Section 4(4) in West Bengal Land Reforms Act, 1955
(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).]
