State of West Bengal - Act
West Bengal Land Reforms Rules, 1965.
WEST BENGAL
India
India
West Bengal Land Reforms Rules, 1965.
Rule WEST-BENGAL-LAND-REFORMS-RULES-1965 of 1965
- Published on 15 September 1966
- Commenced on 15 September 1966
- [This is the version of this document from 15 September 1966.]
- [Note: The original publication document is not available and this content could not be verified.]
070.
1. Short title.
These rules may be called the West Bengal Land Reforms Rules, 1965.2. Definitions.
In these rules,2A. [ Determination of the area of locality for the purpose of sub-section (8) of section 2. For the purpose of sub-section (8) of section 2 of the Act, "locality" shall include an area situated within a radius of eight kilometres measured from the north-west corner of the land owned by a person:
Provided that if such land is beyond eight kilometres from the residence of such person or any member of his family but the area of the mouza in which such land is situated is within eight kilometres from such residence, shall be deemed to be within such locality.] [Inserted by Notification No. 3468-L-Ref., 20-R-4/78, dated 25.9.1978.]3. [ Appointment of prescribed authority. (1) The State Government may, by notification in the Official Gazette, appoint more than one officer or authority to be the prescribed authority in a district or in a part thereof for all or any of the purposes of the Act.
3A. Terms and conditions for quarrying sand, etc., under sub-section (2A) of section 4
. (1) A raiyat intending to(a)quarry sand, or permit any person to quarry sand, from his holding, or(b)dig or use or permit any person to dig or use, earth or clay from his holding for the manufacture of bricks, tiles, for any purpose other than his own use, shall make an application in Formal for a permit for such quarrying or digging or use to the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] through the digging [Block Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] of the area. A copy of the application shall be sent at the same time to the [Sub-divisional Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] and to the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.].3B. Verification of the application and grant of permit.
(1) On receipt of the application the [Block Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] shall ascertain if the applicant has a permanent and transferable interest in the land and whether all persons having such interest in the land have joined in the application and shall also make an enquiry, in consultation with Agricultural Extension Officer of the area, if necessary, as to(a)whether the land is double cropped or fit for double cropping or situated within the command area of any irrigational project;(b)whether the land is situated within forty-five metres from any public road, railway track, an irrigation or drainage canal or an irrigation or drainage embankment;(c)the distance of the land from any public road, railway track or any irrigation embankment; and shall prepare a report.4. Manner of giving opportunity to the raiyat to show cause against action proposed to be taken under sub-section (2B) of section 4.
If any raiyat commits a breach of any of the provisions of sub-section (2A) of section 4, the prescribed authority shall serve a notice on the raiyat in Form No.1 or 'in a form substantially similar thereto calling upon him to appear before it and file a written statement within the date specified in the notice showing cause why action under sub-section (2B) of the said section shall not be taken against him. On receipt of the written statement, if any, submitted by the raiyat the prescribed authority shall, after hearing the raiyat or his duly authorised representative and after making such further enquiry as it may think necessary, dispose of the case.5. [ Manner of vesting of the holding of a raiyat in the State by the prescribed authority under sub-section (4) of section 4. (1) The prescribed authority shall serve a notice on the raiyat calling upon him to appear before it either personally or through authorised representative on a date to be specified in the notice for showing cause as to why his land shall not vest in the State under sub-section (4) of section 4 for contravention of the provisions of the said sub-section. On the date specified in the notice or on any subsequent date which may be fixed by the prescribed authority for the purpose, the prescribed authority shall, after giving the raiyat or his authorised representative, if any, an opportunity of being heard, and after making such further enquiry and rendering such further evidence as it may think necessary, dispose of the case. A copy of the order passed by the prescribed authority shall be served on the raiyat.
5A. [ Manner of change of character, conversion or alteration in mode of use of land held by raiyat. (1) Any raiyat intending to change the character, convert or alter the mode of use of any land held by him, shall make an application to the officer concerned empowering, in writing, to discharge the function of the Collector of such change, conversion or alteration under section 4C, in Form 1A and shall be accompanied by such documents as mentioned in the said Form 1A.
5B. [ Procedure to be followed by Collector under proviso to sub-section (1) of section 4A. The Collector shall,
6. Taking possession of excess land under section 6.
[Omitted]7. Notice under sub-section (1) of section 9 of application for transfer by [co-sharer of a raiyat] [Substituted by Notification No. 3071-L-Ref, dated 10.2.2001, w.e.f. 10.7.2001.] or contiguous tenant.
Notice under sub-section (1) of section 9 of application for transfer shall be in Form No. 4.8. Procedure for appeals and fees to be paid under sub-section (6) of section 9.
(1) Every appeal under sub-section (6) of section 9 shall be filed in the form of a memorandum and shall be signed and verified by the appellant in the manner provided in sub-rules (2) and (3) of Rule 15 of Order VI of Schedule Ito the Code of Civil Procedure, 1908. It shall be accompanied by an authenticated copy of the order appealed against and shall contain the following particulars, namely,(a)the name and address of the appellant;(b)the name and address of the respondent;(c)the location and particulars of the i[plot of land] in respect of which orders were passed by the Munsif; and(d)the grounds of appeal.9. [ * * * *] [Omitted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.]
10. Notice under sub-section (2) of section 14.
Notice to be served on the prescribed authority under sub-section (2) of section 14 shall be in Form No. 6.11. Process fee for transmission of the instrument of partition to the prescribed authority under sub-section (2) of section 14.
The process fee payable for transmission of the registered deed of partition to the prescribed authority under sub-section (2) of section 14 shall be Rs. three and paise fifty.12. Form of application for redemption of usufructuary mortgage under sub-section (4) of section 14C.
An application under sub-section (4) of section 14C for redemption of a usufructuary mortgage shall be in Form No.7.13. Manner of enquiry on applications made under sub-section (4) of section 14C.
In making enquiries on applications made under sub-section (4) of section 14C for redemption of a usufructuary mortgage the Revenue Officer shall follow, as nearly as may be, the procedure laid down in the Code of Civil Procedure, 1908, for the trial of suits, recording a memorandum of the substance only of the evidence as in cases in which no appeal lies and the reasons, in brief, for his findings.14. Manner of execution of final order under sub-section (5) of section 14C.
A Revenue Officer shall in executing a final order under sub-section (5) of section 14C follow, as far as possible, the procedure laid down in the Code of Civil Procedure, 1908, relating to execution of decrees.14A. Manner of inquiry under sub-section (1) of section 14E.
14B. [ Manner of determination of questions as to whether any land is or is not within an irrigated area under sub-section (1) of section 14N. The prescribed authority shall hold such enquiry as he may think necessary, record a memorandum of such enquiry and after giving the raiyat a reasonable opportunity of being heard, shall give his decision with reasons therefor.] [Substituted by Notification No. 3396-L-Ref., 2A-11/78, dated 18.9.1978.]
14BB. [ Manner of taking possession of vested land under section 14SS. (1) Possession of vested land shall be taken by entering into the land and by making a certificate to the effect that possession has been taken over under section 14SS. The certificate shall be prepared in triplicate. A signed copy of the certificate shall be sent to the Collector and another signed copy shall be handed over to the raiyat, if available at the time of taking over possession. The third signed copy shall be kept in the records relating to vesting of the land.
14C. Form and manner of submission of return under-sub-section (1) of section 14T.
(1) The return to be furnished by a raiyat owning land in excess of the ceiling area shall be in Form No. 7A.14D.
[ xxx ] [Omitted, ibid w.e.f. 10.7.2001.]14E. [ Manner in which the amount to be paid under section 14V shall be assessed. (1) When a land or rights and interests in a land have vested in the State under the Act, the Revenue Officer within whose jurisdiction the said land or rights and interests in the land or major portion thereof are situated, shall prepare an Assessment Roll in Form No. 14 in respect of the raiyat or intermediary, as the case may be, who held the said land or rights and interests in the land before the same have vested in the State for the purpose of payment of amount under section 14V of the Act:
Provided that the Assessment Roll for a vested land shall not be prepared till possession of the same has been taken over by the Revenue Officer.14F. [ Manner of payment of the amount under section 14V. (1) The Collector to whom an Assessment Roll or a supplementary Assessment Roll has been sent for payment, shall at once acknowledge receipt of the same, start a case with appropriate number and other particulars entered in the order sheet and shall enter the said particulars in a register of receipts of Assessment Rolls.
14FF. [ Procedure for implementation of sub-section (2) of section 14Z. All cases initiated under sub-section (2) of section 14Z, shall be forwarded by the District Land and Land Reforms Officer and Settlement Officer or Collector, as the case may be, to the Director of Land Records and Surveys, West Bengal. The Director of Land Records and Surveys, West Bengal shall examine each and every case including the land use map prepared for the purpose and Schedule of land appended with the case record, record his finding and forward such case record to the State Government for final consideration.] [Inserted by Notification No. 3071-L-Ref. dated 10.7.2001.]
14G. [ Manner of vesting of land of an owner in the State by the prescribed authority under sub-section (2) of section 17. (1) The prescribed authority shall, after holding such enquiry as he may think necessary, serve a notice on the owner of the land setting forth in brief the charges against him and calling upon him to appear before it either personally or through an authorised representative on a date to be specified in the notice for showing cause as to why his land, particulars of which shall be given in the notice, shall not vest in the State under sub-section (2) of section 17. On the date specified in the notice, or on a subsequent date to which the proceedings may be adjourned. the prescribed authority shall, after giving the owner or his authorised representative, if any, an opportunity of being heard, dispose of the case.
14GG. [ Terms and conditions and manner of holding of land by way of purchase or otherwise in excess of ceiling limit. (l) A person, as defined in the Explanation I to section 14Y, requiring land in excess of the ceiling limit prescribed under section 14M for the purpose of establishing a mill, factory or workshop, livestock breeding farm, poultry farm, dairy, industrial park or industrial hub or industrial estate, financial hub, warehousing, tea garden, Agro-industry, power plant or power transmission or distribution sub-station, film city, tourism project, educational and medical institutions, biotech park, food park, port, airport, shipyard including shipbuilding and ship breaking, oil and gas products piped transportation, information and communication technology (ICT) industries and information and communication technology (ICT) allied industries or mining and allied activities, shall apply to the State Government in the Land and Land Reforms Department for previous permission, in writing, to hold land by way of purchase or otherwise in excess of the ceiling limit, in Form No. 7C.
14H. [ Manner of enquiry to be held under sub-section (4) of section 21. (1) The officer or authority to whom a reference has been made under sub-section (3) of section 21, shall at once start a case with appropriate number and with other particulars entered in the order-sheet and shall enter the same in a register.
14I. [ Manner of entering names of bargadars in the record-of-rights under section 21D. (1) (a) During preparation or revision of record-of-rights under Chapter VIIA of the Act names of bargadars shall be recorded by a Revenue Officer in the following manner:
(i)A Revenue Officer, empowered under section 51 and having jurisdiction in a mauza, shall record the names of bargadars who cultivate lands in the said mauza, in the record-of-rights at different stages of preparation of revision of said record-of-rights described in Schedule A;(ii)A Revenue Officer who has been appointed with the additional designation of Settlement Officer may, at any time between any two stages of preparation or revision of record-of-rights of a mauza described in Schedule A, direct that a Revenue Officer subordinate to him shall record the names of bargadars who cultivate land in the said mauza after holding an on-the-spot enquiry in the said mauza. On receipt of the said direction the Revenue Officer shall issue a public notice and shall on the appointed day, after holding on-the-spot inquiry in the said mauza, record the names of bargadars:Provided that before recording names of the bargadars the Revenue Officer shall give an opportunity of hearing to all the interested parties including local representatives, if any, of peasants' organisation, if any, who may be present at the time of the inquiry and desire to be heard:Provided further that the public notice for holding the inquiry shall be published at a conspicuous place of the Officer of the Gram Panchayat within whose jurisdiction the mauza is situated at least one week before the date of holding the enquiry;(iii)any subsequent objection against recording of a bargadar under sub-clauses (i) and (ii) shall be considered at the next stage of preparation or revision of record-of-rights as described in Schedule A.(b)Where the record-of-rights have been finally published under the Act, or where preparation or revision of record-of-rights has not yet been taken up under the Act, names of bargadars shall be recorded in the following manner:-(i)A prescribed authority appointed under section 50 of the Act may, on application or on his own motion, record the name of bargadar in record-of-rights after holding an inquiry and after giving the interested parties an opportunity of being heard;(ii)where the prescribed authority appointed under section 50 is satisfied that in a mauza within his jurisdiction there is a number of unrecorded bargadars who cultivate lands in the said mauza, he may, after holding an on-the-spot enquiry with a prior public notice, record names of the bargadars of the said mauza in the record-of-rights and issue certificates in a form similar to Form No. 8B to the bargadars thus recorded. He shall also inform [the raiyats concerned] of such recording:Provided that the public notice for holding the on-the-spot inquiry shall be published at least one week before the date of the inquiry at a conspicuous place of the Officer of the Gram Panchayat within whose jurisdiction the mauza is situated:Provided further that before recording names of the bargadars, the Revenue Officer shall give an opportunity of hearing to the interested parties including local representatives, if any, of a peasants' organisation who may be present at the time of the inquiry and may desire to be heard. The inquiry shall be held in a summary way and a note of such enquiry and result thereof shall be kept to the case recorded by the prescribed authority.Explanation. The prescribed authority appointed under section 50 shall be deemed to have been satisfied that there is a number of unrecorded bargadars in a mauza if such satisfaction is based on information received by him or on his knowledge gained in course of his official duties or on identification by the Collector or by the Settlement Officer of mauzas with large concentration of unrecorded bargadars.(iii)Recording of bargadars under sub-clauses (i) and (ii) shall be subject to supervision by the Collector or by any other officer appointed by the Government for the purpose.15. [ Manner of determination of revenue under section 23. (1) In determining revenue payable by a raiyat in respect of lands in rural areas, the Revenue Officer shall ascertain whether the raiyat and his family is exempted from paying revenue under the provisions of section 24. The total quantum of land held by a raiyat and his family who is not exempted under section 24, shall be calculated and thereafter, the amount of revenue payable shall be determined on the basis of the total quantum of land held by a raiyat and his family.
| Name of raiyat and his address | Total number of family members | Quantum of land held by theraiyatand hisfamily | Mouzas in which the lands are held | Total amount of rent determined | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) |