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RESEARCH METHODOLOGY Method of Research
The researcher has adopted a purely doctrinal method of research. The researcher has made extensive use of the library at the INDIAN INSTITUTE O !E"A! STUDIES and also the internet sources.
Aims and Objectives: The aim of the project is to present a detailed study of the “ CEILING
ON LAND HELD BY A RAIYAT” as per Land Law of West Bengal Sorces of Data:
The follo#in$ secondary sources of data have been used in the pro%ect& '. (oo)s • • •
(abu Sar)ar* !and !a#s of +est (en$al*,nd Edition -ear ,'/ Diba)ar 0u)hopadhyay* !and !a#s of +est (en$al&An Overvie# T1E +EST (EN"A! !AND 2EO20S A3T* '455
,. +ebsites • •
https677en.#i)ipedia.or$7 https677advocatechenoyceil.com
Method of !ritin":
The method of #ritin$ follo#ed in the course of this research paper is primarily analytical.
Mode of Citation:
The researcher has follo#ed a uniform mode of citation throu$hout the course of this research paper.
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3ONTENTS
%AGE
SL #O$
TO%&CS
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&#TROD(CT&O#
,
#O$
SE3TION6'/S
)
8estin$ of land in excess of ceilin$ area
*
+
SE3TION6'/SS 9o#er to enter upon and ta)e possession of vested land.
*
)
SE3TION6'/T
Duty of 2aiyat to furnish return.
*
*
SE3TION6'/U
2estriction on transfer of land by a 2aiyat.
,
,
SE3TION6'/8
9ayment of amount.
-
-
SE3TION6'/:
(ar of %urisdiction of 3ivil 3ourts.
-
.
SE3TION6'/-
!imitation on future Ac;uisition of land by a 2aiyat.
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/
SE3TION6'/<
Application of 3hapter II(.
.
'0
Case Std1
/
Khaitan India Ltd. And Ors. vs State Of West Bengal And Ors
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CO#CL(S&O#
'0
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3&3L&OGRA%HY
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&#TROD(CT&O# A Raiyat was defined as someone who has acquired a right to hold land for the purpose of cultivating it, whether alone or by members of his family, hired servants, or partners. It also referred to succession rights. In West Bengal Land Reforms Act, !"", #$ollector%, in case of a district, is the person appointed by the &tate 'ovt. who is in charge of the revenue administration. (his includes A)* +LR - )L - LR in the district. $hapter/II defines rights of the raiyat and runs from &ec. 0 to 1. 2e has no sub/soil right but only surface right. $hapter./IIA defines the restrictions on alienation of land of scheduled castes and scheduled tribes. (his part is spread over from &ec. 0 to 03. $hapter. IIB states on ceiling provisions of the land held by a Raiyat. (his portion is spread over from &ec. 03 to 04. of which we will study &ec. 0& /04 . A special drive was launched by the Administrative machinery in !56/5! to recover clandestinely retained land and it was achieved considerably. It was found that land was retained by big raiyats in the names of relatives, deities, friends and non/e7istant persons, even in the names of unborn babies and domestic animals. A big Raiyat could however, lawfully hold a good quantum of land in his family. (his trend led to the concentration of land in the hands of a few unabated. All these causes gave place to the significant amendment of !6 of the West Bengal Land Reforms Act, !"".
(a) "ceiling area" means the extent of land which a Raiyat shall be entitled to own (b) "charitable purpose" includes relief of the poor, medical relief or the advancement of education or of any other object of general public utility; (‘)"family", in relation to a raiyat, shall be deemed to consist of (i) himself and his wife, minor sons, unmarried daughters, if any, (ii) his unmarried adult son, if any, who does not hold any land as a raiyat, (iii) his married adult son, if any, where neither such adult son nor the wife nor any minor son or unmarried daughter of such adult son holds any land as a raiyat, (iv) widow of his predeceased son, if any, where neither such widow nor any minor son or unmarried daughter of such widow holds any land as a raiyat, (v) minor son or unmarried daughter, if any, of his predeceased son, where the widow of such predeceased son is dead and any minor son or unmarried daughter of such predeceased son does not hold any land as a raiyat, but shall not include any other person 4
SECT&O#: ')S
4estin" of 5and in e6cess of cei5in" area
On the commencement of the provisions of this 3hapter or on any subse;uent date any land o#ned by a raiyat in excess of the ceilin$ areaapplicable to him shall vest in the State free from all incumbrances +here any land vested in the State under sub§ion 4'= is bein$ cultivated by a bargadar * the ri$ht of cultivation of such bargadar in relation to any such vested land #hich* includin$ any other land o#ned or cultivated by him is in excess of >.//?@ hectare of land used for a$riculture@* shall* on the commencement of the provisions of this 3hapter >or on any subse;uent date@* stand terminated. . Every bargadar shall* in relation to the land #hich he is authorised by sub§ion ,= to retain under his cultivation* become* on and from the date of commencement of the provisions of this 3hapter >or on any subse;uent date@* a raiyat.
SECT&O# : ')SS vested 5and$
%o7er to enter 8on and ta9e 8ossession of
'= Upon vestin$ of any land in the State under any of the provisions of this Act* the 2evenue Office or the prescribed authority or any other officer or authority #ho ma)es the order of vestin$ shall enter upon and ta)e possession of such vested land by usin$ such force as may be necessary for this purpose. ,= Any 2evenue officer* prescribed authority or any other officer or authority empo#ered in this behalf* may enter upon and ta)e possession of any other vested land by usin$ such force as may be necessary for this purpose. B= or the purpose of enterin$ upon such land and ta)in$ possession thereof* any such officer or authority may send a #ritten re;uisition in such form and in such manner as may be prescribed to the officer&in& char$e of the local police station or to any police officer superior in ran) to such officer&in&char$e* and on receipt of such #ritten re;uisition* the police officer concerned shall render all necessary and la#ful assistance for ta)in$ possession of such land.
SECT&O# : ')T
Dt1 of Rai1at to frnish retrn$ 5
Every raiyat o#nin$ land in excess of the ceilin$ area shall furnish to the 2evenue Officer* in such form and #ithin such time as may be prescribed* a return containin$ the full description of the land #hich he proposes to retain #ithin the ceilin$ area applicable to him under section '/0 and a full description of the land #hich is in excess of the ceilin$ area and such other particulars as may be prescribed. ,= +here there are more raiyats than one in a family* the return referred to in sub§ion '= shall be furnished by the head of the family or any other raiyat in accordance #ith the provisions of that sub§ion. B= The 2evenue Officer may* on receipt of a return submitted under subsection ',= or sub§ion ,=* or on his o#n motion* determine the extent of land #hich is to vest in the State under section '/S and ta)e possession of such lands6 '9rovided that #here a raiyat has exercised his choice of retention of land #ithin the ceilin$ area in such a #ay that portions of more than one plot are to vest in the State* the 2evenue Officer may disre$ard the choice exercised by the raiyat and may* after $ivin$ the raiyat an opportunity of bein$ heard* determine the plot or* #here necessary* plots of land proposed to be retained by the raiyat from #hich an area e;ual to the area of the portions of the plots sho#n in the return to be in excess of the ceilin$ area* is to vest in the State and ta)e possession of such land6 9rovided further that in the case of mort$a$e by a raiyat by deposit of title deeds under clause c= of sub§ion '= of section ?* such raiyat shall first retain the land comprised in his holdin$ and mort$a$ed by him #ithin the ceilin$ area and #here the total are of any land comprised in his holdin$ and mort$a$e by him exceeds the ceilin$ area* such portion of the land so mort$a$ed as is in excess of the ceilin$ area* to$ether #ith any other land o#ned by him but not so mort$a$ed* shall vest in the State free from all incumbrances.
SECT&O# : ')(
Restriction on transfer of 5and b1 a Rai1at$
Except #here he is permitted* in #ritin$* by the 2evenue Officer so to do a raiyat o#nin$ land in excess of the ceilin$ are applicable to him under section '/0* shall not * after the publication* in the Official "aCette* of the >+est (en$al !and 2eforms Amendment= Act* '4?'@* transfer* by sale* $ift or other#ise or ma)e any partition of any land o#ned by him or any part thereof until the excess land* #hich is to vest in the State under Section '/S* has been determined and ta)en possession of by or on behalf of the State 6 9rovided that nothin$ in this sub§ion shall apply to any land to #hich the provisions of section BA apply6 9rovided further that if a raiyat has transferred any land #hich he retained in pursuance of any order of the 2evenue Officer under sub§ion B= or sub§ion BA= of section '/T* 6
such land shall be ta)en into account in determinin$* on any subse;uent occasion* the ceilin$ area of the said raiyat in pursuance of the provisions of this Act* as if such land had not been transferred. ,= Except #here he is permitted* in #ritin$* by the 2evenue Officer so to do* a raiyat o#nin$ land to #hich the provisions of section BA apply* #hether or not such land to$ether #ith other land* if any* is in excess of the ceilin$ area under section '/0* shall not on and from the date of comin$ into force of section Ba of the Act* transfer by sale* $ift or other#ise* or ma)e any partition of* any such land or any part thereof until the excess land* if any* #hich is to vest in the State under section '/S has been determined or re& determined and ta)en possession of by or on behalf of the State. B= If a raiyat ma)es any transfer* #hether by sale* $ift or other#ise* of any land in contravention of the provisions of sub§ion '= or sub§ion ,=* the State "overnment may* in the first instance* ta)e possession of land* e;ual in area to the land #hich is to vest in the State* from out of the land o#ned by such raiyat* and #here such recovery from the raiyat is not possible from the transferee 6
SECT&O# : ')4
%a1ment of amont$
The State "overnment shall pay* in the prescribed manner* for the vestin$ of any land in the State under the provisions of this Act* after possession of such land is ta)en under sub§ion B= of section '/T* to the person or persons havin$ any interest therein an amount e;ual to fifteen times the land revenue or its e;uivalent assessed for such land or #here such land revenue or its e;uivalent has not been assessed or is not re;uired to be assessed* an amount calculated at the rate of 2s. 'B5 for an area of .//? hectare
SECT&O# : ')
3ar of jrisdiction of Civi5 Corts$
No 3ivil 3ourt shall have %urisdiction to decide or deal #ith any ;uestion or to determine any matter #hich is by or under this 3hapter re;uired to be decided or dealt #ith or to be determined by the 2evenue Officer or other authority specified There in and no orders passed or proceedin$s commenced under the provisions of this 3hapter shall be called in ;uestion in any 3ivil 3ourt.
SECT&O# : ')Y Rai1at$
Limitation on ftre Ac;isition of 5and b1 a
7
If at any time* after the commencement of the provisions of this 3hapter* the total area of land o#ned by a raiyat exceeds the ceilin$ area applicable to him under section '/0* on account of transfer* inheritance or other#ise* the area of land #hich is in excess of the ceilin$ area shall vest in the State and all the provisions of this 3hapter relatin$ to ceilin$ area shall apply to such land 9rovided that a person intendin$ to establish a tea $arden* mill* factory or #or)shop* livestoc) breedin$ farm* poultry farm* or dairy* or to#nship in accordance #ith the provisions of the +est (en$al To#n and 3ountry 9lannin$ and Development= Act* '4?4* may* #ith the previous permission* in #ritin$* of the State "overnment and on such terms and conditions and in such manner as the State "overnment may by rules prescribe* ac;uire and hold land in excess of the ceilin$ area applicable to him under section '/0 9rovided further that if such person* havin$ been permitted by the State "overnment* does not utilise #ithin t#o years of the date of such permission such land for the purpose for #hich he has been so permitted by the Sta$e "overnment to ac;uire and hold it* then* all the provisions of this 3hapter relatin$ to ceilin$ area shall apply to the area of land #hich is held in excess of the ceilin$ area applicable to him under section '/0
SECT&O# : ')<
A885ication of Cha8ter &&3$
For the removal of doubts it is hereby declared that '= not#ithstandin$ anythin$ contained in this Act or in any other la# forthe time bein$ in force or in any a$reement* custom or usa$e or in any decree* %ud$ement* decision or a#ard of any court* tribunal or authority* the provisions of this 3hapter shall apply to all lands of all classes and descriptions defined in clause ?= of section , ,= in the case of land comprised in a tea $arden* mill* factory or #or)shop or land used for the purpose of livestoc) breedin$* poultry farmin$ or dairy* the raiyat* or #here the land is held under a lease* the lessee* may be allo#ed to retain in excess of the prescribed ceilin$= only so much of such land as* in the opinion of the State "overnment* is re;uired for the purpose of the tea $arden* mill* factory* #or)shop* livestoc) breedin$* poultry farmin$ or dairy* as the case may be 6 9rovided that the State "overnment may* if it thin)s fit so to do* after r evie#in$ the circumstances of a case and after $ivin$ the raiyat or the lessee* as the case may 8
be* an opportunity of bein$ heard* revise any order made by it under this clause specifyin$ the land #hich the raiyat or the lessee shall be entitled to retain for tea $arden
Case Std1 Khaitan India Ltd. And Ors. vs State Of West Bengal And Ors Facts !etitioner o# $ is owner of sugar mill situated at Ramnagar in the district of adia having a land measuring %&'#* acres distributed in adia and +urshidabad districts# arlier the said sugar mill was -nown as +.s# Ramnagar ane / 0ugar o# 1td# which was renamed as 2haitan 3ndia 1td# 4he 5overnment of 6est 7engal by its order dated $8th +arch, $9' passed under 0ection (*) of the 6est 7engal states :cuisition :ct, $9* allowed the aforesaid Ramnagar ane / 0ugar o# 1td# to retain an area of %&'#$* acres of land for use of said mill# !etitioner company was served with a notice dated 8&th 0eptember, 8&&8 granting the petitioner liberty to file objection against decision of 0tate 5overnment proposing to resume the remaining area of the land as surplus to its reuirement under proviso to 0ection (*) of the said :ct upon a finding that an area of more or less $<'*#8< acres of land may be reuired for the purpose of running the said mill# !etitioner preferred an application before 6est 7engal land Reforms and 4enancy 4ribunal, inter alia, as-ing for withholding and.or rescinding the said notice dated 8&th 0eptember, 8&&8 or for uashing the same# 7y order dated $th :pril, 8&&* the said application was disposed of without granting any relief to the petitioner# hallenging the same, present writ petition was filed#
ISSUES DERIVED 6hether 0ection * of the 6est 7engal 1and Reforms :ct provides for an overriding effect of the said :ct and also 0ection $'= contained an overriding effect of the said hapter providing for ceiling prescription therein
A!S REFERRED 4he 6est 7engal 1and Reforms :ct 4he 6est 7engal states :cuisition :ct#
RA!IO"# :greeing with the above view, 3 also find that provisions of 0ection (*) of the 6est 7engal states :cuisition :ct was applicable at the initial stage but after introduction of a similar 9
provisions in 0ection $'> of the 6est 7engal 1and Reforms :ct, such power could be exercised only under such law contained in 0ection $'>
$UD%&E'!" 4he writ petition is allowed and the original application o# $8% of 8&&* is hereby allowed and the notification dated 8&th 0eptember, 8&&8
CO#CL(S&O# The +est (en$al !and 2eforms Act* '455 alon$ #ith its so many amendments* enacted #ith the purpose of reformin$ the la# relatin$ to land tenure* conse;uent on the vestin$ of all estates and of certain ri$hts therein in the state* #as not enou$h in chec)in$ the tendency of the bi$ raiyats and their family members in ac;uirin$ more land. Section /,= of the EA Act '45B and the +est (en$al Non& A$ricultural Tenancy Act* '4/4 could also be of $reat help to them in restorin$ bac) the intermediary system* abolished so lon$. +(NAT Act '4/4 permitted creation of tenancies and sub tenancies so far as the non&a$ricultural land #as concerned. A$ain* in absence of any prohibitory la#* an unlimited ;uantum of such land could also be ac;uired and held subse;uently
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3&3L&OGRA%HY %rimar1 Sorce
•
(abu Sar)ar* !and !a#s of +est (en$al*,nd Edition -ear ,'/
•
Diba)ar 0u)hopadhyay* !and !a#s of +est (en$al&An Overvie#
•
T1E +EST (EN"A! !AND 2EO20S A3T* '455
Secondar1 Sorce
•
https677en.#i)ipedia.or$7
•
https677advocatechenoyceil.com
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