(1) Subject to the other provisions of this Act, a raiyat shall on and after the commencement of this Act be the owner of his [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).] and the [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).] shall be heritable and transferable.[Explanation.For the removal of doubts, it is hereby declared that any person or institution who holds any plot of land(a)under any permit, lease or licence [granted by the State Government shall be deemed to have been substituted with effect from the 7th day of August, 1969] and; or(b)as a thika tenant defined in clause (14) of section 2 of the West Bengal thika Tenancy (Acquisition and Regulation) Act, 2001; or(c)under sairati interests or by retaining such plot of land under clause (g) [or under clause (i) shall be deemed to have been inserted with effect from the 7th day of August, 1969] [Inserted ibid, w.r.e.f. 7.8.1969.] of sub-section (1), read with sub-section (3), of section 6 of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954), shall not be a raiyat for the purpose of this sub-section].(2)Nothing in sub-section (1) shall entitle a raiyat to sub-soil rights.(2A)No raiyat shall(a)quarry sand, or permit any person to quarry sand, from his [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).], or(b)dig or use, or permit any person to dig or use, earth or clay of his [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).] for the manufacture of bricks or tiles, for any purpose, other than his own use, except with previous permission, in writing of the State Government and in accordance with such terms and conditions and on payment of such fees as may be prescribed.(2B)If any raiyat commits a breach of the provisions of sub-section (2A), 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 breach is a continuing one, a further fine not exceeding two hundred rupees for each day during which the breach continues. Such fine, if not duly paid, shall be recoverable as a public demand.(2C)An appeal shall lie from any order made under sub-section (2A) in accordance with the provisions of sections 54 and 55.(3)[Omitted by the West Bengal Land Reforms (Amendment) Act, 1971 (President's Act No. 3 of 1971) and thereafter by the West Bengal Land Reforms (Amendment) Act, 1972 (Act No. 12 of 1972) with retrospective effect from February 12, 1971.](4)Notwithstanding anything in sub-section (1), the [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).] of a raiyat excluding his homestead, [shall vest in the State free from all encumbrances under an order of the prescribed authority made in the prescribed manner] [Substituted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969; for "shall be sold by the prescribed authority in the prescribed manner".] after such enquiry as it thinks fit and after giving the raiyat an opportunity to show cause against the action proposed to be taken if(a)he has without any reasonable cause used the land comprised in the [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).] or a substantial part thereof for any purpose other than [that for which it was held by him or settled by the State or directly incidental thereto] [Substituted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969, for Agriculture.];(b)he has without any reasonable cause ceased to keep the land or any substantial part thereof under personal cultivation [or has failed to utilise the land consistently with the original purpose of the tenancy or for any purpose directly incidental thereto] [Inserted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969.] for a period of three consecutive years or more except when such land is under usufructuary mortgage mentioned in section 7;(c)he has without any reasonable cause failed to bring the land comprised in the [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).] or any substantial part thereof under personal cultivation [or has failed to utilise the land consistently with the original purpose of the tenancy or for any purpose directly incidental thereto] [Inserted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969.] within three consecutive years of the date on which this Act comes into force or of the date on which he came into possession of such land, whichever is later;(d)he has let out the whole or any part of the [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).]:Provided that nothing in this sub-section shall prevent the raiyat from cultivating any part of his [plot of land] [Substituted for "the word holding" by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003).] by a bargadar.[Provided further that nothing in this sub-section shall prevent the raiyat from leasing out the whole or any part of his plot of land for the purpose of establishing an industrial park or industrial hub or industrial estate or financial hub or a biotech park or a food park as per project report duly examined, vetted and approved by the appropriate Department of the State Government:Provided also that nothing in this sub-section shall prevent any local authority or an authority constituted or established by or under any law for the time being in force or any wholly Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956), from leasing out the whole or any part of his plot of land in a township as defined in clause (25) of section 2 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979).] [Inserted by the West Benal Land Reforms (Amendment) Act, 2012 (Act 6 of 2012) (w.e.f. 07.05.2012).](5)[ On the [plot of land] [[Substituted by West Bengal Act No. 50 of 1981, w.r.e.f. 7.8.1969; the old sub-section read as follows :(5)On the holding of a raiyat being sold as aforesaid, his ownership therein shall cease and the rights of the lessee, if any, shall terminate and the raiyat shall be entitled to receive the surplus sale proceeds after deducting the expenses for conducting the sale.]] of a raiyat being vested in the State under sub-section (4) his ownership therein shall cease and the rights of the lessee, if any, shall terminate and the raiyat shall be entitled to receive an amount to be determined under section 14V.] [Inserted by the West Bengal Land Reforms (Amendment) Act, 2005 (West Bengal Act 28 of 2005) (w.r.e.f. 7.8.1969).]
