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State of West Bengal - Section

Section 28 in West Bengal Land Reforms Rules, 1965.

28. [ Terms and conditions for the purpose of sub-section (1) of section 52.— (1) Land held by a person, a body of individuals, a society, an institution, a corporation, a company, a firm, a trust or a cooperative society shall, but for a special contract or agreement between the State Government and such person, body of individuals, society, institution, corporation, company, firm, trust or cooperative society, as the case may be, held as a raiyat under the State Government:

Provided that this provision shall not apply to a land belonging to the State Government or to the Government of India.
(2)Where a land is held under a lease granted by the State Government, the lessee shall, subject to the provisions of the Act and subject to such further terms and conditions as the State Government may prescribe in accordance with provisions of the Act, hold the land under the said lease on original terms and conditions of the said lease:Provided that where the area of a land held under a lease granted by the State Government has decreased due to operation of any of the provisions of the Act, there shall, without prejudice to any provision of the Act, or in any other law for the time being in force, be a reduction in the annual rent payable for the said land to the State Government which shall be proportional to the decrease in area of the land.
(3)Notwithstanding anything contained in sub-rules (1) and (2), the State Government may, from time to time, by notification in the Official Gazette, prescribe such other terms and conditions as it may think fit on which a raiyat shall hold land under the Act.] [Rule 28 was substituted by Notification No. 416-L-Ref., 13th June, 1988, published in Calcutta Gazette, dated 15.7.1988.]