Principles of distribution of lands ~ LLBH

Principles of distribution of lands

Section 49 of the West Bengal Land Reforms Act 1955 lays down the principles of settlement of lands which have vested to the State under the W.B.L.R. Act (possession is taken by the Revenue Officer under Section 14SS) and the West Bengal Estates Acquisition Act (possession is taken by the collector under Section 10).

Section 49(1)

Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force settlement of any land which is at the disposal of the State Government, shall be made without any premium being charged for it, in such manner as may be prescribed, with person who are residents of the locality where the land is situated, and who together with other members of their family, own no land or less than 0.4047 hectares of land used for the purpose of agriculture ,one half of the lands cultivated by them as bargadars being taken into account for the purpose of calculating the aggregate of such land, and subject to the following conditions, namely,

(a) that, in the case of agricultural land, such person intends to bring the land under personal cultivation,

(b) that, in the case of homestead land, such person having no homestead of his own, intends to construct a dwelling house thereon, and

Provided that among the persons eligible for such settlement, preference shall be given to persons belonging to Scheduled Caste or Scheduled Tribe or who form themselves into a Co-operative Society for the purpose:

Provided further that no settlement of land shall be made with any person or with a member of the family of such person, who is engaged or employed in any business, trade, undertaking, manufacture, calling, service, or industrial occupation:

Provided also that nothing in this sub-section shall apply to any case when freehold title-deed for land is given to a bona fide refugee in accordance with such norms as may be prescribed by the appropriate Department of the State Government.

Explanation.—The second proviso to sub-section (1) shall not apply to an agricultural labourer, artisan, or fisherman.

From the above Sub-section it is clear that Certain conditions, which must be followed at the time of such settlement, are as follows:

The settlement has to be made with persons who are residents of the locality where the land is situated.
Search person must have no land of their own or own lands less than 0.4047 hectare, together with other members of the family.
If such person is a bargadar then for the calculation of 0.4047 hectare of land ,one half of the lands cultivated by him as brother has to be taken into account for the purpose of calculating the aggregate of such land.
Such settlement shall be made without any premium being charged for it.
Search person must have the intention to bring the land under personal cultivation if the land is agricultural land.
Such person must have the intention to construct a dwelling house if the land is homestead land.
Among the eligible persons for such settlement preference shall be given to the persons belonging to scheduled caste or Scheduled tribe or cooperative society.
Such settlement shall not be made with any person or with a member of the family of such person who is engaged or employed in any business, trade ,undertaking ,manufacture, calling service or industrial occupation .However this rule is not applicable if the person is an agricultural labour, artisan or fishermen.
Provisions of section 49(1) should not be applicable when the state government settles the land with a Bona fide Refugee.
Such settlement shall be made according to prescribed manner. Section 20A of the West Bengal Land Reforms Rules 1965 deals with the terms and manner of such settlement.

Section 49(1A)

No person with whom any land is or has been settled under sub-section (1) shall be entitled to transfer such land except by way of a simple mortgage or a mortgage by deposit of title deed in favour of a Scheduled Bank, or a Co-operative Society or a Corporation owned or controlled by the Central or State Government or both, and for the purpose of obtaining loan for the development of land or for the improvement of agricultural production or for the construction of a dwelling house.

Subsection 1A has been inserted by the West Bengal Land Reforms Amendment Act 1975 and has not been given any retrospective operation. Prior to the insertion of subsection 1A there was no such restriction on transfer of the land settled with a raiyat under section 49(1). Therefore settlements of Land by PATTA prior to coming into force of subsection (1A) will not be affected.

Section 49(2)

If a Revenue Officer, on his own motion or on application made to him in that behalf, after hearing the person with whom the land was settled and in the case of any subsequent transfer, the transferee as also the person who is, for the time being in actual occupation of such land and after making such enquiry as may be prescribed, is satisfied that settlement of such land was made by mistake or obtained under any provision of this section by practice of fraud, misrepresentation, coercion or otherwise or that a transfer of any land has been made in contravention of the provisions of sub-section (1A), he may, by order in writing, annul the settlement or both the settlement and the transfer, as may be deemed necessary.

Section 49(3)

When a Revenue Officer makes an order under sub-section (2) annulling settlement or both the settlement and the transfer of any land, as the case may be, the Revenue Officer shall enforce delivery of possession of such land to the Collector by using such force as may be required after evicting the person in actual occupation of such land.

Section 49(3A)

For the purpose of enforcing delivery of possession of any land and evicting any person in actual occupation of such land under sub-section (3), any such Revenue Officer may send a written requisition in such form and in such manner as may be prescribed to the officer-in-charge of the local police station or to any police officer superior in rank to such officer-in-charge and on receipt of such written requisition, the police officer concerned shall render all necessary and lawful assistance for enforcing delivery of possession of such land.

Section 49(4)

Any person aggrieved by an order made under sub-section (2) may, within thirty days from the date of such order, prefer an appeal to such authority as the State Government may, by notification in the Official Gazette specify and the order passed by such authority in appeal shall be final.

Section 49(4A)

Notwithstanding anything contained in the foregoing provisions of this section, the State Government, or an officer authorised in this behalf by the State Government, may transfer to, or settle with, a local body or an authority constituted or established by or under any law for the time being in force land which is at the disposal of the State Government, for such purpose and on such terms and conditions as may be decided by the State Government.

Section 49(5)

Notwithstanding anything contained elsewhere in this Act, where the State Government is satisfied that it is necessary so to do for a public purpose or for establishment, maintenance or preservation of any educational or research institution or industry, settlement for any period of any land may be made with any person or institution on such terms and conditions including periodical payments, with or without any premium being charged therefor, in such manner as may be prescribed.

Explanation l.—For the purpose of this sub-section 'person' includes an individual, a firm, a company, or an association or body of individuals, whether incorporated or not.

Explanation II.—For the purposes of this sub-section "industry" includes a tea-garden, mill 4 factory or workshop, livestock breeding, poultry farming, or dairy, or township in an area declared to be a planning area under the West Bengal Town and Country (Planning and Development) Act, 1979.

One point must be stated that the person whose settlement is proposed to be cancelled under section 49 subsection 2 ought to be given a reasonable opportunity of hearing and unless the person proceeded against under section 49 subsection 2 is informed of the grounds of the annulment of the settlement, he cannot effectively contest the preceding.

Vesting of considerable amount of land without due process of law is illegal and liable to be set aside. Therefore when the appellate authority was invited to take note of the fact of retirement of partners of the partnership firm resulting in dissolution of the farm, no proceedings in the name of the farm could continue - Abhijit Kundu vs State of West Bengal.

Section 49A. Penalty for unauthorised occupation of vested lands.—Any person who—

(a) being in unauthorised occupation of any land which is at the disposal of the State Government fails to vacate such land after a notice has been served on him to do so, or

(b) obstructs any person with whom any land has been settled under sub-section (1) of section 49 from taking possession of such land, shall be punishable with imprisonment which may extend to one year or with fine which may extend to two thousand rupees or with both.

Watch This video for Detail Explanation in Bengali.👇