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[Cites 0, Cited by 72] [Entire Act]

State of West Bengal - Section

Section 14M in West Bengal Land Reforms Act, 1955

14M. Ceiling area.

—(1) The ceiling area shall be,—(a)in the case of a raiyat, who is an adult unmarried person, 2.50 standard hectares;(b)in the case of a raiyat, who is the sole surviving member of a family, 2.50 standard hectares;(c)in the case of a raiyat having a family consisting of two or more, but not more than five members, 5.00 standard hectares;(d)in the case of a raiyat having a family consisting of more than five members, 5.00 standard hectares, plus 0.50 standard hectare for each member in excess of five, so, however, that the aggregate of the ceiling area for such raiyat shall not, in any case, exceed 7.00 standard hectares;(e)in the case of any other raiyat, 7.00 standard hectares.
(2)Notwithstanding anything contained in sub-section (1), where, in the family of a raiyat, there are more raiyats than one, the ceiling area for the raiyat, together with the ceiling area of all the other raiyats in the family shall not, in any case, exceed,--
(a)where the number of members of such family does not exceed five, 5.00 standard hectares;
(b)where such number exceeds five, 5.00 standard hectares, plus 0.50 standard hectare for each member in excess of five, so, however, that the aggregate of the ceiling area shall not, in any case, exceed 7.00 standard hectares.
(3)For the purposes of sub-section (2), all the lands owned individually by the members of a family or jointly by some or all the members of such family shall be deemed to be owned by the raiyats in the family.
(4)In determining the extent of land owned by the raiyats in a family or the sole surviving member of a family or an adult unmarried person, the share of such raiyat or raiyats, or such sole surviving member, or such adult unmarried person, as the case may be, in the lands owned by a co-operative society, company, cooperative farming society, Hindu undivided family or a firm shall be taken into account.Explanation.—For the purposes of this sub-section, the share of a raiyat in a family or the sole surviving member of a family or an adult unmarried person in the lands owned by a cooperative society or a joint family shall be deemed to be the extent of land which would be allotted to such raiyat or person had such lands been divided or partitioned, as the case may be.
(5)[ The lands owned by a trust or endowment other than that of a public nature, shall be deemed to be lands owned by the author of the rust or endowment and such author shall be deemed to be a raiyat under this Act to the extent of his share in the said lands, and the share of such author in the said lands shall be taken into account for calculating the area of lands owned and retainable by such author of the trust or endowment, and for determining his ceiling area for the purpose of this Chapter.Explanation.—The expression "author of trust or endowment" shall include the successors-in-interest of the author of such trust or endowment.] [Substituted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969, published in Calcutta Gazette, dated 24.3.1986.]
(6)[ Notwithstanding anything contained in sub-section (1), a trust or an institution of public nature exclusively for a charitable or religious purpose or both shall be deemed to be a raiyat under this Act and shall be entitled to retain lands not exceeding 7.00 standard hectares, not withstanding the number of its centres or branches in the State.] [Inserted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969, published in Calcutta Gazette, dated 24.3.1986.]