The Kolkata Land-revenue Act, 2003

Regd. No. WB/SC-247 	 No.WR/CPS/Raj- 13 (Part 111)12003 
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SRAVANA 15] 	 WEDNESDAY, AUGUST 6, 2003 	 [SAKA 1925 
PART 1B—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 1301-L.-6th August, 2003.—The following Act of the West Bengal Legislature, having been assented to by the 
Govermor, is hereby published for general information:— 
West Bengal Act XV of 2003 
THE KOLKATA LAND-REVENUE ACT, 2003. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary,of the 
6th August, 20031 
An Act to provide for securing the land-revenue within the jurisdiction of the Municipal 
Corporations of Kolkata and Howrah and other municipal areas under the Kolkata 
Metropolitan Development Authority as may be extended from time to time and in relation 
to matters connected therewith or incidental thereto., 
WHEREAS it is expedient that the land-revenue accruing due to the State of West 
Bengal within the jurisdiction of Municipal Corporations of Kolkata and Howrah and other 
municipal areas under the Kolkata Metropolitan Development Authority, as may be extended 
from time to time, be ascertained and collected in a summary manner; 
It is hereby enacted in the Fifty-fourth Year of the Republic of India, by the Legislature 
of West Bengal, as follows 
CHAPTER I 
Preliminary 
Short title, 	 1. (1) This Act may be called the Kolkata Land-revenue Act, 2003. extent and 
commencement. 	 (2) It extends to the areas included within the limits of Kolkata Municipal Corporation, 
Howrah Municipal Corporation and municipal areas within the meaning of the West Bengal 
Municipal Act, 1993, which are falling within the jurisdiction of Kolkata Metropolitan 
Development Authority as may be extended from time to time. 
(3) It shall come into force on such date as the State Government may, by notification in 
the Official Gazette, appoint. 
Definitions. 	 2. In this Act, unless there is anything repugnant in the subject or context,— 
West Ben. 
Act XXII 
of 1993. 
(a) "certificate" means a certificate signed under the Bengal Public Demands Ben. Act 
Recovery Act, 1913; 	 III of 1913. 
(b) "Collector" means Collector of Stamp Revenue, Kolkata or Collector of the 
districts of North 24-Parganas, South 24-Parganas, Nadia, Hooghly, Howrah 
and any other officer appointed by the State Government to discharge all or any 
of the functions of a Collector under this Act; 
(c) "commercial purpose" means use of any plot of land or a part thereof for carrying 
out any trading, commercial or industrial activity; 
(d) "Commissioner" means the Commissioner of the Presidency Division and 
Bardhaman Division; 30 
3 II 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 6, 2003 	 [PART III 
The Kolkata Land-revenue Act, 2003. 
(Chapter 1.—Preliminary.—Seetion 3—Chapter II—Provisions as to Land-revenueSeetions 4, 5,) 
(e) "high-rise building" means any multi-storyed building above five floors; 
(0 "land" means any land used or purported to be used for residential, commercial 
or industrial purpose or for any other purpose whatsoever; 
(g) "plot of land" means land or lands held by a raiyat and treated as a unit for 
assessment of revenue; 
(h) "prescribed" means prescribed by rules made by the State Government under 
this Act; 
(i) "raiyarmeans a person who holds land for commercial, residential or industrial 
purpose or for whatever purpose but does not include a lessee of Government 
land. 
Act to have 
overriding effect. 
Explanation.— For the purpose of this clause, "person" includes an 
individual, a firm, a company, an institution, or an association or body of 
individuals, whether incorporated or not; 
"revenue" means whatever is lawfully payable in money by a raiyat under the 
provisions of this Act in respect of any plot of land or part thereof held by him 
for a revenue year or a part thereof; 
(k) "Revenue Officer" means any officer whom the State Government may appoint 
by name or by virtue of his office to discharge any of the functions of a Revenue 
Officer in any area within the local limits of the Municipal Corporations of Kolkata 
and Howrah and other municipalities under the jurisdiction of Kolkata 
Metropolitan Development Authority; 
(I) "revenue year" means the Bengali year commencing on the first day of Baisakh; 
(m) "State Government" means the Government of the State of West Bengal; 
(n) "vacant land" means land, not being land mainly used for the purpose of 
agriculture, within the local limits of Kolkata and Howrah Municipal Corporations 
and other municipalities under the jurisdiction of Kolkata Metropolitan 
Development Authority. 
3. The provisions of this Act shall have effect notwithstanding anything inconsistent 
therewith in any other law for the time being in force or in any judgement, decree or order of 
any court, tribunal or other authority or in any instrument having effect by virtue of any law 
other than this Act or in any control, custom or usage to the contrary. 
CHAPTER II 
Provisions as to Land-revenue 
4. (1) A raiyat shall be liable to pay revenue for his plot of land. 
(2) Revenue shall be a first charge on the plot of land held by the raiyat. 
5. (I) Notwithstanding anything to the contrary contained in any judgement, decree, 
or order of any court or tribunal, or in any other law for the time being in force, a raiyat shall, 
with effect from such date as the State Government may, by notification in the official Gazette, 
specify, pay revenue for his land in the following rate, where such land is used— 
(a) for the purpose of setting up any mill, factory, workshop or for other commercial 
purposes—rupees two hundred per 0.01 acre; 
(b) for homestead or residential purpose—rupees forty five per 0.01 acre; 
(c) for purpose of setting up any high-rise building meant to be used as residential 
or commercial establishment—rupees two hundred per 0.01 acre; 
(d) for the purpose of setting up an institution of non-commercial nature—rupees 
forty five per 0,01 acre; 
(e) for the purpose of setting up an institution of commercial nature—rupees two 
hundred per 0.01 acre: 
(f) as parks, gardens or water-body on commercial basis—rupees two hundred per 
0.01 acre; 
(i;) as vacant land on commercial basis--rupees two hundred per 0.01 acre; and 
(h) as vacant land on non-commercial basis—rupees forty five per 0.01 acre 
Liability to pay 
revenue. 
Determination of 
revenue. 
PANT III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 6, 2003 	 [32 
The Kolkata Land-revenue Act, 2003. 
(Chapter II—Provisions as to Land-revenue.—Sections 6-8.) 
Exemption. 
Assessment and 
collection of 
revenue. 
Appeal. 
Provided that in municipal areas outside the jurisdiction of the Municipal 
Corporations of Kolkata and Howrah, and Bidhannagar Municipality, the rate of revenue, 
payable by a raiyat for use of land in connection with any commercial purpose referred 
to in clauses (a);(c), (e),(f) and (g), shall be rupees one hundred and seventy-five per 
0.01 acre and for non-commercial and residential purposes referred to in clauses (b), (d) 
and (h), the rate of revenue payable shall be rupees thirty-five per 0.01 acre: . 
Provided further that land-revenue at the above rate or at the existing rate, whichever 
is higher, shall be payable. 
Explanation I.— For land other than land as defined in clauses (f) and (n) of 
section 2 of this Act, land -revenue shall be paid in terms of clause (a) of section 23 of 
	
the West Bengal Land Reforms Act, 1955. If due to change in use of such land creates 	 West Ben. Act 
land as defined under this Act, land-revenue shall be charged under the provisions of X of 1956. 
this Act. 
Explanation IL—For the purpose of securing land-revenue, any area constituted 
by the State Government as a notified area under section 378 of the West Bengal West Ben. Act 
Municipal Act, 1993, or any area in a newly-developing locality which has been specified XXII of 1993. 
by the State Government by notification in the Qfficial Gazette, as a municipal area, 
shall be treated as a Municipality. 
(2) The rate of revenue, determined under sub-section (1), shall be increased at 
the rate of ten per centum after every five years. 
6. Notwithstanding anything contained elsewhere in this Act, the following lands 
shall be exempted from the payment of revenue under this Act— 
(a) land owned by Central Govenment, State Government and local bodies; and 
(b) land used as public roads, burial ground, places of worship and burning ghat. 
7. ( 1 ) 	 Notwithstanding anything contained in this Chapter, the Revenue Officer 
shall assess the revenue,— 
(a) in case of a land situated within the local limits of the Kolkata Municipal 
Corporation or the Ilowrah Municipal Corporation, on the basis of holding 
register of such Corporation till the record-of-rights in respect of the 
interests of a raiyat are prepared and finally published under the provisions 
of the West Bengal Estates Acquisition Act, 1953, or the West Bengal 
Land Reforms Act, 1955, as the case may be; 
(b) in case of a land situated within the local limits of the Bidhannagar 
Municipality, on the basis of municipal holding register or records of Urban 
Development Department, as are convenient, till the record-of-rights in 
respect of the interests of a raiyat are prepared and finally published 
under the provisions of the West Bengal Estates Acquisition Act, 1953 or 
the West Bengal Land Reforms Act, 1955, as the case may be; 
in case of a land situated within the local limits of municipalities other than 
the Municipality referred to under clause (b), on the basis of the record-of 
-rights in respect of the interests of a raiyat prepared and finally published 
under the provisions of the West Bengal Estates Acquisition Act, 1953 or 
the West Bengal Land Reforms Act, 1955, as the case may be. 
(2) The demand of revenue shall be fixed ward-wise on the basis of the assessment 
made by the Revenue Officer under sub-section ( 1 ) and notice shall be issued to the 
raiyat concerned to pay revenue with arrears, if any, within such date, and in such 
manner, as may be prescribed. 
(3) The collection of revenue shall be made in the manner as may be prescribed. 
8. (1) Any person aggrieved by the assessment made by the Revenue Officer 
under sub-section ( I ) of section 7 as regards his plot of land or part thereof or any order 
made by him regarding fixation and alteration of revenue may, within thirty days from 
the date of such assessment or order, as the case may be, prefer appeal before the. 
Collector: 
Provided that the Collector may transfer any appeal filed, before him for disposal to 
any officer, subordinate to him, but senior in rank and ,position to the officer againt 
West Ben. Act 
I of 1954. 
(c) 
33] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 6, 2003 	 [Pan III 
The Kolkata Land-revenue Act, 2003. 
• (Chapter 11— Provisions as to Land -revenue.— Sections 9-13.— 
Chapter Ill.— Management of Government khasmahal land and any other Government land.— 
Section14.—Chapter 1V.—Miscellaneous.—Sections 15-17.) 
whose order the appeal has been preferred. Every such appeal shall be dealt with from the 
stage at which it was so transferred and shall be disposed of in accordance with the manner as 
may be prescribed. 
(2) Any person aggrieved by the order passed by the Collector in an appeal may, 
within three months from the date of passing of such order, prefer an appeal before the 
West Bengal Land Reforms and Tenancy Tribunal established under clause (a) of sub-
section (1) of section 4 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997. 
9. No suit or other legal proceedings shall be instituted in any civil court in respect of the 
determination and collection of any revenue or the omission to determine and collect any 
revenue under this Chapter. 
10. (1) A raiyat shall pay revenue in such instalments, in such manner, and at such 
times, as may be prescribed. 
(2) Payment of revenue shall be made at such place, and in such manner, as may be 
prescribed. 
(3) Any instalment of revenue or part thereof which is not duly paid within the prescribed 
time shall be deemed to be an arrear. 
11. Every raiyat shall, on making payment of revenue, be entitled to obtain forthwith a 
receipt in writing in the prescribed form for the amount paid by him, signed by the person 
authorised to make collection of revenue. 
12. (1) Every raiyat who makes payment of revenue within the prescribed period shall 
be entitled to a rebate of five per centum of the amount of revenue paid. 
(2) An arrear of revenue shall bear simple interest at the rate of six and quarter per 
centum per annum from the due date upto the date of payment. 
13. All arrears of revenue shall be deemed to be public demand payable to the Collector and 
shall, subject to such rules as may be made in this behalf, be recoverable under the Bengal Public 
Demands Recovery Act, 1913. 
Bar to jurisdiction 
of civil courts. 
Payment of 
revenue. 
Raiyat to obtain 
receipt for making 
payment of 
revenue. 
Rebate on 
payment in time 
and interest on 
arrears. 
Procedure for 
recovery of 
arrears of 
revenue. 
West Ben. Act 
XXV of 1997. 
Ben. Act III 
of 1913. 
Management of 
Government 
khasmahal and 
any other 
Government 
land. 
Power to enter 
upon land to 
make survey etc. 
CHAPTERIII 
Management of Government khasmahal land and any other Government land 
14. (1) All khasmahal lands, other Government lands, and interests therein belonging 
to the State Government shall, unless the State Government otherwise directs by any general 
or special order and subject to such rules as may be made by the State Government in this 
behalf, be managed by the Collector of South 24- Parganas who is declared as Chief Revenue 
Officer for the purposes of this Act: 
Provided that the State Government may entrust the management of such lands belonging 
to it in any area to such authority as may be prescribed and such authority shall, thereupon, 
manage the lands subject to the control of the State Government and in accordance with such 
rules as may be made in this behalf. 
(2) The State Government may, while making rules under section 21, provide for 
establishment of any Government company or any co-operative society or any institution or 
authority or agency in the public interest for utilisation of any land. 
CHAPTER IV 
Miscellaneous 
15, The State Government may, by notification in the Official Gazette, delegate any of its 
powers to be exercised, to any authority subordinate to it subject to such reservations as may 
be specified in the notification. 
16. Notwithstanding anything contained elsewhere in this Act or in any other law for the 
time being in force, the Revenue Officer, having jurisdiction in the area in which any land is 
situated, shall be necessary party to all suits of civil nature relating to any such land or portion 
thereof in which one of the parties to the suit is a member of any Scheduled Tribe and the other 
party is not a member of any Scheduled Tribe. 
17. A Revenue Officer or any officer authorised by him, subject to any rules made under 
this Act, may at'  ny time enter upon any land or in any building situated upon such land with 
Delegation of 
powers by the 
State 
Government. 
Revenue Officer 
to be a necessary 
party in all suits 
etc .  
!)ART  IIIJ 	 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 6, 2003 	 [34 
The Kolkata Land-revenue Act, 2003. 
(Chapter1K—Miscellaneous.—Sections 18-22.) 
Power to compel 
production of 
records and 
documents and to 
enforce 
attendance of 
witness. 
Power to make 
rules. 
Repeal and 
savings. 
such officers or persons as he considers necessary, and make a survey or take measurement 
thereof or do any other acts which he considers to be necessary for fixation of land-revenue. 
18. Subject to the provisions of this Act and the rules made thereunder, any officer in 
dealing with proceedings under this Act shall exercise the powers of a civil court under the 
Code of Civil Procedure, 1908, for the purpose of 
(a) summoning and enforcing attendance of any person and examining him on 
oath as a witness, 
(b) requiring the discovery and production of any document or record, 
(c) receiving evidence on affidavits, 
(d) requisitioning any public record or copy thereof from any court or office, 
(e) issuing commission for the examination or witnesses or document, 
(1) enforcing or executing orders including an order for restoration of possession 
as if such orders were decrees of a civil court, 
(g) remanding any case or proceedings to the officer from whose decree the appeal 
is preferred, 
and such officer shall record the substance of the evidence, if any, taken by him. 
19. Record-of-rights in the original jurisdiction of Kolkata as provided in Schedule Ito 
the Kolkata Municipal Corporation Act, 1980, shall be prepared in terms of section 51 of the 
West Bengal Land Reforms Act, 1955 and the rules made thereunder. 
20. (I) No suit, prosecution or other legal proceeding shall lie against any person for 
anything which is in good faith done or intended to be done in pursuance of this Act or the 
rules made thereunder. 
(2) No suit or other legal proceeding shall lie against State Government for any damage 
caused or likely to be caused for any injury suffered or likely to be suffered by virtue of any 
provisions of this Act or by anything in good faith done or intended to be done in pursuance 
of this Act or the rules made thereunder. 
21. (1) The State Government may, after previous publication, make rules for carrying 
out the purposes of this Act. 
(2) The rules so made shall have effect as if they were incorporated in this Act. 
22. (I) The Calcutta Land-revenue Act, 1850, shall stand repealed with effect from 
such date as the State Government may, by notification in the Official Gazette, appoint. 
(2) Notwithstanding such repeal, anything done or any action taken under the Calcutta 
Land-revenue Act, 1850, shall be deemed to have been validly done or taken under the 
provisions of this Act. 
Preparation of 
record-of-rights. 
Protection of 
action taken 
under this Act .  
5 of 1908 
West Ben. Act 
LIX of 1980. 
West Belt Act X 
of 1956. 
Act XXIII of 
1850. 
By order of the Governor, 
A. K. BHATTACHARYA, 
Principal Secy. to the Govt. of West Bengal & 
Secy., Law Department. 
1'UI111shell h the I.ii tr Itcr ur PriatinF ffi tiLdionery. West lient,,a1 and printed by Malt. Supdt at Secretor) to Ilm GiRernur s I rest. Rol Kolkata" 

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