(1) Every raiyat owning land in excess of the ceiling area shall furnish to the Revenue Officer, in such form and within such time as may be prescribed, a return containing the full description of the land which he proposes to retain within the ceiling area applicable to him under section 14M and a full description of the land which is in excess of the ceiling area and such other particulars as may be prescribed.(2)Where there are more raiyats than one in a family, the return referred to in sub-section (1) shall be furnished by the head of the family or any other raiyat in accordance with the provisions of that sub-section.(3)The Revenue Officer may, on receipt of a return submitted under sub-section (1) or sub-section (2), or on his own motion, determine the extent of land which is to vest in the State under section 14S and take possession of such lands:Provided that where a raiyat has exercised his choice of retention of land within the ceiling area in such a way that portions of more than one plot are to vest in the State, the Revenue Officer may disregard the choice exercised by the raiyat and may, after giving the raiyatan opportunity of being heard, determine the plot or, where necessary, plots of land proposed to be retained by the raiyat from which an area equal to the area of the portions of the plots shown in the return to be in excess of the ceiling area, is to vest in the State and take possession of such land:[Provided further that in the case of mortgage by a raiyat by deposit of title deeds under clause (c) of sub-section (1) of section 7, such raiyat shall first retain the land comprised in his [plot of land] [Added by West Bengal Act 24 of 1990 (w.r.e.f. 7.8.1969), Calcutta Gazette, dated 23.10.1990.] and mortgaged by him within the ceiling area and where the total area of any land comprised in his [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] and mortgaged by him exceeds the ceiling area, such portion of the land so mortgaged as is in excess of the ceiling area, together with any other land owned by him but not so mortgaged, shall vest in the State free from all encumbrances.](3A)[ The Revenue Officer may of his own motion and after giving the raiyat an opportunity of being heard, revise an order made under sub-section (3) and determine afresh the extent of land which is to vest in the State under section 14S and take possession of such land:Provided that applications made to the Revenue Officer prior to the commencement of the West Bengal Land Reforms (Amendment) Act, 1978 shall be disposed of by the Revenue Officer in accordance with the provisions of this sub-section.] [Sub-section (3A) was substituted by West Bengal Land Reforms (Amendment) Act, 1978 (West Bengal Act No. 39 of 1978).](4)If a raiyat fails to furnish, without any reasonable excuse, the return referred to in sub-section (1), or sub-section (2), within the prescribed time or wilfully makes any omission or incorrect statement in such return, he shall be punishable with imprisonment which may extend to two years or with fine which may extend to five thousand rupees or both.(5)[ The Revenue Officer, on his own motion or upon any information, may, after giving the persons interested an opportunity of being heard, enquire and decide any question of benami in relation to any land and any question of title incidental thereto or any interest therein or any matter of transaction made, on being satisfied that such enquiry and decision are necessary for the purpose of preparation, correction or revision of record-of-rights and all matters incidental or consequential thereto or detection and vesting of surplus land over the ceiling area.] [Sub-section (5) was substituted by West Bengal Act No. 35 of 1986, published in the Calcutta Gazette, dated 12.5.1989.](6)[ The Revenue Officer, on his own motion or upon any information, may, after giving the persons interested an opportunity of being heard, enquire and decide any question as to whether any trust, endowment or institution is of public or private nature or of exclusively religious or charitable in character, or both, and any question of title incidental thereto as may be necessary to determine the extent of land which is to vest in the State under section 14S, by examining the documents, if any, or by taking into account the following, among others(i)actual user of income or usufructs of the land,(ii)mode of cultivation,(iii)pattern of utilisation of the land, and(iv)share of income or usufructs of the land appropriated or enjoyed, or the area of such land occupied or enjoyed, by or on behalf of the manager, sebait, mutwalli, or any other person managing the trust, endowment or institution.][Inserted by West Bengal Act No. 50 of 1981, dated 24.3.1986.](7)[ Any person aggrieved by any order made under sub-section (3), (3A), (5) or (6) may prefer an appeal under section 54.] [Sub-sections (6) to (9) were inserted.by West Bengal Act No. 50 of 1981, dated 24.3.1986.](8)[ Notwithstanding anything contained in this Act or in the West Bengal Estates Acquisition Act, 1953 (West Bengal Act No. 1 of 1954) or in any other law for the time being in force or in any agreement, custom or usage or in any decree, judgment, decision or award of any court, tribunal or authority, the provisions of sub-sections (5), (6) and (7) shall operate with retrospective effect from the 5th day of May, 1953.] [Sub-sections (6) to (9) were inserted.by West Bengal Act No. 50 of 1981, dated 24.3.1986.](9)[ Sub-sections (5), (6), (7) and (8) of this section shall be deemed to have always been inserted in the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954). Any officer specially empowered in this behalf under the provision of the West Bengal Estates Acquisition Act, 1953 or under the provisions of this Act, may, in exercise of the powers conferred by sub-sections (5) to (8), reopen and decide afresh any proceeding, case or dispute in relation to determination of total land held by an intermediary or a raiyat or an under-raiyat at any point of time or may determine the quantum of land such intermediary, raiyat or under-raiyat was or is entitled to retain and also may determine the extent of land which is to vest in the State or which shall remain vested in the State and shall take possession of such land in accordance with the provisions of section 14SS. Notwithstanding any judgment, decision or award of any court, tribunal or authority to the contrary, the rule of res judicata shall not apply to such cases of reopening and fresh determination.] [Sub-sections (6) to (9) were inserted.by West Bengal Act No. 50 of 1981, dated 24.3.1986.](10)[ Notwithstanding any return submitted by a raiyat under sub-section (1) or sub-section (2) and notwithstanding any order passed by the Revenue Officer under sub-section (3) or sub-section (3A) in respect of the land owned by him, the State Government may, at any time by a notification in the Official Gazette, ask every raiyat owning land in excess of the ceiling area under section 14M to furnish to the Revenue Officer, in such form as may be prescribed and within such time as may be specified in the notification, a return containing the full description of the land which he proposes to retain within the ceiling area applicable to him under section 14M and a full description of the land which is in excess of the ceiling area and such other particulars as may be prescribed.(11)On the publication of the notification under sub-section (10), the provisions of this section shall apply mutatis mutandis to every raiyat owning land in excess of the ceiling area under section 14M.] [Sub-sections (10) to (11) were inserted by West Bengal Act No. 35 of 1986, published in the Calcutta Gazette, dated 12.5.1989.]
