The West Bengal Acquisition Of Homestead Land For Agricultural Labourers, Artisans And Fishermen Act, 1975

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XLVII of 1975 
THE WEST BENGAL ACQUISITION OF HOMESTEAD 
LAND FOR AGRICULTURAL LABOURERS, 
ARTISANS AND FISHERMEN ACT, 1975. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 5th January, 1976.] 
[5th January, 1976.] 
West Ben.  
Act XI 
of 1972. 
An Act to provide for the acquisition of land in rural areas on which 
homestead has been constructed by any person being an 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 in the Twenty-sixth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Acquisition of Short title 
Homestead Land for Agricultural Labourers, Artisans and Fishermen and extent. 
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. In this Act, unless there is anything repugnant in the subject or Definitions. 
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 Developmment 
Authority Act, 1972;  
223 
The West Bengal Acquisition of Homestead Land for Agricultural Labourers, 
Artisans and Fishermen Act, 1975. 
[West Ben. Act 
(Sections 3, 4.) 
(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 sub-division 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. 
Act not to 
apply to 
certain 
lands. 
Acquisition 
of lands for 
occupiers. 
3. 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. 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 dose not exceed .0334 hectare, 
such land, and 
(b) if the land in his *session 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. 
224 
The West Bengal Acquisition of Homestead Land for Agricultural Labourers, 
Artisans and Fishermen Act, 1975. 
XLVII of 1975.] 
(Sections 5-9.) 
5. 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. 
Amount to 
be paid. 
6. Where there are several persons interested in the land acquired Apportion- 
under section 4, the Collector shall, by order, apportion the amount [Went of the 
amount. 
amongst such persons in accordance with the nature and extent of 
interest held by each such person. 
7. An occupier in whose favour any land vests under section 4 shall status of 
have the status— occupier. 
(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 the occupier shall not be liable to pay any revenue or 
rent for such land. 
8. Any person whose land has been acquired under the provisions Abatement 
of section 4 shall be entitled— of revenue 
(a) if the land is included in an agricultural holding, to have the 
or rent. 
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 agricultural 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. 
9. (1) If there is any dispute on the question as to whether a land 
has vested in an occupier under the provisions of section 4, the matter 
shall be referred to the Collector, whose decision thereon shall be final. 
(2) The manner in which the Collector shall decide the dispute shall 
be such as may be prescribed. 
Settlement 
of dis-
putes. 
225 
The West Bengal Acquisition of Homestead Land for Agricultural Labourers, 
Artisans and Fishermen Act, 1975. 
[West Ben. Act XLVII of 1975.] 
(Sections 10-16.) 
Limitation 	 10. (1) Subject to the provisions of sub-section (2), no occupier on transfer 	 shall transfer any land or part thereof vested in him under section 4. by occu- 
pier. 	 (2) An occupier may transfer his land or part thereof by simple 
mortgage in favour of a scheduled bank, a co-operative land mortgage 
bank or a corporation, owned or controlled by the Central or the State 
Government or by both, or any other authority notified by the State 
Government in this behalf, for the development of such land. 
11. Any person who evicts an occupier unlawfully from the land or 
part thereof which has vested in him under section 4 shall be liable to 
imprisonment which may extend to six months or to a fine which may 
extend to one thousand rupees or to both. 
12. No court shall entertain any suit, application or proceeding in 
relation to any land or any part thereof which has vested in an occupier 
under section 4 and no occupier shall be liable to be evicted or 
dispossessed from such land notwithstanding any judgment, decree or 
order of any court for such eviction or dispossession. 
13. The provisions of this Act shall have effect notwithstanding 
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. 
14. It is hereby declared that this Act is for giving effect to 
the policy of the State towards securing the principles specified in 
clause (b) of article 39 of the Constitution of India. 
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 any matter which has to be 
or may be prescribed. 
Repeal and 	 16. (1) The West Bengal Acquisition of Homestead Land for West Ben. savings. 	 Agricultural Labourers and Artisans Ordinance, 1975, is hereby 	 75 m  
repealed. 
(2) Anything done or any action taken under the West Bengal 
Acquisition of Homestead Land for Agricultural Labourers and Artisans 
Ordinance, 1975 shall be deemed to have been validly done or taken 
under this Act as if this Act had commenced on the 24th day of 
September, 1975. 
Penalty for 
unlawful 
eviction. 
Bar to 
jurisdiction 
of civil 
courts. 
Act to 
override 
other laws. 
Declara-
tiorCas to 
policy of 
the State. 
Power to 
make rules. 
226 

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