West Bengal Comprehensive Area Development Act, 1974
No: 39 Dated: Sep, 04 1974
THE WEST BENGAL COMPREHENSIVE AREA DEVELOPMENT ACT, 1974.
West Bengal Act XXXIX of 1974
An Act to provide for development of the State of West Bengal through area based development programme with a view to increasing agricultural and allied production and ensuring maximum benefits of such production to the cultivators.
Whereas it is expedient in the public interest to provide for development of the State of West Bengal through area based development programme with a view to increasing agricultural and allied production and ensuring maximum benefits of such production to the cultivators and thereby to give effect to the policy of the State towards securing the principles specified in clause (b) and clause (c) of article 39 of the Constitution of India;
It is hereby enacted as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Comprehensive Area Development Act, 1974.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or for different areas.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "agricultural production" includes production of agriculture, horticulture, pisciculture, forestry, sericulture, bee-keeping, dairy farming, piggery and poultry farming and also includes such other types of production as are ancillary or incidental thereto and as the State Government may, by notification in the Official Gazette, specify as agricultural production;
(b) "Corporation" means the West Bengal Comprehensive Area Development Corporation established under sub-section (1) of section 3;
(c) "cultivator" means a person engaged in agricultural production either in the capacity of an owner of a lessee or a bargadar or a labourer;
(d) "notified area" means an area notified under sub-section (2) of section 15;
(e) "prescribed" means prescribed by rules made by the State Government under this Act;
(f) "project" includes scheme or schemes undertaken within a notified area for the purpose of fulfilling the objects referred to in section 8;
(g) "regulations" mean regulations made by the Corporation under this Act.
3. Establishment of the Comprehensive Area Development Corporation. - (1) The State Government shall, as soon as may be after the commencement of this Act, by a notification in the Official Gazette, establish for the State of West Bengal a Corporation to be called the West Bengal Comprehensive Area Development Corporation.
(2) The Corporation shall be a body corporate having perpetual succession and a common seal and may by the said name sue or be sued.
4. Members and their terms of office. - (1) The Corporation shall consist of a Chairman, a Vice-Chairman, and such number of other members not exceeding thirty as the State Government may think fit to appoint.
(2) The term of office of, and the manner of filling casual vacancies among, the members of the Corporation shall be such as may be prescribed.
5. Removal of a member from office. - The State Government may remove from office any member of the Corporation who has, in the opinion of the State Government, so abused his position as to render his continuance in office as a member of the Corporation detrimental to the interests of the Corporation.
6. Executive Vice-Chairman. - (1) The State Government shall, subject to such terms and conditions as may be prescribed, appoint a member of the Corporation to be the Executive Vice-Chairman of the Corporation who shall be its Chief Executive Officer.
(2) The Executive Vice-Chairman shall exercise such powers and perform such duties as may be provided by regulations.
7. Officers and other employees of the Corporation. - Subject to such terms and conditions as may be provided by regulations, the Corporation may appoint such officers and other employees as it considers necessary for the purpose of carrying out the provisions of this Act:
Provided that no person whose honorarium or maximum salary exceeds fifteen hundred rupees per month shall be appointed by the Corporation except with the previous approval of the State Government.
8. Objects of the Corporation. - (l) The Corporation shall be responsible for drawing up and implementation of projects for comprehensive development of selected areas in the State with a view to increasing agricultural production and ensuring maximum benefits of such production to the cultivators.
(2) The Corporation shall be deemed to be an agriculturist for the purpose of any law for the time being in force in the State of West Bengal.