sub-section (3),] [Inserted by Section 3(1)(c), ibid (with retrospective effect).] land comprised in mills, factories, or workshops;(h)where the intermediary is a local authority,land held [ xxx ] [The words "in Khas for public purposes" omitted by Section 4(1) of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Bengal Act No. 17 of 1960) (with retrospective effect).] by such authority, notwithstanding such land or any part thereof may have been let out by such authority :[Provided that where any land which has been let out by any local authority is retained by such authority under this clause, no person holding such land shall have any right of occupancy therein, and every such person shall be bound to deliver possession of the land to the local authority when, required by it for its purposes;] [Proviso added by Section 4(2). ibid (with retrospective effect).](i)[ where the intermediary is a corporation or an institution established exclusively for a religious or a charitable purpose or both, or is a person holding under a trust or an endowment or other legal obligation exclusively for a purpose which is charitable or religious or bothland held in Khas by such corporation or institution, or person, for such purpose [including land held by any person, not being a tenant, by leave or license of such Corporation or institution or person] [[Clause (i) Substituted by Section 3(1)(d) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect). which read as under :(i)where the intermediary is a corporation or an institution established for an exclusively charitable or an exclusively religious purpose,land held in Khas by such corporation or institution for such charitable religious purpose;.]];](j)where the intermediary is a co-operative society registered or deemed to have been registered under the Bengal Co-operative Societies Act, 1940 [Bengal Act No. 21 of 1940] [The Bengal Co-operative Societies Act, 1940 (Bengal Act No. 21 of 1940) repealed and re-enacted by the West Bengal Co-operative Societies Act, 1973 (West Bengal Act)(28 of 1973) and again repealed and re-enacted by the West Bengal Co-operative Societies Act. 1983 (West Bengal Act No. 45 of 1983).], or a company incorporated under the Indian Companies Act, 1913 [VII of 1913] [The Indian Companies Act, 1913 (7 of 1913) repealed and re-enacted by the Companies Act, 1956 (1 of 1956).], engaged exclusively in farming (and in business, if any, connected directly with such farming),agricultural land in the Khas possession of the society or the company on the 1st day of January, 1952, and chosen by the society or the company, not exceeding in area the number of acres which persons, who were the members of the society or the company on such date, would have been entitled to retain in the aggregate under clause (d), if every such person were an intermediary :Provided that where any such person retains any land under clause (d), such person shall not be taken into account in calculating the aggregate area of the land which the society or the company may retain.(k)[ so much of requisitioned land as the intermediary would be entitled to retain after taking into consideration any other land which he may have retained under the other clauses; [Clauses (k) and (l) Inserted by Section 3(1) of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Bengal Act No. 19 of 1961) (with retrospective effect).]Explanation.'Requisitioned land' means any land which was in the Khas possession of the intermediary and which was requisitioned by Government under the provisions of any law for the time being in force or was occupied by Government in pursuance of rule 49 of the Defence of India Rules and continued to be subject to requisition or occupation on the date mentioned in the notification issued under section 4;(l)so much of land in the unauthorised occupation of refugees from East Bengal immediately before the date of vesting as an intermediary would be entitled to retain after taking into consideration any other land which he may have retained under the other clauses;Explanation.'Refugees from East Bengal' includes those who are displaced persons within the meaning of the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 1951 (West Bengal Act No. 16 of 1951).][Exception.[Subject to the provisions contained in sub-section (3), nothing in this sub-section] [Exception added by Section 3(1)(e) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect).] shall entitle an intermediary [or any other person] [Inserted by Section 4(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).] to retain any land comprised in a forest [or any land comprised in any embankment as defined in the Bengal Embankment Act, 1882 (Bengal Act No. 2 of 1882), the proper maintenance of which should, in the opinion of the State Government, be taken over by the State Government in the public interest] [Inserted by Section 4(1)(e) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) (with retrospective effect).].](2)An intermediary who is entitled to retain possession of any land under sub-section (1) shall be deemed to hold such land directly under the State from the date of vesting as a tenant, subject to such terms and conditions as may be prescribed and subject to payment of such rent as may be determined under the provisions of this Act and as entered in the record-of-rights finally published under Chapter V except that no rent shall be payable for land referred to in clause (h) or (i):Provided that if any tank fishery or any land comprised in a tea-garden, orchard, mill, factory or workshop was held immediately before the date of vesting under a lease, such lease shall be deemed to have been given by the State Government on the same terms and conditions as immediately before such date [subject to such modification therein as the State Government may think fit to make.][Inserted by Section 4(2). ibid (with retrospective effect).](3)[ In the case of land comprised in a tea-garden, mill, factory or workshop the intermediary, or where the land is held under a lease, the lessee, shall be entitled to retain only so much of such land as, in the opinion of the State Government, is required for the tea-garden, mill, factory or workshop, as the case may be, and a person holding under a lease shall, for the purpose of assessment of compensation, be deemed to be an intermediary :][Sub-section (3) added by Section 3(2) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect).][Provided that the State Government may, if it thinks fit so to do after reviewing the circumstances of a case and after giving the intermediary or the lessee, as the case may be, an opportunity of being heard, revise any order made by it under this sub-section specifying the land which the intermediary or the lessee shall be entitled to retain as being required by him for the tea-garden, mill, factory or workshop, as the case may be.][Proviso added by Section 2 of the West Bengal Estates Acquisition (Amendment) Act, 1969 (West Bengal Act 31 of 1969) (with retrospective effect).][Explanation I. The expression 'land held under a lease' includes any land held directly under the State under a lease.] [Explanation added by Section 4 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect).]Explanation II. For the removal of doubts, it is hereby declared that the expression "revise any order" mentioned in the proviso to this sub-section, shall, notwithstanding anything contained in any law for the time being in force or in any agreement or in any decree, judgement, decision, award of any court, tribunal or other authority, include revision of an order of retention made under this sub-section, at any time after such order of retention so made, if the intermediary or the lessee, as the case may be, fails to use or ceases to use the whole or any part of the land for the purpose for which it has been retained i.e. for tea-garden, mill, factory or workshop, as the case may be, by him, so as to resume such land as being surplus to his requirement, by the State Government in the manner laid down in this proviso. [Explanation added by West Bengal Act No. 5 of 2009 Vide Notification No. 1516-L., dated 9th November, 2010][Exception.In the case of land allowed to be retained by an intermediary or lessee in respect of a tea-garden, such land may include any land comprised in a forest if, in the opinion of the State Government, the land comprised in a forest is required for the tea-garden.] [Exception added by Section 3(2) of the West Bengal Estates Acquisition (Amendment) Act. 1963 (West Bengal Act 22 of 1963) (with retrospective effect).](3A)[ Land which may be retained under clause (k) or clause (l) of sub-section (1) shall, if necessary, be demarcated in such manner as may be prescribed and shall be specified in an order made in this behalf by a Revenue Officer specially empowered for the purpose by the State Government. [Sub-sections (3A), (3B), (3C) and (3D) Inserted by Section 3(2) of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Bengal Act No. 19 of 1961) (with retrospective effect).](3B)In executing any order for eviction of persons in unauthorised occupation of land in pursuance of proceedings under the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 1951 (West Bengal Act No. 16 of 1951), possession shall be given to the intermediary of only so much of such land as he is entitled to retain under clause (l) of sub-section (1) and possession of any land in excess thereof shall be given to the Revenue Officer having jurisdiction over the area in which the land is situated.(3C)For the purpose of sub-section (3B) the officer or authority executing the order for eviction shall ascertain from the Revenue Officer referred to in sub-section (3A) particulars of the land possession of which may be given to the intermediary.(3D)Except as otherwise specifically provided in this Act or in the rules made thereunder, the provisions of the Bengal Tenancy Act, 1885 (VIII of 1885) or the Cooch Behar Tenancy Act, 1910 (Cooch Behar Act No. 5 of 1910) shall not apply in the case of any land referred to in sub-section (2).(4)[ In the case of lands comprised in a forest [or in any embankment, referred in the Exception to sub-section (1)] [Sub-sections (4) and (5) Inserted by Section 4(b) of the West Bengal Estates Acquisition (Second Amendment) Act. 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).] and held by a person other than an intermediary which vest in the State, such person shall, for the purpose of assessment of compensation, be deemed to be an intermediary.(5)An intermediary shall exercise his choice for retention of land under sub-section (1) within such time and in such manner as may be prescribed. If no choice is exercised by him during the prescribed period, the Revenue Officer shall, after giving him an opportunity of being heard, allow him to retain so much of the lands as do not exceed the limits specified in clauses (c), (d) and (j) of that sub-section :Provided that nothing in this sub-section shall require an intermediary to exercise the choice if he has already done so before the date of coming into force of the West Bengal Estates Acquisition (Second Amendment) Act, 1957.]
