West Bengal Acquisition Of Homestead Land For Agricultural Labourers, Artisans And Fishermen Act, 1975
No: 47 Dated: Jan, 05 1976
THE WEST BENGAL ACQUISITION OF HOMESTEAD LAND FOR AGRICULTURAL LABOURERS, ARTISANS AND FISHERMEN ACT, 1975
West Bengal Act XLVII of 1975
An Act to provide for the acquisition of land in rural areas on which homestead has been constructed by any person being and agricultural labourer, an artisan or a fisherman and conferment of title to such land in favour of such person.
Whereas it is expedient to provide for the acquisition of land in rural areas on which homestead has been constructed by any person being an agricultural labourer or an artisan or a fisherman and conferment of title to such land in favour of such person;
It is hereby enacted as follows:-
1. Short title and extent. - (1) This Act may be called the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975.
(2) It extends to the whole of West Bengal except the areas included within a municipal corporation, a municipality, a town committee, a notified area and a cantonment and also the areas included within the Calcutta Metropolitan Area.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "artisan" means a handicraftsman and includes potter, carpenter and blacksmith;
(b) "Calcutta Metropolitan Area" means the area as defined in section 2 of the Calcutta Metropolitan Development Authority Act, 1972;
(c) "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;
(d) "homestead" means a dwelling house which is complete in itself and is not shared in common with any person other than a person belonging to the same family and includes any courtyard, compound, garden, place of worship, family graveyard, tank, well, privy, latrine, drain and boundary wall, annexed to or appertaining to such dwelling house but does not include a brick-built structure with a pucca roof:
Provided that in the district of Darjeeling excluding its Siliguri subdivision a homestead shall include a brick-built structure with a pucca roof.
Explanation. - For the purposes of this clause, "family" includes husband, wife, son, daughter and any lineal descendant of any son or daughter;
(e) "land" means either agricultural land or non-agricultural land upon which there is a homestead ;
(f) "occupier" means an agricultural labourer or an artisan or a fisherman who is in possession of any land of another person, either as a lessee or as a licensee or as a trespasser and who holds no other land in any capacity whatsoever and includes the heirs of such person;
(g) "prescribed" means prescribed by rules made under this Act.
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, the Central or any State Government;
(b) belonging to, or taken on lease by, any local or statutory authority.
4. Acquisition of lands for occupiers:- Where an occupier has been in possession of any land on the 26th day of June, 1975 then,-
(a) if the land in his possession does not exceed .0334 hectare, such land, and.
(b) if the land in his possession exceeds .0334 hectare, so much of such land as does not exceed .0334 hectare,
shall stand acquired by the State Government and shall thereupon stand transferred to and vest absolutely in favour of such occupier.
5. Amount to be paid:- When any land is acquired under section 4, there shall be paid by the State Government to every owner an amount which shall be equivalent to ten times of the annual revenue or rent, as the case may be, of such land to be determined by . the Collector in the prescribed manner.
Explanation:- An owner includes all persons claiming an interest in the amount to be paid on account of the acquisition of the land and a person shall be deemed to be interested in land if he is interested in an easement affecting the land.
6. Apportionment of the amount:- Where there are several persons interested in the land acquired under section 4, the Collector shall, by order, apportion the amount amongst such persons in accordance with the nature and extent of interest held by each such person.