Ceiling on Land held by a Raiyat ( Chapter 2B of the West Bengal Land Reforms Act, 1955 ) ~ LLBH

Ceiling on Land held by a Raiyat ( Chapter 2B of the West Bengal Land Reforms Act, 1955 )

Chapter 2B consisting of sections 14J to 14Y inserted by sec. 13 of the West Bengal Land Reforms (Amendment) Act, 1972 (West Ben. Act XII of 1972) (w.r.e.f. 15.2.1971).

Objectives of this Chapter -

To break up the concentration of ownership or accumulation of agricultural lands in the possession of few persons, and
To control the material resources of the community to do social and agrarian reform by way of equitable distribution of lands as far as practicable to all persons of the society.

Ceiling on Land held by a Raiyat ( Chapter 2B of the West Bengal Land Reforms Act, 1955 )

14J. Provisions of Chapter II-B to have overriding effect.—The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force or in any custom, usage or contract (express or implied) or in any agreement, decree, order, decision or award of any court, tribunal or other authority:

Provided that nothing in this Chapter shall apply to any vacant land in an urban agglomeration as defined in the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976).

Section 14J empowers to the provisions of chapter 2B an overriding effect that means in case of conflict between the provisions of chapter 2B and other chapters of this Act or in any other law for the time being in force or in any custom, usage or contract (express or implied) or in any agreement, decree, order, decision or award of any court, tribunal or other authority the provisions of this Chapter 2B shall prevail. But this Chapter shall not apply to any vacant land in an urban agglomeration as defined in the Urban Land (Ceiling and Regulation) Act, 1976.

14K. Definitions.—In this Chapter,—

(a) "ceiling area" means the extent of land which a raiyat shall be entitled to own;

Section 14K(a) defines the term "ceiling area" which means the maximum limit or extent of land which a raiyat is entitled to own. The limit of ceiling area differs on the basis of the members of the family and generally, it varies from 2.50 standard hectares to 7.00 standard hectares.

(b) "charitable purpose" includes relief of the poor, medical relief or the advancement of education or of any other object of general public utility;

(i) himself and his wife, minor sons, unmarried daughters, if any,

(ii) his unmarried adult son, if any, who does not hold any land as a raiyat,

(iii) his married adult son, if any, where neither such adult son nor the wife nor any minor son or unmarried daughter of such adult son holds any land as a raiyat,

(iv) widow of his predeceased son, if any, where neither such widow nor any minor son or unmarried daughter of such widow holds any land as a raiyat,

(v) minor son or unmarried daughter, if any, of his predeceased son, where the widow of such predeceased son is dead and any minor son or unmarried daughter of such predeceased son does not hold any land as a raiyat, but shall not include any other person.

Explanation I.—For the purposes of this Chapter, an adult unmarried person shall include a man or woman who has been divorced and who has not remarried thereafter.

Provided that where such divorced man or woman is the guardian of any minor son, or unmarried daughter, or both, he or she, together with such minor son or unmarried daughter, or both, shall be deemed to be a separate family.

Explanation II.—References in this clause to wife, son or daughter shall, in relation to a raiyat who is a woman, be construed as references to the husband, son or daughter, respectively, of such woman;

The expression “family” has been defined for the purpose of imposition of ceiling on agricultural land.

In a case, Panchanan Singh vs. Revenue Officer 86 CWN 854.- it was held that an adult unmarried daughter of a raiyat owning lands in her own name is deemed to be a member of the family of a raiyat and the lands held by her is liable to be taken into account in determining the ceiling area of the family.

In another case, Sasanka Sekhar Maity vs. Union of India AIR 1981 SC 522.- it was held that Unmarried sister has not been included in the definition of “family” as the definition does not take into consideration the aged parents of a raiyat and his unmarried sisters.

If a raiyat having more than one wife, then both the wives or all the wives of him shall be regarded as one unit.- Phoolchand vs. State 1978 (4) All LJ 198.

(d) "irrigated area" means an area specified as such by the State Government, by notification in the Official Gazette, being an area which is, or is in the opinion of the State Government capable of being irrigated, at any time during the agricultural year commencing on the 1st day of Baisakh, 1377 B.S., or thereafter, from any State canal irrigation project or [State power-driven deep tube-well or shallow tube-well or any other State irrigation project] or State river lift irrigation project;

1st day of Baisakh, 1377 B.S. means 15th April 1970 (converted from this website: https://bengalicalendar.com/index.php#date-conversion ).

irrigated area

(e) "orchard" means a compact area of land having fruit-bearing trees grown thereon in such number that they preclude; or when fully grown would preclude, a substantial part of such land from being used for any other purpose;

orchard

In a case, Fakir Md. V. State of West Bengal (1978) 2 SCC 36.- it was held that to become a tree, a plant must have two characteristics – (1) it must be “perennial” and not seasonal; and (2) its main stem must be “woody” and not herbaceous or pulpy. A banana plant lacks both these characteristics. So a banana plant cannot be regarded as a fruit tree. Therefore banana plantations are not an orchard.

(ee) "project report" means a project report relating to such purpose as mentioned in the first proviso to section 14Y, which has been examined, vetted and approved by the appropriate Department of the State Government;

(f) "standard hectare" means,—

(i) in relation to an agricultural land, an extent of land equivalent to—

(a) 1.00 hectare in an irrigated area,

(b) 1.40 hectares in any other area,

(ii) in relation to any land comprised in an orchard, an extent of land equivalent to 1.40 hectares,

(iii) in relation to any other land, an extent of land equivalent to 1.40 hectares.

“Standard Hectare” means the ceiling area adopts standard hectare as a unit. As one hectare is equivalent to 2.471 acres of land, so in irrigated areas, the unit is 2.471 acres and for non-irrigated areas, the unit comes to 3.459 acres. For any other land or the land comprised in an orchard, the unit is also 3.459 acres.

Watch This video for Detail Explanation in Bengali.👇