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[Cites 0, Cited by 5] [Section 4B] [Entire Act]

State of West Bengal - Subsection

Section 4B(2) in West Bengal Land Reforms Act, 1955

(2)[ Notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement, custom or usage or in any decree, judgement, decision or award of any court, tribunal or authority, where an intermediary has been allowed to retain land irrespective of area and classification and with or without any order under clause (g) of sub-section (1), read with sub-section (3), of section 6 of the West Bengal Estate Acquisition Act, 1953 (West Ben. Act I of 1954.) (hereinafter referred to as the retainer), or where such retainer has already transferred such land or any part thereof to any person or institution or company who is in possession of such land or part thereof, by an instrument mentioned in sub-section (1) of section 5 of this Act, such retainer or transferee, as the case may be, shall be deemed to hold such land or part thereof as lessee directly under the State Government with effect from the date of vesting under the West Bengal Estate Acquisition Act, 1953, or from the date of such transfer, as the case may be, for any of the purposes as referred to in the first proviso to section 14Y excluding tea garden, in accordance with such tenns and conditions as may be prescribed.] [Inserted by West Bengal Act no. 19 of 2017, dated 17.4.2017.][ xxx ] [[Omitted by the West Bengal Land Reforms (Amendment) Act, 2005 (West Bengal Act 28 of 2005, w.e.f. 1.12.2005). Earlier the proviso was inserted by Act No. 35 of 1986, published in the Calcutta Gazette, dated 12.5.1989 (w.e.f. 12.5.1989). The omitted proviso read as under:Provided further that without prejudice to the provisions of Chapter IIB of the Act the provisions of this section shall not apply to the diminution in area or the change of character of any land or the conversion of any land for any purpose other than the purpose for which it was settled or previously held, 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.]]
Section 4B substituted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969, the old section read as follows:4B. Maintenance and preservation of orchard.— (1) Every raiyat owning any orchard shall maintain and preserve the orchard in such manner that its area is not diminished or its character is not changed, except with the previous permission in writing of the Board of Revenue.(2) If any raiyat commits a breach of the provisions of sub-section (1), the prescribed authority may, after giving in the prescribed manner an opportunity to the raiyat to show cause against the action proposed to be taken, impose upon him a fine not exceeding two thousand rupees and where the offence is a continuing one, a further fine not exceeding two hundred rupees for each day during which the breach continues and the fine, if not duly paid, shall be recoverable as public demand.(3) An appeal shall lie from any order made under sub-section (2) in accordance with the provisions of sections 54 and 55.