The West Bengal Acquisition And Settlement Of Homestead Land Act, 1969

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XV of 1969 
West 
Ben. Aot 
XXXIII 
of 1951. 
West Ben. 
Act XVII 
of 1965. 
Ben. Act 
XV of 
1932. 
Cooch 
Behar Act 
IV of 1903. 
Cooch 
Behar 
Act III of 
1944, 
West Ben. 
Act XVIII 
of 1056. 
U of 1929. 
THE WEST BENGAL ACQUISITION AND SETTLEMENT 
OF HOMESTEAD LAND ACT, 1969, 
[Passed by the West Bengal Legislature.] 
[MAsent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 11th August, 1969.] 
[11th August, 1969.] 
An Act to provide for the acquisition of land on which home. 
stead 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 settle-
ment of such land with the person in possession thereof ; 
It is hereby enacted in the Twentieth Year of the 
Republic of India, by the LegiSlature of West Bengal, as 
follows :- 
1. (1) This Act may be called the West Bengal Acqui- Short title 
sition and settlement of Homestead Land Act, 1969. 	 and 
oxtent. 
(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 Chanderuagore 
Municipal Act, 1955, and the Cantonments Act, 1924 
apply, 
2. In this Act, unless ,there is anything repugnant in Definitions. 
the subject or context,— 
(a) "agricultural land" means land ordinarily used for 
purposes of agriculture or horticulture and in-
cludes such land, notwiths•tanding that it may be 
lying fallow for the time being; 
. Price-20p: 
2 The West Bengal Acquisition and Settlement of Homestead 
Land Act, 1969. 
[west Ben. Act 
(Sections 3, 4.) 
(b) "Collector" means the Collector of a. district and 
includes an Additional District Magistrate or 
any other officer appointed by the State Govern-
ment 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, 1053; 
(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-Agri- 
cultural Tenancy Act, 1049; 
(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 lapd 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. 
West Ben. 
Act I of 
1954. 
West Ben, 
Act XX 
of 1949. 
Aet not to 
apply to 
certain 
lands. 
3. 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. 
Application 	 4. Where an occupier has constructed a homestead on 
to the 	 the land in his possession and has been residing therein 
Collector. continuously for a period of not less than three years imme-
diately before the date of coming into force of this Act, he 
may, within two years from such date, 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. 
The West Bengal Acquisition and Settlement of homestead 3 
Land Act, 1969. 
XV of 1969.] 
(Sections 5-8,) 
5. ' (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 continuously fur the period referred to in 
section 4. 
(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 two years from the date of coming iUto - forse of 
this Act. 
(3) For the purpose of an inquiry tinder 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 attend -We of any 
persOn. 'and examining him on oath; 
(b) _requiring the discovery and production of 
documents; 
(a) receiving evidence on. affidavits. 
Inquiry 
by bhe 
Collector. 
6. If the Collector is satisfied on an inquiry under Demarco.-
section 5 that an occupier has constructed a homestead on tion t_ f the land in his possession and has been residing therein of t he 
continuously-for the period referred to in section 4, he shall ana  
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. (1) After demarcation of the land under section 6 Acqui-
the Collector shall, by publishing in the Oj7lcial .Gazette _ttTinb'th
e and in such other manner as may be prescribed a notice in co nueotyor. 
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. 
8. When any land is acquired under section 1 there compon-
shall be paid compensation for such acquisition to every Elation. 
person interested and the amount of compensation shall be 
equivalent to twenty 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 for the Purpose of such 
compensation. 
The West Bengal Acquisition and Settlement of Homestead 
Land Act, 1969. 
[WeSt Ben. Act 
(Sections 9, 10.) 
Eaplanation.—The expression "person interested" in-
cludes all persons claiming an interest in compensation to 
be paid on account of the acquisition of land under the 
provisions of this Act and a person shall be deemed to be 
interested in land if he is interested in an easement affecting 
the land. 
Apportion- 	 9. Where there are several persons interested in the 
meat of oompensa- land acquired under section 7, the Collector shall by order 
tion. 	 apportion the compensation among such persons in accord- 
ance with the nature and extent of interest held by each 
such person. 
Occupier 
not liable 
o be 
evicted. 
10. (/) An occupier shall not be liable to be evicted or-
dispossessed from the land demarcated under section 6, not-
withstanding any judgment, decree or order of any courti 
for such eviction or dispossession. 
(2) In any suit or proceeding in any court for the eviction 
of an occupier from the land in his possession, including 
any such suit or proceeding pending on the date of coming 
into force of this Act, the occupier may— 
(a) if he has made an application under section 4, file 
A petition. to the court supported by a certificate 
from the Collector to the effect that he has done 
SA; 
(?b) if an inquiry has been started by the Collector on 
his own motion under sub-section (2) of section 5, 
file a petition to the court supported by a certi-
ficate from the Collector to the effect that the 
Collector has started the inquiry; 
if he has not made an application under section 4 
and if no inquiry has been started by the 
Collector On his own motion under sub-section (2) 
of section 5, file a petition to the court stating 
that he intends to make an application under 
section. 4. 
(3) On receipt of a petition under sub-section (2), the 
court shall,— 
,(a) if the occupier has made an application under 
section 4, stay the suit or the proceeding till the 
disposal of the application; 
(1)) if an inquiry has been started by the Collector on 
his own motion under sub-section (2) of section 5, 
stay the suit or the proceeding till the inquiry 
is made 
(0) 
The West Bengal Acquisition and Settlement of Homestead 5 
Land Act, 1969. 
XV oV 1969.] 
(Sections 11-13.) - 
if the , occupier has not made an application under 
section 4 and if no inquiry has been started by 
the Collector on his own motion under sub-
section (2) of section 5, direct the occupier to 
file a certificate from the Collector within a 
period of three months or within such further 
period as the court may grant stating that an 
application under section 4 has been made and 
on the filing of such certificate stay the suit or 
the proceeding till the disposal of the applica-
tion by the Collector. 
(4) The certificate referred to in clauses (a) and (b) of 
sub-section (2) shall, on application by an occupi er, b e  
issued by the Collector in such manner as may be 
prescribed. 
11. (1) When land is acquired under section 7, the 
Collector shall settle it with the occupier who has made the 
application under section 4.: 
(2) The occupier to whom any land is settled under sub-
section (1) shall have the status— 
(i) of a raiyat, if 'such land is agricultural land, or 
(ii) of a non-agricultural tenant, if such land is non-
agricultural land : 
Provided that such occupier shall not be liable to pay 
any revenue or rent for such land. 
12. Any person whose land has' been acquired under 
the provisions of section 7 shall be entitled— 
(a) if the land is included in any holding, to have the 
revenue payable by him abated by such amount 
as bears the same proportion to such revenue as 
the area of the land acquired bears to the area 
of such holding, and 
(b) if the land is included in any non-agricultural 
tenancy, to have the rent payable by, him abated 
by such amount as bears the same proportion to 
such rent as the area of the land acquired bears 
to the area of such tenancy. 
13. An appeal shall lie from an order under this Act,— 
(a) to the Collector of the district, where th6 order is 
• made by an officer below the rank of an Addi-
tional District Magistrate, and 
(b) to the Commissioner of the Division, where the 
order is made by the Collector of a district or 
an Additional District Magistrate, 
if preferred within thirty days from the date of the order 
appealed against and the decision of the Collector or of the 
Commissioner, as the case limy be, shall be final. 
Settlement of land and status of occupier. 
Abatement of revenue or rent. 
Appeal. 
6 The West Bengal Acquisition and Settlement of Homestead 
Land Act, 1969. 
west Ben. Act XV of 1969.r 
(Sections. 14-16.) 
Aot to 
override 
other 
laws. 
Power to 
make rules. 
Ilepealai 
savings. 
14. The provisions of this Act shall have effect not-
withstanding anything to the contrary contained in any 
other law or in any contract express or implied or in any 
instrument and notwithstanding any usage or custom to the 
contrary. 
15. (1) The State Government may make rules for 
carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the generality 
of the foregoing power, such rules may provide for. all or 
any of the following matters, namely : — 
(a) the form an manner of making application under 
section 4; 
(b) the manner of -making inquiry under sub-section (1) 
of section 5 ; 
(c) the manner of - publishing a notice under sub-
section (1) of section 7; 
(d) the manner of determining revenue or rent under 
section 8; 
(e) the manner of issuing a certificate referred to in 
section 10; 
(f) any other matter which has to be, or may be, 
prescribed. 
16. (1) The West Bengal Acquisition and Settlement Of 'West Ben 
Homestead Land Ordinance, 1969, is hereby repealed. 	 Ord. VII 
of 1969. (2) Anything done or any action taken under the West 
Bengal Acquisition and_ Settlement of Homestead Land 
Ordinance, 1969, shall be deemed to have been validly done 
or taken under this Act as if this Act had commenced on the
22.nd day of May, 1969. 
WEGP.6970-4353A-5B1 

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