West Bengal Acquisition And Settlement Of Homestead Land Act, 1969
No: 15 Dated: Aug, 11 1969
THE WEST BENGAL ACQUISITION AND SETTLEMENT OF HOMESTEAD LAND ACT, 1969
West Bengal Act XV of 1969
An Act to provide for the acquisition of land on which homestead has been constructed and settlement of such land with the person in possession thereof.
Whereas it is expedient to provide for the acquisition of land on which homestead has been constructed and settlement of such land with the person in possession thereof;
It is hereby enacted as follows:-
1. Short title and extent. - (1) This Act may be called the West Bengal Acquisition and Settlement of Homestead Land Act, 1969.
(2) It extends to the whole of West Bengal, except the areas to which the provisions of the Calcutta Municipal Act, 1951, the Howrah Municipal Act, 1965, the Bengal Municipal Act, 1932, the Cooch Behar Town Committee Act, 1903, the Cooch Behar Municipal Act, 1944, the Chandernagore Municipal Act, 1955, and the Cantonments Act, 1924 apply.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "agricultural land" means land ordinarily used for purposes of agriculture or horticulture and includes such land, notwithstanding that it may be lying fallow for the time being;
(b) "Collector" means the Collector of a district and includes an Additional District Magistrate or any other officer appointed by the State Government to discharge any of the functions of a Collector under this Act;
(c) "holding" means the land or lands held by a raiyat and treated as a unit for assessment of revenue;
(d) "homestead" has the same meaning as in the West Bengal Estates Acquisition Act, 1953;
(e) "land" includes both agricultural land and non-agricultural land;
(f) "non-agricultural land" means land other than agricultural land or other than land comprised in a forest;
(g) "non-agricultural tenant" means a non-agricultural tenant as defined in the West Bengal Non-Agricultural Tenancy Act, 1949;
(h) "occupier" means a person who is in possession of any land of another person without any interest therein based on title and who holds no land or not more than .8094 hectare of land either as owner or tenant thereof and includes the heirs of such person;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "raiyat" means a person who holds land for purposes of agriculture.
3. Act not to apply to certain lands. - Nothing in this Act shall apply to any land-
(a) belonging to, or taken on lease or requisitioned by, Government;
(b) belonging to, or taken on lease by, any local authority.
4. Application to the Collector. - Where an occupier has constructed a homestead on the land in his possession and has been residing therein [from before the commencement of this Act, he may, within five years from the date of such commencement], make an application, in such manner and containing such particulars as may be prescribed, to the Collector having jurisdiction-
(a) if the land in his possession does not exceed .0334 hectare, for settling the land with him; and
(b) if the land in his possession exceeds .0334 hectare, for settling .0334 hectare of such land with him on which his homestead has been constructed.
5. Inquiry by the Collector. - (1) On receipt of an application under section 4 the Collector shall make an inquiry in such manner as may be prescribed to determine whether an occupier has constructed a homestead on the land in his possession and has been residing therein [from before the commencement of the Act].
(2) Notwithstanding anything contained in section 4, the Collector may, on his own motion, make any inquiry referred to in sub-section (1):
Provided that no such inquiry shall be started after the expiry of [five years] from the date of coming into force of this Act.
(3) For the purpose of an inquiry under sub-section (1) the Collector shall have all the powers of a civil court while trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits.
6. Demarcation of the land. - If the Collector is satisfied on an inquiry under section 5 that an occupier has constructed a homestead on the land in his possession and has been residing therein [from before the commencement of this Act], he shall make an order for demarcating such land or where such land exceeds .0334 hectare, for demarcating .0334 hectare of such land on which the homestead has been constructed.
7. Acquisition of land by the Collector. - (1) After demarcation of the land under section 6 the Collector shall, by publishing in the Official Gazette and in such other manner as may be prescribed a notice in this behalf, acquire the land so demarcated with effect from such date as may be specified in the notice.
(2) When a notice is published under sub-section (1) in respect of any land, such land shall, with effect from the date specified in the notice, vest absolutely in the State Government free from all encumbrances.