Section 20A in West Bengal Land Reforms Rules, 1965.
20A. Terms and manner of settlement of lands at the disposal of the State Government under section 49.
(1) Settlement of lands which are at the disposal of the State Government may be made by the Collector of the district or the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] or the Sub-divisional Officer of the sub-division of the district in which the lands are situated.(2)Such settlement shall be made on a permanent basis, and the person with whom the land is settled shall have subject to the restrictions imposed on transfer of such land by sub-section (1A) of section 49 all the rights and obligations of a raiyat, as prescribed in the Act and the rules framed thereunder.(3)[ The area of land to be settled with a person shall be subject to the maximum of such area as together with the land already held by him as a raiyat and half the area cultivated by him as a bargadar does not exceed 0.4048 hectare:Provided that the area of land settled for the purpose of homestead with a person having no homestead of his own shall not exceed five cottahs or 0.0335 hectare.] [Subrule (3) was substituted by Notification No. 416-L-Ref., 13th June, 1988, published in Calcutta Gazette, dated 15.7.1988.](3a)For the purpose of such settlement the Collector or the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] or the Sub-divisional Officer may consider the recommendations of the Bon-o-Bhumi-Sanskar Sthayee Samities as have already been set up or as may hereinafter.be set up at the block level under orders of the Board of Revenue:Provided that, for reasons to be recorded in writing, the Collector or the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] or the Sub-divisional Officer may dispense with or disregard such recommendation or refer any case back to the committee for reconsideration.(3b)[ (i) The Collector or the [District Land and Land Reforms Officer] [Sub-rule (3b) was inserted by Notification No. 2146-L-Ref., dated 1.6.1979.] or the Sub-divisional Officer, within whose jurisdiction the land is situated, shall deliver possession of the land to the person with whom it has been settled, and if necessary after evicting the person in actual occupation of such land in the manner laid down in sub-section (3) of section 49:Provided that the person aggrieved by such eviction may within thirty days from the date of eviction, make an application for restoration of possession before the Collector or the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] or the Sub-divisional Officer, under whose order he was evicted, on the ground that he was entitled to maintain his possession as against the person with whom possession had been delivered.(ii)The Collector or [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] or the Sub-divisional Officer, as the case may be, shall within fifteen days from the date of such application, hear both the parties after affording them opportunity to adduce evidence, in support of their respective claims and upon consideration of the evidence that may be adduced, shall record his findings on the dispute. If he finds that the person evicted had the right to possession of the land against the person with whom the land had been settled, he shall forthwith direct restoration of possession of the land to the applicant. In case he finds otherwise, he shall forthwith dismiss the application.(iii)Such order of the Collector or [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.] or the Sub-divisional Officer, as the case may be, shall be final.](4)The deed of settlement shall be as far as possible in Form No. 8A or its equivalent in the Bengali or the Nepali language and shall be executed by the Collector, the [District Land and Land Reforms Officer] [Substituted by Notification No. 3071-L-Ref., dated 10.7.2001, w.e.f. 10.7.2001.], Sub-divisional Magistrate, the Sub-divisional Officer or the [Sub-divisional Land and Land Reforms Officer.] [Substituted by Notification No. 3071-L-Ref, dated 10.7.2001.](5)[ Provisions of sub-rules (1) to (4) shall apply only to such lands as are used for agricultural purposes and homestead.] [Inserted by Notification No. 416-L-Ref., dated 13th June, 1988, published in Calcutta Gazette, dated 15.'7.1988.](6)[ Notwithstanding anything contained elsewhere in this rule the Collector or the Additional Collector of a district may, with prior approval of the Board of Revenue, West Bengal, settle a land of any classification or description which is at the disposal of the State Government, with a person, a group of persons, an institution, a corporation, a firm, a company, a society, a trust, a cooperative society, a local body including a Gram Panchayat, Panchayat Samity and Zilla Parishad, an authority established by or under a law, or any other organisation for such purpose and on such terms and conditions, as may, by a general or special order, be specified by the said Board of Revenue.] [Inserted by Notification No. 416-L-Ref., dated 13th June, 1988, published in Calcutta Gazette, dated 15.'7.1988.]
