20B. [ Surrender or abandonment by bargadar.] [Inserted by West Bengal Land Reforms (Amendment) Act, 1972 (Act No. 12 of 1972).](1) If a bargadar
(a)surrenders his right to cultivate in relation to any and cultivated by him as a bargadar, or(b)voluntarily abandons cultivation of such land [the owner of the land or the bargadar or any other person] [Substituted by West Bengal Act No. 50 of 1981, dated 24.3.1986.] may give information in writing of such surrender or abandonment to the officer or authority appointed under sub-section (1) of section 18, having jurisdiction in the area in which such land is situated.(2)On receipt of such information [or on his own motion] [Inserted, ibid.] such officer or authority shall issue a notice, in the prescribed form, to the bargadar, and after giving the bargadar and the person whose land was cultivated by the bargadar, an opportunity of being heard and making such inquiries as he or it may deem necessary, determine whether the bargadar voluntarily surrendered or abandoned his right of cultivation in relation to such land.(3)If such officer or authority determines that the bargadar had not voluntarily surrendered or abandoned the cultivation of the land which was being cultivated by him as such and that he had been compelled by force or otherwise to surrender or abandon the cultivation of such land, such officer or authority shall restore the bargadar to the cultivation of the land, or where the bargadar is not available or is not willing to be restored to the cultivation of such land, the person whose land was so cultivated shall not resume personal cultivation of the land, but he may, with the permission of such officer or authority, get the land cultivated by any person, referred to in section 49, who is willing to cultivate the land as a bargadar.(4)If such officer or authority determines that the bargadar had voluntarily surrendered or abandoned the cultivation of the land which was cultivated by him as such, the person whose land was being so cultivated shall not resume personal cultivation of such land but he may, with the permission of such officer or authority, have the land cultivated by any person, referred to in section 49, who is willing to cultivate the land as a bargadar.(5)Any contravention of the provisions of sub-section (3) or sub-section (4) shall be an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.[Provided that subject to the payment of compensation by a transferee to a bargadar under the Land Acquisition Act, 1894 (1 of 1894), and the rules made thereunder, nothing in this sub-section shall apply to any land intended to be utilised for any of the purposes referred to in the first proviso to section 14Y.] [Inserted by Act 31 of 2000, w.e.f. 27.8.1996.]
