(1) Every dispute between a bargadar and the person whose land he cultivates in respect of any of the following matters, namely :(a)division or delivery of the produce,(aa)recovery of produce under section 16A,(b)termination of cultivation by the bargadar,,(c)[Omitted by the West Bengal Land Reforms (Amendment) Act, 1970 (President's Act 16 of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act No. 12 of 1972) with retrospective effect from July 13, 1970,]shall be decided by such officer or authority as the State Government may appoint:[Provided that no application for decision of any dispute shall be entertained unless such application is presented to the officer or authority within three years from the date on which the claim falls or becomes due.] [[Substituted by West Bengal Act No. 50 of 1981, dated 24.3.1986; the old Proviso read as follows:Provided that no application for decision of any dispute in respect of delivery of the produce referred to in clause (a) shall be entertained unless such application is presented to the officer or authority within two years from the date on which the delivery of the produce falls due.]](2)If in deciding any dispute referred to in sub-section (1) or otherwise any question arises as to whether a person is a bargadar or not and to whom the share of the produce is deliverable, such question shall be determined by the officer or authority mentioned in sub-section (1).(2A)If in deciding any question referred to in sub-section (2), the officer or authority mentioned in that sub-section finds that any default in the delivery of the share of produce is due to doubt or uncertainty on the question whether the land in respect of which the share of the produce is claimed has vested in the State or has been retained under the West Bengal Estate Acquisition Act, 1953, [or under this Act] [Inserted by Act No. 50 of 1981, dated 24.3.1986.] by the person claiming the share, such officer or authority shall, instead of terminating cultivation of the land by the bargadar on the ground of default, allow him time to deliver the share of the produce due to the person entitled thereto or to pay the price thereof by annual instalments not exceeding four, the first of such instalments being deliverable or payable on a date not later than the first day of Chaitra next following the date of the order.(2B)[Omitted by the West Bengal Land Reforms (Amendment) Act, 1970 (President's Act 16 of 1970) and then by the West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act No. 12 of 1972) with retrospective effect from July 13, 1970.](3)The decision of any dispute referred to in clause (a) of sub- section (1) shall specify the money value of the share of the produce to be delivered, which shall be payable in default of delivery of such share.(3A)The decision of any dispute referred to in clause (aa) of sub-section (1) shall specify the quantity of the produce recoverable from the owner by the bargadar as his share and also its money value which shall be payable by the owner in default of delivery of such quantity of the produce.(4)For the removal of doubts it is hereby declared that notwithstanding any decision of any Court to the contrary, any order under clause (a) of sub-section (1), specifying the money value of the share of the produce to be delivered payable in default of delivery of such share, made before the commencement of the West Bengal Land Reforms (Amendment) Act, 1972 shall be deemed to be and to have always been validly made as if that Act had come into force when such order was made.(5)If the decision of any dispute referred to in clause (a) of sub-section (1) given before the commencement of the West Bengal Land Reforms (Amendment) Act, 1962, does not specify the money value of the share of the produce to be delivered, the bargadar or the person whose land is cultivated by the bargadar or the successor-in-interest of such person may within ninety days from the commencement of the West Bengal Land Reforms (Amendment) Act, 1965, make an application before the officer or authority who decided the dispute or his or its successor for review of the decision for the purpose of specifying the money value of the shares of the produce to be delivered payable in default of delivery of such share.(6)Upon receipt of such application the officer or authority shall, after giving the parties to the dispute an opportunity of being heard and adducing evidence, pass an order specifying the money value of the share of the produce to be delivered, which shall be payable in default of delivery of such share.
