West Bengal Land Reforms (Amendment) Act, 2010 [West Bengal Act XXVIII of 2010]

Registered No. WB/SC-247 No. WB(Part-II1)/2010/SAR-27 Kolkata @asette Extraordinary Published by Authority ASVINA 13} TUESDAY, OCTOBER 5, 2010 [SAKA 1932 PART Ili—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1414-L.—Sth October, 2010.—The following Act of the West Bengal Legislature, having been assented to by the Governor is hereby published for general information:— West Bengal Act XXVIII of 2010 THE WEST BENGAL LAND REFORMS (AMENDMENT) ACT, 2010. [Passed by the West Bengal Legislature. | [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 5th October, 2010.] An Act to amend the West Bengal Land Reforms Act, 1955. WHEREAS it is expedient to amend the West Bengal Land Reforms Act, 1955, for Wes es Act X the purposes and in the manner hereinafter appearing; ; "It is hereby enacted in the Sixty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:— Short title and 1. (1) This Act may be called the West Bengal Land Reforms (Amendment) moms ee. SOT, (2) Save as otherwise provided in this Act, it shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 [Part II] Amendment of section 4 of West Ben. Act X of 1956 Amendment of section 4C. Amendment of section 14B. Amendment of section 14E. Amendment of section 14Z The West Bengal Land Reforms (Amendment) Act, 2010. (Sections 2-6.) 2. Inthe Explanation to sub-section (1) of section 4 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the principal Act),— (1) in clause (a), for the words “granted under the provisions of this section”, the words “granted by the State Government” shall be deemed to have been substituted with effect from the 7th day of August, 1969; and (2) in clause (c), after the words, letter and brackets “under clause (g)”, the words, letter and brackets “or under clause (f)” shall be deemed to have been inserted with effect from the 7th day of August, 1969. 3. After sub-section (5) of section 4C of the principal Act, the following sub-section shall be deemed to have been inserted with effect from the 7th day of August, 1969:— “(6) Notwithstanding anything contained in the foregoing provisions of this section, where any plot of land not exceeding 0.03 acre situated in the areas falling within the local limits of any Municipal Corporation or Municipality, or any plot of land not exceeding 0.08 acre situated in the area not falling within the local limits of any Municipal Corporation or Municipality, other than any plot of land having water body of any description or size, has been changed, converted or altered in the area, character or mode of use of such plot of land in violation of the provision of sub section (2) of section 4C and if the State Government, on the basis of any report of the Collector, is of the opinion that it is necessary to do so in the public interest, the State Government may, by order, authorise the Collector to regularise such change, conversion or alteration in the area, character or mode of use of the said plot of land, other than any plot of land having water body of any description or size, on payment of such fee depending on the different character or mode of use of the plot of land, and in such manner, as may be prescribed.”. 4. In section 14B of the principal Act, for the words “any transfer by a raiyat”, the words, figures and letter ‘any transfer, other than restoration made under section 14E, by a raiyat” shall be substituted. 5. In section 14E of the principal Act,— (1) in sub-section (2), for the words “the transferor or his successor-in interest”, the words “the transferor or his successor-in-interest, in such manner as may be prescribed” shall be substituted; (2) to sub-section (2), the following Explanation shall be added:— ‘Explanation.—For the purpose of this sub-section, the word “restoration” shall mean restoration of the plot of land or part thereof which has been transferred by a raiyat belonging to a Scheduled Tribe and include an equivalent quantum of plot of land or part thereof of the same character within the ncar vicinity of the transferred plot of land or part thereof.’ 6. In the first proviso to sub-section (1) of section 14Z of the principal Act, after the words, letter and brackets “under clause (g)”, the words, letter and brackets “or under clause (f)” shall be deemed to have been inserted with effect from the 7th day of August, 1969. Part III) THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 3 The West Bengal Land Reforms (Amendment) z Act, 2010. (Sections 7-9.) Amendment of 7. In section 23A of the principal Act, to clause (c), the following Explanation section 23A shall be added: — ‘Explanation.—For the purpose of this section, the expression “Government sponsored educational institution” means the educational institution which is established under any law of the State of West Bengal, or recognized by the State Government, and is being aided by the State Government.’. pear of 8. In sub-section (4) of section 51A of the principal Act, for the words “within twenty-five years”, the words “within thirty-five years” shall be substituted. Validation 9. The amendments made in the principal Act by section 2, section 3 and section 6 shall be deemed to have been made with effect from the 7th day of August, 1969 and accordingly anything done or any action taken or purported to have been taken or done under the principal Act on or after the said date and before the commencement of this Act, shall, notwithstanding anything contrary contained in any judgement, decree or order of any court, tribunal! or other authority, be deemed to be, and to have always been, for all purposes, as validly and effectively taken or done as if the said amendments had been in force at all material time. By order of the Governor, K. Y. S. MANHAS, Pr. Secy.-in-charge to the Govt. of West Bengal, Law Department. Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. (Government of West Bengal Enterprise), Kolkata 700 056