-[(1) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force settlement of any land which is at the disposal of the State Government, shall be made without any premium being charged for it, in such manner as may be prescribed, with person who are residents of the locality where the land is situated, and who together with other members of their family, own no land or less than [0.4047 hectares of land used for the purpose of agriculture] [Substituted by West Bengal Land Reforms (Amendment) Act, 1975 (23 of 1975).] one half of the lands cultivated by them a bargadars being taken into account for the purpose of calculating the aggregate of such land, and subject to the following conditions, namely,](a)that, in the case of agricultural land, such person intends to bring the land under personal cultivation,(b)that, in the case of homestead land, such person having no homestead of his own, intends to construct a dwelling house thereon, and(c)such other terms and conditions as may be prescribed :Provided that among the persons eligible for such settlement, preference shall be given to persons belonging to Scheduled Caste or Scheduled Tribe or who form themselves into a Co-operative Society for the purpose:[Provided further that no settlement of land shall be made with any person or with a member of the family of such person, who is engaged or employed in any business, trade, undertaking, manufacture, calling, service, or industrial occupation:[Provided also that nothing in this sub-section shall apply to any case when freehold title-deed for land is given to a bonafide refugee in accordance with such norms as may be prescribed by the appropriate Department of the State Government.] [Substituted by West Bengal Land Reforms (Amendment) Act, 1980.]Explanation.The second proviso to sub-section (1) shall not apply to an agricultural labourer, artisan, or fisherman.](1A)[ No person with whom any land is or has been settled under sub-section (1) shall be entitled to transfer such land except by way of a simple mortgage or a mortgage by deposit of title deed in favour of a Scheduled Bank, or a Co-operative Society or a Corporation owned or controlled by the Central or State Government or both, and for the purpose of obtaining loan for the development of land or for the improvement of agricultural production or for the construction of a dwelling house.] [Inserted by West Bengal Land Reforms (Amendment) Act, 1975 (23 of 1975).](2)[ If a Revenue Officer, on his own motion or an application made to him in that behalf, after hearing the person with whom the land was settled and in the case of any subsequent transfer, the transferee as also the person who is, for the time being in actual occupation of such land and after making such enquiry as may be prescribed, is satisfied that settlement of such land was made by mistake or obtained under any provision of this section by practice of fraud, misrepresentation, coercion or otherwise or that a transfer of any land has been made in contravention of the provisions of sub-section (1A), he may, by order in writing, annul the settlement or both the settlement and the transfer, as may be deemed necessary.] [Substituted by West Bengal Land Reforms (Amendment) Act, 1975(23 of 1975).](3)[ When a Revenue Officer makes an order under sub-section (2) annulling settlement or both the settlement and the transfer of any land, as the case may be, the Revenue Officer shall enforce delivery of possession of such land to the Collector by using such force as may be required after evicting the person in actual occupation of such land.] [Substituted by West Bengal Land Reforms (Amendment) Act, 1980 (41 of 1980).](3A)[ For the purpose of enforcing delivery of possession of any land and evicting any person in actual occupation of such land under sub-section (3), any such Revenue Officer may send a written requisition in such form and in such manner as may be prescribed to the officer-in-charge of the local police station or to any police officer superior in rank to such officer-in-charge and on receipt of such written requisition, the police officer concerned shall render all necessary and lawful assistance for enforcing delivery of possession of such land.] [Inserted the sub-section (3A) by West Bengal Land Reforms (Amendment) Act, 1980 (41 of 1980).](4)Any person aggrieved by an order made under sub-section (2) may, within thirty days from the date of such order, prefer an appeal to such authority as the State Government may, by notification in the Official Gazette specify and the order passed by such authority in appeal shall be final.(4A)[ Notwithstanding anything contained in the foregoing provisions of this section, the State Government, or an officer authorised in this behalf by the State Government, may transfer to, or settle with, a local body or an authority constituted or established by or under any law for the time being in force land which is at the disposal of the State Government, for such purpose and on such terms and conditions as may be decided by the State Government.] [Inserted the sub-section (5) by West Bengal Land Reforms (Amendment) Act, 1980 (41 of 1980).](5)[ Notwithstanding anything contained elsewhere in this Act, where the State Government is satisfied that it is necessary so to do for a public purpose or for establishment, maintenance or preservation of any educational or research institution or industry, settlement for any period of any land may be made with any person or institution on such terms and conditions including periodical payments, with or without any premium being charged therefor, in such manner as may be prescribed.] [Inserted the sub-section (5) by West Bengal Land Reforms (Amendment) Act, 1980 (41 of 1980).][Explanation l.] [Renumbered by Act 24 of 1996, Calcutta Gazette, dated 27.8.1996.]For the purpose of this sub-section 'person' includes an individual, a firm, a company, or an association or body of individuals, whether incorporated or not.[Explanation II.For the purposes of this sub-section "industry" includes a tea-garden, mill 4 factory or workshop, livestock breeding, poultry farming, or dairy, [or township in an area declared to be a planning area under] [Inserted, ibid.] the West Bengal Town and Country (Planning and Development) Act, 1979.]
