The West Bengal Alienation Of Land ( Regulation ) Act, 1960

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XVI of 1960 
THE WEST BENGAL ALIENATION OF LAND 
(REGULATION) ACT, 1960. 
[Passed by the West Bengal Legislature.] 
[ Assent of the President was first published in the Calcutta act:Tile, 
Extraordinary, of the 7th October, 1960. ] 
[7th October, 1960.] 
An Act to regulate the alienation of land in certain cases. 
WHEREAS it is expedient in the public interest to provide 
for the regulation of alienation of land in certain cases; 
It is hereby enacted in the Eleventh Year of the Pepublic 
of India, by the Legislature of West Bengal, as follows:-- 
1. (I) This Act may be called the West Bengal Aliena-
tion of Land (Regulation) Act, 1960. 
(2) It extends to the whole of West Bengal. 
(3) It shall apply in the first instance to the district cf 
Darjeeling, but the State Government may, from time to time, by notification in the Official Gazette, apply it to such other area or areas as may be specified in such notification. 
Short title, 
extent and 
applica-tion. 
2. In this Act, unless there is anything epugnant in Defini-the subject or context,— tons,
"alienation" in relation to any land means the 
transfer, by sale, mortgage, lease, exchange, gift, 
will or otherwise, of such land; 
(2) "land" includes buildings or structures thereon and 
any right therein; 
(3) "prescribed" means prescribed by rules made by the 
State Government under this Act. 
3. The provisions of this Act shall have effect notwith- Act to 
standing anything to the contrary contained in any other law override 
for the time being in force or in any contract, express or other laws, 
implied, or in any instrument. 	 etc.  
Price—Indian, 12 nP. ; English, 3d. 
Restriction 
on aliena-
tion. 
With-
Lolding of 
nnctien. 
Conse-
quences of 
alienation 
in contra-
vention of 
section 4. 
2 The West Bengal Alienation of Land (Regulation 
Act, 1960. 
[West Ben. Act 
(Sections 4-7) 
4. No person shall, without the previous sanction of the 
State Government obtained in such manner as may be 
prescribed, make any alienation of any land in favour of any 
person when such person is— 
(/) an individual who is not a citizen of India, or 
(2) a body corporate or firm, of which the majority of 
the directors, shareholders or partners, as the case 
may be, are not citizens of India, or which is 
formed and registered outside India. 
5. The sanction referred to in section 4 may be withheld 
if— - 
(1) the transferee is, in the opinion of the State Govern-
ment, unsuitable, or 
(2) the area proposed to be alienated exceeds such limit 
as may be prescribed having regard to the avail-
ability of land in the locality :or the use of the 
people of the locality, or 
(3) the proposed alienation is, in the opinion of the State 
Government,-prejudicial to the publif., interest. 
6. (1) Any alienation of any land made in contraven-
tion of the provisions of section 4 shall be -void and of •no 
effect and the land so alienated shall vest in the State Govern-
ment from the date of alienation free from all ineumbrances. 
(2) The Collector may, after giving the parties an 
opportunity of being heard, by order,— 
(a) direct any person in whose possession or control any 
land or part of land vested in the State Govern-
ment under sub-section (1) may be to deliver 
possession thereof to the State Government, 
(b) impose on the transferor a penalty which may amount 
to double the consideration for which such laud 
was alienated, and 
if, in the opinion of the Collector, there are circum-
stances justifying a refund of -;,-hie consideration, 
if any, paid by the transferee in respect of such 
land, allow the transferee such refund. 
.(3) The penalty imposed under clause (1)) of sub-
section (2) shall be recoverable as an arrear of land revenue 
payable to the Collector. 
(a) 
Delivery of 	 7;  (.1) On the issue by the Collector of an order under 
possession clause (a) of sub-section (2) of section 6 directing the delivery of land to of possession of any land or part of land to the State Govern- State 
Govern- 	 ment, any person in whose possession or control such land or 
ment and part may be shall forthwith deliver possession thereof to the penalty. 	 State Government. 
Ben. Act 
IV of 1.866 
The West Bengal Alienation of Land (Regulation ) 3 . 	 Act, 1960. 
XVI of 1960.] 
(Sections 8-10.) • 
(2) If any person refuses or fails to comply -with the provisions of sub-section (1), the Collector 
(a) if he is a Magistrate, enforce the delivery to the 
State Government of possession of the land or part 
of land in respect of which such refusal has been 
made or failure has been committed, cq 
(b) if he is not a Magistrate, apply to a Magistrate or, 
within the town of Calcutta as defined in seeiion 3 
of the Calcutta Police Act, 1866, to the Commis-
sioner of Police, and such Magistrate or Commis-
sioner, as the case may be, shall enforce. the 
delivery to the State Government of pOssession cf 
such land or -part of land. 
(3) Whoever refuses or wilfully obstructs the delivery to 
the State Government of possession of any land or part of 
land, delivery of possession whereof to the State Government 
has been directed by the Collector by an • order under 
clause (a) of sub-section (2) of section 6, shall, on conviction 
before a Magistrate, be punishable, without prejudice to any 
other penalty to which he may be liable under any other law 
for the time being in force, with fine which may extend to 
two thousand rupees. 
8. Any land vested in the State Government under sub- Disposal of section (1) of section 6 shall be dealt with and disposed of by land vested  
the State Government in such manner as may be prescribed. i4lotrn43 t - 
ment under 
section 
6(1). 
9. The State Government may, by notification in the Delegation Official Gazette, direct that the powers exercisable by it under of powers. 
this Act shall, in such circumstances and under such 
conditions, if any, as may be specified in the notification, be 
exercisable also by an officer subordinate to it. 
10. No suit or other legal proceeding shall lie against 
the State Government, any officer subordinate to it or any 
other person for any damage caused or likely to be caused or 
any injury suffered or likely to be suffered by virtue of any 
provision of this Act or for anything in good faith done or 
intended to be done in pursuance of this Act or any rule or 
order made thereunder. 
Indemnity. 
Orders 
under the 
Act not to 
be 
impugned. 
Power to 
make 
rules. 
4 	 The West Bengal Alienation of Land (Regulation) Act, 
1960. 
[West Ben. Act XVI of 1960.] 
(Sections 11-13.) 
11. No order made under this Act shall be called in 
question in any civil or criminal court. 
12. (1) The State Government may make rules for 
carryihg out the purposes of this Aet. 
(2) In particular and without prejudice to the generality 
of the foregoing power, such rules may provide for any 
matter which is required to be or may be prescribed under 
this Act. 
Repeal and 	 13. (1) The West Bengal Alienation of Land (itegula- 
savings. 	 tion) Ordinance, 1960, is hereby repealed. 
(2) Notwithstanding such repeal or notwithstanding the 
said Ordinance having ceased to operate before such repeal, 
anything done or any action taken under the West Bengal 
Alienation of Land (Regulation) Ordinance, 1960 shall be 
deemed to have been validly done or taken under this Act as 
if this Act had commenced on the 20th day of June, 1960. 
West Ber, 
Ord. VII 
of 1960. 
WBGP-60/1•5362A-5A1 

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