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State of West Bengal - Section

Section 14G in West Bengal Land Reforms Act, 1955

14G. Power to the Revenue Officer to settle or sell [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] for realization of certificate dues.

—(1) When a certificate is filed for the recovery of an arrear of revenue or any other public demand recoverable under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913), in respect of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] of a raiyat belonging to a Scheduled Tribe, the Certificate Officer shall, before a proclamation for sale of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] is issued in execution of the certificate, refer the case to the Revenue Officer having jurisdiction who may, in his discretion—(a)eject the defaulting raiyat from his [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] and put another person belonging to a Scheduled Tribe in possession of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] for a period not exceeding seven years on payment of the amount due in respect of the certificate by him; or(b)sell the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] to a member of a Scheduled Tribe, if available, and, if not available, to any other person at a fair market price to be fixed by the Revenue Officer, not being less than the amount due in respect of the certificate:Provided that if the homestead of the defaulting raiyat is comprised in the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.], he shall not be ejected from such homestead under clause (a), nor shall such homestead be sold under clause (b).
(2)
(I)If the Revenue Officer puts any person in possession of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] under clause (a) of sub-section (1) for any period, the amount paid by such person shall, at the end of such period, be deemed to have been satisfied in full, and the Revenue Officer shall then restore the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] to the defaulting raiyat.
(ii)If the Revenue Officer sells the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] under clause (b) of sub-section (1), any amount that may remain out of the sale-proceeds after satisfaction of the amount due in respect of the certificate shall be paid to the defaulting raiyat.