14Z. [ Application of Chapter IIB.] [Section 14Z was inserted by West Bengal Land Reforms (Amendment) Act, 1981 (L of 1981), dated 24.3.1986, w.r.e.f. 7.8.1969.]For the removal of doubts it is hereby declared that
(1)notwithstanding anything contained in this Act 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 this Chapter shall apply to all lands of all classes and descriptions defined in clause (7) of section 2;[Provided that nothing of this section shall apply to the land possession of which has been allowed to be retained under clause (g) [or under clause (f) shall be deemed to have been inserted with effect from 7th day of August 1969] [Added by the West Bengal Land Reforms (Amendment) Act, 2005 (West Bengal Act 28 of 2005) (w.r.e.f. 7.8.1969).] of sub-section (1) read with sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954), notwithstanding anything contained in any law for the time being in force or in any agreement or in any decree, judgment, decision, award of any Court, Tribunal or Authority:Provided further that an intermediary, other than a lessee holding land directly under the State Government under a lease, who has been allowed to retain land under sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953, may be permitted, by written order of the State Government, [to transfer by way of open auction for the purposes referred to in the first proviso to section 14Y excluding tea garden] [Substituted by Act 6 of 2012 (w.e.f. 07.05.2012) for "to transfer by way of open auction."] at the price not less than the reserve price to be determined by the Collector, so much of such land as in the opinion of the State Government is required for the purpose of revival of the mills, factories or workshops including the payment of the outstanding liabilities of the employees of such mills, factories or workshops, in such manner as may be prescribed and the price realised from such auction shall be utilised under the supervision and control of such authority, and in such manner, as may be prescribed:Provided also that the portion of land permitted to be transferred by the State Government under the second proviso shall be deemed to have been retained by the intermediary under the provisions of clause (g) of sub-section (1) of section 6 of the West Bengal Estates Acquisition Act, 1953 and the provisions of sub-section (3) of section 6 of that Act shall stand amended to that extent for that particular case and the transferee shall be deemed to be a raiyat in respect of such portion of land.];[Provided also that notwithstanding anything contrary contained in the second proviso, a retainer or transferee as mentioned in sub-section (2) of section 4B, has failed or fails to use the retained land for mill, factory or workshop, may further be permitted, by written order of the State Government, to retain as lessee so much of such land as in the opinion of the State Government is required for any of the purposes referred to in the first proviso to section 14Y excluding tea garden, in such manner as may be prescribed.] [Inserted by West Bengal Act no. 19 of 2017, dated 17.4.2017.](2)in the case of land comprised in a tea garden, mill, factory or workshop or land used for the purpose of livestock breeding, [poultry farming or diary] [Substituted for the words "poultry farming or diary, or township in a Planning Area as may be permitted to be developed under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979," by Notification No. West Bengal Act XXIV of 2013 dated 28.1.2014 (w.e.f. 12.2.2014)] the raiyat, or where the land is held under a lease, the lessee, may be allowed to retain (in excess of the prescribed ceiling) only so much of such land as, in the opinion of the State Government, is required for the purpose of the tea garden, mill, factory, workshop, livestock breeding, poultry farming or dairy, as the case may be:Provided that the State Government may, if it thinks fit so to do, after reviewing the circumstances of a case and after giving the raiyat or the lessee, as the case may be, an opportunity of being heard, revise any order made by it under this clause specifying the land which the raiyat or the lessee shall be entitled to retain for tea garden, mill, factory, workshop, livestock breeding, [poultry farming or diary] [Substituted for the words "poultry farming or dairy, or township in a Planning Area as may be permitted to be developed under the West Bengal Town and Country (Planning and Development) Act, 1979," by Notification No. West Bengal Act XXIV of 2013 dated 28.1.2014 (w.e.f. 12.2.2014)] as the case may be:[Provided further that in determining the land required for the purpose of tea cultivation, there shall not be any diminution of the area of a tea garden.] [Inserted by West Bengal L.R. (Third Amendment) Act, 1986, published in the Calcutta Gazette, dated 12.5.1989, w.e.f. 12.5.1989.]Explanation.The expression "land under a lease" includes any land held directly under the State Government under a lease.] [[Substituted by Act 6 of 2012 (w.e.f. 07.05.2012) for the following:Provided that a person intending to establish a tea garden, mill, factory or workshop, livestock breeding farm, poultry farm, or dairy, or Township in a Planning Area as may be permitted to be developed under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979), may, with the previous permission, in writing, of the State Government and on such terms and conditions and in such manner as the State Government may by rules prescribe, acquire and hold land in excess of the ceiling area applicable to him under section 14M.]]
