West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975 (No. 47 of 1975)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975 Act 47 of 1975 Keyword(s): Artisan, Calcutta Metropolitan Area, Collector, Homestead, Land, Occupier West Bengal Act XLVII of 1975' JVcsl Bcn. Acr X l or 1972. THE WEST BENGAL ACQUISITION OF HOME STEAD LAND FOR AGRICULTURAL LABOURERS, ARTISANS AND FISHERMEN ACT, 1975. At1 ACI to provide jor rfre acqrrisirion of lntrd ill r-lrml arcas on ~vhicll 11o)lresreod Iras bee11 co)~srrrrcrerl by NIIY persorl beirzg an agricrrlrrrrnl laborrrer, ml ar/isa)t oruJslten~rcrr~ u~lrlco)fcnrret~t ofiirle tosrrcli lr~ttd it1 fn~lorrr of srrolr persa~l. WHEREAS i t is expedient to provide for be acquisidon of land in rural arcas on which homestead has been conslrucled by any person being an agricul~ural labourer or an artisan ora Fisherman and conferment of lille io such land in favour of such person; I( is hcrcby enacted in the ~ w e n l ~ - s i x l h Year OF rhc Rcpublic of India, by thc Legislalure of W e s ~ Bengal, as follows: 1. ( I ) This Acl may be called the West eng gal Acquisilion of Shnn ti~lc. Hamestead Land for AgFicul[ural Labourers, Arlisans and Fishermen ""dxtCnl' Act, 1975. (2) It extends to thc whole of Wesr Bellgal excepr the areas included within a municipal corporation, a rnuoicipali[y, a town conlmittee, a no~if ied area and n canionrnent and also [he areas included within the Calcutta Metropolitan Area. 2. In [his Act, unlcss thcrc is anylhing repugnant in [he subject or Definilirbni. context, ') "nnisnn" mcans a handicrahsman and includes poller, carpenter and blacksmirh; (b) "Calcutta Metropolivan Area" means the arca as dcfincd in section 2 of the Calculli~ Mcrropolitan Devclopmcnl Authority Act. 1972; (c) "Collecror" means [he Collector of a district and includes an Addilional District Magislralc or any other officer appoinred by the Stale Government to discharge any of the funclions of a Collec~or under this Act; 'For Slalcmcnl or OhjccLc and Rr&ons, see llic Culr~r~trt Go:~~rrc, Eriroor(lilir~ar).. Pan IV, or rllc 29th Novcmbcr. 1975, pagc 2592; lor proceedings of tlic Wcsi Ucngal hxi>larivc: Assembly. see l l i c proceedings ul" lhe mecring t%T 1h31 A~ccmbly licld nn thc 3rd Decernbcr. 1975. Acl no1 lo apply llJ ccnain lands. Acquisiriun or Inlids lor occupicn. Amount 10 h paid. Tftc IVesl Bc~rgnl AcqttiFirior~ of Homeslead Land for Agricrrlfrrrcrl Lrrborrr~~rs, Arlisalrs mild Fislrert?~er~ Acr, 1975. [West Bcn. Act (d) "homes~cad" means a dwelling housc which is complelc in irsclr and is no1 shared in common with any person other rhan a person belonging to the same Family and includcs any courtyard, compound, garden, place of worship. fan~iIy graveyard, rank, well. privy, lalrinc, dmin and boundary wall annexed to or appcri-raining lo such dwelling house but docs no1 include a brick-built structure with a plrcca roof: Provided that in the district of Darjeeling excluding ils Siliguri sub-division a homestend shall include a brick-build suuclure with n prrccu roo6 f ip la~ra~io~~.-For h e purposes of lhis clause, "family" includes husband, wife, son, daughter nnd any lineal dcscc~dan~ or zlny son or daughter; (e) "l;lndV mcans either agricul~ural land or non-agricul~ural land upon which [here is a homeslcad; (0 "occupier" mcans an agricullural labourer or an arlisan or a fisl~erman who is in posscssiou of any land of anothcr person, tither as a lcjsee or us a licensee or ns n trespasser and who holds no other land in any c a p x i ~ y wha~soever and includes the heirs of such pcrson; (g) "prescribed" means prescribed by rules made undcr this Act. 3. Nothing in lhis Acl shall apply to any Iand (a) belonging lo, or laken on lease or requisitioned by. lhc Central or any Stale Government; (b) belonging to, or taken on lease by, any local or slututory authority. 4. Whcre an occupier has been in possession of any land on the 261h day of Junc, 1975 ~hcn (a) if the land in his possession does no1 exceed .0334 hecrure, such land, and (b) if h c land in his possession excccds ,0334 hecme, so much of such land as does not exceed ,0334 hectare, shall stand acquired by the State Governmcn[ and shall [hereupon stand ~rnnsf i~ccl to and vest absolutely in bvour of such occupier. 5. Whcn any land is acquired under seclion 4, rhcre shall be paid by [he Slale Gov~mmenl lo every owner art amount which shall be cquivalen! to ten limcs uol h e nnnunl revenue or rent, as the case may bc, nfqllch I;lnrl In hp C ( p l ~ - i n P r l htr rh- P n l l n r l n ~ :,. ILA --.---.- r-:l....l ... - T11e Wesr Bcrrga! Acq~risi~ior~ af Hon~os~ead Lr~~td for Agricttlrrrrai Lobotrrers, Ar~korrs n~rd Fisllenlretr Acf, 1975. XLVIT of 1975.1 (Secfiorrs 6- 10.) E.rp1nnnrio11.-An owner includes 1111 persons claiming a11 inlcresr in [he arnouni to be paid on account of tlie acquisition or Ihc land and a person shall bc dcemed to bc j~lreresred in land i f he is inrerested in iln easemcnt nffecling h e land. 6. Wherc lhere are sevcral persons inrcresied in the land acquired Appnrlion Incnr or lhc under section 4, the Collccror shall, by order, apportion the amount ,,,,,, amongst such persons ia accord;mce with (he nature and exrent of interes~ held by each such person. 7. An occupier in wllosl: favour any land vests under seclion 4 shnll S"'UL."~ occuplcr. have the stnrus (i) of a raiyot, if such land is agricultural land, or (ii) of a non-agriculrural tcnanl, i f such land is non-agriculwrnl land: Pravided that the occupier shnll [lot be linblc lo pay any revcnue or rent for such land. 8. Any pcrson whose land has been acquired under Ihe provisions Abnlcmrnr of section 4 stiall hc enlided- or rcimsnuc nr rcnt. (a) if the land is included in ;In agricultural holding, to have thc revenue payablc by him absllcd by such amount as bears [he samc proponion ro such revenue as the area of the land acquircd bears to the arcn of such agriculrural holding, and (b) iT the Iand is included in any non-agricultural tcnancy. to have lhe rent payable by him ahared by such amounl as bears the same proportion Lo such rent as rhe area of he Innd acquired bears 10 l l ~ e area or such lenancy. 9. ( I ) If there is any dispule or) [he qucs~ion as ro whether n Inad s c 1 l ~ l n c l l ~ ordlspulec. has vesred in an occupier under the provisions OF scclion 4, the lnatlcr shall bc r c r e ~ e d to the Collecror, whose dccision [hereon shall be final. (2) The manner in which the Colleclor shalt decide the dispule shall be such as may be prescribed. 10. ( 1 ) Subject to rhc provisions of sub-sec~ion (2), na accupier L ~ m i ~ 3 1 i ~ ~ ~ cln ~nnsfcr shall transfer any land or pan t[ureoF ves~cd in l i in~ under seclion 4, by ,,picr, (2) An occupier may lrnnsfer his land or pan illereof by simple mortgage in favour O F a scheduled bank, a co-operalive land morlgage bank or a corporation, owned or con~rolled by the Ccnlrnl or the State Govcmment or by both, or ally other 3uthorily notified by [he State Gnv~rnm~ni in ihis hehalf. Tor ihc develooment of soch land. Bar 16 jutisdirkion orcivil cuuns. Acr lo ordrride rrthcr lnws. Declnnlion as ro @icy of thc S I ~ C . Repeal a11d savings. Tfre Wesl Bc~rgoI Acqrrisirio~~ of Horrres~errd LntrrlIor Apricrrlluml Lnbocrtvcrs. Arfi.~ans a~rrl Fisherrtrct~ Acr, 1975. [Wcst Ben. Act XLVII of 1975.1 11. Any person who evicls an occupier unlawfully kom 1l1e land or part thereoF which has vzs~ed in hirn undcr seclion 4 shall be liable 10 impriso~vnent which may cxicnd lo six mon~hs or to a fine which may exlend lo one dlousand rupees or to both. 12. No court shall cnrertain any suit, nppIication or proceeding in rzlarion to any land or any pan ~hercol which has ves~ed in i ~ n occupier under section 4 and no occupier shall be liable 10 be evicred ordisposscsscd from such land notrvirhstandirlg any judgmenr, decree or order of any courl for such eviction or dispossession. 13. The provisions of [his Act shall have ef fc l no~wirhs~anding anything lo Lhe contrary conrained ia any orher law or in any convact. cxpress or implied, or in any inslrument and nolwithsranding any usage or cusiom to thc conirary. 14. Tr is hereby declared rhal lhis Act is for giving crfcct to lhc policy or [lie S~.?te towi~rds securing the principles specified in clause (b) of article 39 of the Constitutiot~ of rndia. 15. (1) The State Government may make rules for carrying out [he purposes of this Act. (2) In particular, and wilhoul prejudice lo the generality of [he foregoing power, such rules may provide for any matter which has to be or may be prescribed. 16. (1) Thc West Bengul Acquisition of Homestead Land for \Vcs[ Bun. Oid. Xlll of Agi~culrural Labourers and Arlisnns Ordinancc, 1975, is hcreby repealed. 1975. (2) Anything done or any action takcn under [he Wesl Bengal Acquisi~ioo oiHomesread Land for Agricultural Labourers and Adsans Ordinance. 1975 shall be dce~ i~ed lo have been validly donc or laken under this Act as if this Act had commenced an [he 24111 day of Sep~ember, 1975.