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State of West Bengal - Section

Section 14GG in West Bengal Land Reforms Rules, 1965.

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.

(2)A person, as so defined, requiring land in excess of the ceiling limit prescribed under section 14M, shall, for the purpose of future expansion of any such mill, factory or workshop, livestock breeding farm, poultry farm or dairy, industrial park or industrial hub or industrial estate, financial hub, warehousing, agro-industry, power plant or power transmission or distribution sub-station, film city, tourism project, biotech park, food park, port, airport, shipyard including shipbuilding and ship breaking, information and communications technology (ICT) industries and information and communication technology (ICT) allied industries, 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. 7CC.
(3)The application shall contain a detailed project report which has been examined, vetted and approved by the appropriate Department of the State Government concerning the project, as well as all such particulars and documents as mentioned in Form No. 7C or Form No. 7CC, as the case may be.
(4)The State Government in the Land and Land Reforms Department may call for, from the applicant concerned, any other information and document that may be required for the purpose of considering the application.
(5)The State Government in the Land and Land Reforms Department having regard to all the circumstances of a ease and on the basis of the recommendations of the appropriate Department of the State Government concerning the project may grant necessary permission in respect of so much of land as is recommended by the appropriate Department of the State Government.
(6)A person, having been so permitted by the State Government in the Land and Land Reforms Department, may hold land by way of purchase or otherwise in excess of the ceiling limit prescribed under section 14M strictly for the purpose for which such permission has been granted on the following terms and conditions and such other terms and conditions as the State Government may consider it necessary to impose and include in a case:
(a)that the land . shall not be acquired illegally and forcibly in any circumstances whatsoever;
(b)that the fair and reasonable price for the land shall be paid to the land owners;
(c)that no coercive method shall be used in obtaining possession of the land;
(d)that the land so permitted to be acquired shall be utilized within three years of the date of such permission granted for the purpose for which such permission has been sought for;
(e)that the land so permitted to be acquired shall not be left unused, either wholly or partly, at any point of time after granting such permission for any reason whatsoever;
(f)that where the object of the project is to use the land for a purpose for which approval or permission or licence from an appropriate authority is necessary, such approval or permission or licence shall be obtained from such authority as soon as the order granting such permission as sought for is made;
(g)that where permission has been sought for to establish an industrial park or industrial hub or industrial estate or financial hub or a biotech park or a food park, the land so permitted to be acquired shall be utilised for such purposes within three years of the date of such permission and shall be leased out the whole or any part of it only with the previous permission of the appropriate Department of the State Government concerning the project under intimation to the Land and Land Reforms Department to such a person who will set up a unit there within the aforesaid period of three years as per objects of the respective project as approved.]
[Rule 14GG Substituted by Notification No. 3890-LP/1A-8/2012, dated 18.7.2012, w.e.f. 18.7.2012. ]