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State of West Bengal - Section

Section 16 in West Bengal Land Reforms Act, 1955

16. Share of produce payable by a bargadar.

—(1) The produce of any land cultivated by a bargadar shall be divided as between the bargadar and the person whose land he cultivates—(a)in the proportion of 50 : 50, in a case where plough, cattle, manure and seeds necessary for cultivation are supplied by the person owning the land,(b)in the proportion of 75 : 25, in all other cases.
(2)The bargadar shall tender, within the prescribed period, to the person whose land he cultivates, the share of the produce due to such person.
(3)Where any share of produce tendered under sub-section (2) is accepted by the person whose land is cultivated by the bargadar, each party shall give to the other a receipt, in such form as may be prescribed, for the quantity of the produce received by him.
(4)If the person whose land is cultivated by the bargadar refuses to accept the share of the produce tendered to him by the bargadar, or to give a receipt therefor, the bargadar may deposit, within the prescribed period, such share of the produce with such officer or authority as may be prescribed and such deposit shall discharge the bargadar from his obligation to deliver the share of the produce to the person whose land he cultivates:Provided that where the quantity of the produce deposited by the bargadar is lesser than the quantity of the produce due to the person whose land he cultivates, the obligation of the bargadar with regard to the delivery of the deficiency in relation to the produce shall continue.
(5)Where a deposit referred to in sub-section (4) has been made, the prescribed officer or authority shall—
(a)give to the bargadar a receipt in such form as may be prescribed stating therein the quantity of the produce deposited by the bargadar and the particulars of the person for whom the produce has been deposited; and
(b)give intimation of such deposit, in such form and in such manner as may be prescribed, to the person for whom the produce has been deposited.
(6)Where any produce is deposited under sub-section (4) and the person for whom the produce has been deposited does not take delivery of such produce within fifteen days from the date of service on him of the intimation of such deposit, the officer or authority referred to in sub-section (4) may sell such produce and deposit the proceeds of such sale, after deducting therefrom the cost of conducting the sale, in the treasury, in revenue deposit, to the credit of the person for whom the produce has been deposited and give intimation of such deposit to such person, in such form and in such manner as may be prescribed.
(7)The bargadar shall store or thresh the produce—
(a)at such place as may be agreed upon between him and the person whose land he cultivates, or
(b)where there is disagreement between them, at such place as may be fixed by him after giving notice, in writing, served in the prescribed manner to the person whose land he cultivates: Provided that the person whose land is cultivated by the bargadar may at any time during the storage or threshing of the produce, enter the place where the produce has been stored or is being threshed for the purpose of inspecting the storage or threshing, as the case may be, of the produce.