Section 2 Definitions Of The West Bengal Land Reforms Act 1955 ~ LLBH

Section 2 Definitions Of The West Bengal Land Reforms Act 1955

Agricultural Year

Under sub-section (1) of section 2 of the West Bengal Land Reforms Act,1955, "Agricultural Year" means the Bengali year commencing on the first day of Baisakh.

Bargadar

Under sub-section (2) of section 2 of the West Bengal Land Reforms Act,1955, "bargadar" means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to that person; and includes a person who under the system generally known as kisani or by any other description cultivates the land of another person on condition of receiving a share of the produce of such land from that person;

but does not include a person who is related to the owner of the land as-

(a) wife, or

(b) husband, or

(d) grandchild, or

(e) parent, or (f) grand parent, or

(g) brother, or

(h) sister, or

(i) brother's son or brother's daughter, or

(j) sister's son or sister's daughter, or

(k) daughter's husband, or

(l) son's wife, or

(m) wife's brother or wife's sister, or [(ma) husband's brother, or

(n) brother's wife,, and

Explanation.—A bargadar shall continue to be a bargadar until cultivation by him is lawfully terminated under this Act;"

Here it is important to note that before recording a person as bargadar, the B.L. and L.R.O. must come to a just decision after considering all ingredients which are required to be proved to enable the petitioners to be recorded as bargadars.

Certificate

Under sub-section (3) of section 2 of the West Bengal Land Reforms Act,1955,"certificate" means a certificate signed under the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913);"

The expression 'certificate' used in the Act means a certificate signed under the Bengal Public Demands Recovery Act, 1913.Section 4 of the Act of 1913 provides that a certificate officer may sign a certificate in the prescribed form stating that the demand is due and shall cause the certificate to be filed in his office when he is satisfied that any public demand payable to the collector is due.

Collector

Under sub-section (4) of section 2 of the West Bengal Land Reforms Act,1955,"Collector" means the Collector of a district or any other officer appointed by the State Government to discharge any of the functions of a Collector under this Act;"

In general the term 'collector' is referred to someone whose job is to take something such as money, tickets, etc. from people. But for the purpose of W.B.L.R. Act, the term 'collector' includes two classes of officers- (1) Collector of a District and (2) Any other officer appointed by the State Government to discharge any of the functions of a collector under this Act.

Consolidation

Under sub-section (5) of section 2 of the West Bengal Land Reforms Act,1955,"consolidation" includes re-alignment of a plot of land or rearrangement of parcels of land comprised in different plots of land for the purpose of rendering such plots of land more compact;"

Co-sharer of a raiyat in a plot of land

Under sub-section (6) of section 2 of the West Bengal Land Reforms Act,1955,"co-sharer of a raiyat in a plot of land" means a person, other than the raiyat, who has an undemarcated interest in the plot of land along with the raiyat."

Encumbrance

Under sub-section (6A) of section 2 of the West Bengal Land Reforms Act,1955,"encumbrance" means any lien, easement or other right or interest created by a raiyat on his plot of land or in limitation of his own interest therein, but does not include the right of the bargadar to cultivate the land of the plot of land;"

Generally 'encumbrance' means a claim or liability that is attached to property or some other right and that may lessen its value such as a lien or mortgage ( black's law dictionary).

'Lien' in its primary or legal sense is a right to keep possession of property belonging to another person until the present and accrued claim is satisfied.

An 'easement' is a right to cross or otherwise use someone else's land for a specified purpose.

Land

Under sub-section (7) of section 2 of the West Bengal Land Reforms Act,1955,"land" means land of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of livestock breeding, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sariati interests and any other land together with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth;

Explanation.—"Homestead" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953 (West Bengal Act No. 1 of 1954);

All types of land regardless of its character now come under the purview of the definition of 'land'; i.e. agricultural as well as non-agricultural land.

'Homestead' means a dwelling house together with any courtyard, compound, garden, out house, library, walls, etc.

'Orchard' means a compact area of land having fruit bearing trees grown thereon.

The term 'tank fishery' has not been defined in the Act. It has been defined in the West Bengal Estates Acquisition Act by way of explanation in section 6(1)(e).It states : "Tank fishery means a reservoir or place for the storage of water, whether formed naturally or by excavation or by construction of embankment, which is being used for pisciculture or for fishing together with the sub-soil and the bank of such reservoir or place, except such portion of the banks as are included in a homestead or in a garden or orchard and includes any right of pisciculture or fishing in such reservoir or place".

Interest of the owner of any land in hat, bazar, ferry, toll, etc. are known as sariati interest which means the remaining interest in the land.

The right to catch fish from a pond is a right to the benefits arising out of the land. Thing attached to the earth means rooted in the earth (i.e. , trees, shrubs etc.) or embedded in the earth (i.e. buildings ,walls etc.) or attached to what is so embedded (e.g. ,door, windows ,etc.).

Personal Cultivation

Under sub-section (8) of section 2 of the West Bengal Land Reforms Act,1955, "Personal cultivation" means cultivation by a person of his own land on his own account—

(a) by his own labour, or

(b) by the labour of any member of his family, or

Provided that such person or member of his family resides for the greater part of the year in the locality where the land is situated and the principal source of his income is produce of such land.

Explanation.—The term "family" shall have the same meaning as in clause (c) of Section 14K.

It has been observed that the object of the proviso is both salutary and beneficial and that if a raiyat wants to cultivate his land he must give wholehearted attention to the land and must not carry on other avocations of life- Madhu Sudan Singh vs. Union of India, AIR 1984 SC 374.

Prescribed

Under sub-section (9) of section 2 of the West Bengal Land Reforms Act,1955, "prescribed" means prescribed by rules made by the State Government under this Act;

Prescribed Authority

Under sub-section (9A) of section 2 of the West Bengal Land Reforms Act,1955,"prescribed authority" means an authority appointed by the State Government by notification in the Official Gazette, for all or any of the purposes of this Act;

Raiyat

Under sub-section (10) of section 2 of the West Bengal Land Reforms Act,1955, "raiyat" means a person or an institution holding land for any purpose whatsoever.

'Person' has been defined in the General Clauses Act, 1897 in Section 3(42) as follows: "Person shall include any company or Association or body of individuals whether incorporated or not". This definition indicates that the term 'person' includes a natural person as well as artificial or juristic person.

Revenue Officer

Under sub-section (12) of section 2 of the West Bengal Land Reforms Act,1955, "Revenue Officer" means any officer whom the State Government may appoint by name or by virtue of his office to discharge any of the functions of a Revenue Officer in any area;

Scheduled Tribe

Under sub-section (13) of section 2 of the West Bengal Land Reforms Act,1955, "Scheduled Tribe" shall have the same meaning as in clause (25) of Article 366 of the Constitution of India.

The Constitution of India, Article 366 (25) defines Scheduled Tribes as “such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the scheduled Tribes (STs) for the purposes of this Constitution”.

Article 342 in The Constitution Of India 1949

342. Scheduled Tribes

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause ( 1 ) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Watch This video for Detail Explanation in Bengali.