Share of produce payable by a bargadar ~ LLBH

Share of produce payable by a bargadar

Section 16 of the West Bengal Land Reforms Act 1955 deals with the method for devision and delivery of the produce cultivated by the bargadar in between the bargadar and the owner.

Section 16(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.

Section 16(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.

Section 16(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.

Section 16(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.

Section 16(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.

Section 16(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.

Section 16(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.

When a bargadar makes an application under section 16(4) to deposit the share of the produce to the prescribed officer or authority and at the same time the owner of the land also files an objection against such deposit on the ground that the person so depositing is not his bargadar, then the officer or authority has to decide such dispute first and then to accept the deposit made by the person claiming to be the bargadar -- Rama Prasad Roy vs State of West Bengal 1978 Cal LJ 642.

Section 16A.bargadar entitled to recover his share in certain cases.—

If the produce of any land cultivated by a bargadar is harvested and taken away, or if such produce after it is harvested by the bargadar is taken away, forcibly or otherwise, by the owner of such land, the bargadar shall be entitled to recover from such owner the share of the produce due to him or its money value.

Before the insertion of section 16A and section 18(1)(aa) in 1969 it was not possible for the bargadar to file an application to the prescribed authority for recovery of produce from the owner. But in Srikanth Jotdar vs Phani Bhushan Baidya C.R. No. 821 of 1965, Justice P.N. Mukherjee of the Calcutta High Court held that the bargadar can file an application under section 18(1) of the act for division for delivery of the produce.

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