The West Bengal Comprehensive Area Development Act, 1974

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXIX of 1974 
THE WEST BENGAL COMPREHENSIVE AREA 
DEVELOPMENT ACT, 1974. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 4th September, 1974.] 
[4th September, 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 in the Twenty-fifth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Comprehensive Short title, 
Area Development Act, 1974. 	 extent and 
(2) It extends to the whole of West Bengal. 	 commencement. 
(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. In this Act, unless there is anything repugnant in the subject or Definitions. 
context,— 
(a) "agricultural production" includes production of agricul-
ture, 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 
197 
The West.Sengal Comprehensive Area Development Act, 1974. 
[West Ben. Act 
Establishment 
of the 
Comprehensive 
Area 
Development 
Corporation. 
Members and 
their terms of 
office. 
Removal of a 
member from 
office. 
Executive 
Vice-
Chairman. 
(Sections 3-6.) 
notification in the Official Gazette, specify as agricultural 
production; 
(b) "Corporation" means the West Bengal Comprehensive 
Area Development Corporation established under sub-
section (I) of section 3; 
(c) "cultivator" means a person engaged in agricultural 
production either in the capacity of an owner or 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; 
(h "project" includes scheme or schemes undertaken within a 
notified area for the purpose of fulfilling the objects 
referred to in section 8; 
(g) "regulations" means regulations made by the Corporation 
under this Act. 
3. (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 AreiDevelopment 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. (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. 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. (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. 
198 
The West Bengal Comprehensive Area Development Act, 1974. 
XXXIX of 1974.] 
(Sections 7-10.) 
(2) The Executive Vice-Chairman shall exercise such powers 
and perform such duties as may be provided by regulations. 
7. 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. 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. 
9. The Corporation shall, for the purpose of carrying out its 
functions under this Act, have the following powers, namely:— 
(a) to acquire, hold and dispose of movable and immovable 
property; 
(b) to incur expenditure in the discharge of its functions under 
this Act; 
(c) to borrow money with or without interest subject to such 
terms and conditions as may be prescribed, and for that 
purpose pledge, hypothecate or mortgage any of its assets; 
(d) to advance loans on such terms and conditions as may be 
prescribed; 
(e) to write off loans subject to such conditions as may be 
prescribed; 
(f) to enter into or perform such contracts as may be necessary 
for the performance of its duties and the exercise of its 
powers under this Act. 
10. (1) The Corporation shall meet at such times and at such places 
and observe such rules of procedure in regard to the transaction of 
business at its meetings as may be provided by regulations. 
(2) The first meeting of the Corporation shall be held in 
accordance with such procedure as may be prescribed. 
Officers and 
other 
employees of 
the 
Corporation. 
Objects of the 
Corporation. 
Powers of the 
Corporation. 
Meetings of 
the 
Corporation. 
199 
The West Bengal Comprehensive Area Development Act, 1974. 
[West Ben. Act 
(Sections 11-15.) 
Committees. 
Grants, loans, 
etc., in favour 
of the 
Corporation. 
District 
Comprehensive 
Area 
Development 
Councils. 
Projects and its 
contents. 
Power of the 
State 
Government to 
sanction or 
reject a 
project. 
11. The Corporation may, by resolution, constitute different 
committees consisting of such number of persons not exceeding five, 
on such terms and conditions and for such purposes in connection with 
execution of any scheme or schemes, as may be specified in the 
resolution. 
12. The State Government may, from time to time, make grants and 
advance loans to, and act as a guarantor for loans to be obtained by, the 
Corporation for the purposes of this Act on such terms and conditions 
as the State Government may determine in each case. 
13. (1) The Corporation shall constitute for each district a District 
Comprehensive Area Development Council (hereinafter referred to as 
the Council) with a view to aiding and advising the Corporation with 
regard to the projects undertaken in the district. 
(2) The Council shall consist of the District Magistrate, the 
Project Directors of the projects undertaken in the district, the District 
Agricultural Officer or the Principal Agricultural Officer, as the case 
may be, a representative each from the District Planning Committee, 
the Advisory Board of the Project concerned and the Zilla Parishad 
and such other persons as the Corporation may deem fit to appoint. 
(3) The Council shall have a Chairman to be elected from 
amongst the members of the Council and it shall meet at such times 
and at such places and shall observe such rules of procedure in regard 
to transaction of business at its meetings as may be provided by 
regulations. 
14. (1) The Corporation shall, with the previous approval of the 
State Government, select the area where any project is to be undertaken 
and shall submit to the State Government for its approval the 
particulars of such project together with the financial implications. 
(2) The particulars of a project referred to in sub-section (1) 
may include the existing as well as future provisions relating to such 
infra-structure and other facilities as roads, drainage, bundhs, major 
and minor irrigation, electricity, warehouses, cold storages, provision 
of staff quarters, approved centres of marketing, extension, education 
and training programmes, development of co-operatives, etc. 
15. (I) The State Government may approve either with or without 
modification, or may refuse to approve, any project submitted to it 
under section 14. 
(2) Whenever the State Government approves any project 
under sub-section (1), it shall publish a notification in the Official 
Gazette, specifying the area in which the project shall be implemented. 
200 
The West Bengal Comprehensive Area Development Act, 1974. 
XXXIX of 1974.] 
(Sections 16,17.) 
16. (1) For each project there shall be a Project Director and an 
Advisory Board to be appointed by the Corporation. 
(2) An Advisory Board shall consist of such number of persons 
as may be determined by the Corporation and shall include persons 
belonging to the following categories, namely :— 
(i) marginal farmers, 
(ii) small farmers, 
(iii) labourers, 
(iv) progressive farmers, 
(v) share-croppers, 
(vi) one representative each from the Farmers' Co-operative 
Societies within the notified area, 
(vii) Block Development Officers and all Extension Officers 
at the block level, 
(viii) officials of the Corporation to be nominated by the 
Corporation, 
(ix) one representative each from the Gram Panchayats and 
Panchayat Samities included within the notified area, 
(x) persons interested in agricultural production, and 
(xi) persons with experience and knowledge of financial 
affairs. 
(3) The powers and functions of the Advisory Board and the 
terms and conditions of service of the Project Director shall be such as 
may be provided by regulations. 
Explanation :—For the purposes of this section,— 
(a) a marginal farmer means a person who owns land 
measuring not more than one hectare, and 
(b) a small fanner means a person who owns land measur-
ing more than one hectare but less than two hectares. 
17. Subject to the provisions of any regulations or any directions 
given by the Corporation, the Project Director shall be in overall and 
immediate charge of implementation of any project approved by the 
State Government under sub-section (1) of section 15. 
Project 
Director and 
Advisory 
Board. 
Functions of 
the Project 
Director. 
201 
(iii)  
(iv)  
The West Bengal Comprehensive Area Development Act, 1974. 
[West Ben. Act 
(Sections 18,19.) 
Consequences 
of a 
notification 
under section 
15. 
18. On a notification under sub-section (2) of section 15 being 
published in the Official Gazette, it shall be the duty of each cultivator— 
(1) to follow the directions of the Project Director with regard 
to the following matters, namely 
(i) the manner in which cultivation is to be carried out; 
(ii) the crops which are to be raised and the rotation of such 
crops; 
the manner of carrying on any other agricultural production; 
the application and use of various inputs for agricultural 
production such as, seeds, pesticides, manures, fertilisers, 
fingerlings, fodder, poultry feed, and such other items as 
may be provided by regulations; 
provision for field channels for carrying water for purposes 
of irrigation; 
provision for drainage; 
location of wells, tube-wells, pumps and other sources of 
irrigation; 
erection and removal of fences over lands; 
provision of pastures; and 
such other matters as may be provided by regulations ; 
(2) to submit returns within such time and in such manner as 
may be provided by regulations containing a true and accurate 
statement regarding the following matters, namely:— 
(i) 
Corporation to 
act as co-
ordinator. 
area of land cultivated by him, the classification of such 
land, his interest therein and incumbrances on such land, 
if any; 
(ii) the nature and quantity of agricultural production raised 
by him; 
(iii) any other matter which may be provided by regulations. 
19. The State Government shall, for carrying out the purposes of this 
Act, have powers to issue such directions as may be necessary with a 
view to co-ordinating and integrating the activities of such agencies as 
the West Bengal Minorlrrigation Corporation, the Rural Electrification 
Corporation, the Fertilizer Corporation and the Agro-Industries 
Corporation and any other Corporation constituted under any law for 
the time being in force. 
202 
The West Bengal Comprehensive Area Development Act, 1974. 
XXXIX of 1974.1 
(Sections 20-22.) 
20. (1) The Project Director shall arrange for giving such loans to Loans to 
cultivators. 
the cultivators as may be considered necessary for the purpose of 
augmenting agricultural production. 
(2) The Project Director may act as an agent of any bank or 
other financial institution in the matter of distribution of loan or as an 
agent of the cultivator in the matter of obtaining such loan and he may 
also act as an agent for recovery of loan due from the cultivators. 
(3) Any loan advanced to a cultivator under this section 
including any interest chargeable thereon shall be the first charge on 
the crop raised or on the output of any other agricultural production 
carried on by the cultivator as well as on any other property acquired 
by him through such loan. 
(4) Any loan advanced by or through the Project Director 
including the interest chargeable thereon shall be recoverable as a 
Ben. Act of 
	
1913. 	 public demand under the Bengal Public Demands Recovery Act, 1R13. 
21. In each notified area there shall be one or more Debt Settlement 
Ben. Act VI of Boards to be established under sub-section (1) of section 3 of the 
	
1936. 	 Bengal Agricultural Debtors Act, 1936, which shall settle all 
outstanding debts in accordance with the provisions of the said Act 
notwithstanding that any such debt had been incurred after the first day 
of January, 1940. 
22. Notwithstanding anything to the contrary contained in the West Setting up of 
Bengal Agricultural Produce Marketing (Regulation) Act, 1972— 	 warehouses. 
(1) in each notified area— 
(i) the Project Director may arrange for setting up 
marketing centres, equipped with warehouse and such 
other facilities including processing as may be 
required for profitable disposal of any agricultural 
production, and 
(ii) every cultivator shall, with a view to discharging any of 
his liabilities referred to in clause (2) deposit in the 
warehouses such quantity of agricultural production as 
may be directed by the Project Director; 
(2) the Project Director shall sell or cause to be sold the 
agricultural production deposited by a cultivator under clause (1) and 
pay to him the price thereof after deducting therefrom— 
(i) such marketing fee, storage and service charges not 
exceeding six per cent. of the market value of the gross 
Constitution 
of Debt 
Settlement 
Boards. 
West Ben. Act 
XXX of 1972. 
203 
The West Bengal Comprehensive Area Development Act, 1974. 
[West Ben. Act 
(Sections 23-27.) 
Setting up of 
Dharmagolas. 
Powers of the 
Project 
Director under 
West Ben. Act 
XVI of 1969. 
agricultural production obtained by him as may be 
prescribed, 
(ii) the amount of any loan or advance together with interest 
thereon as may be found due against him, and 
(iii) the amount of any debt found due against him by the 
Debt Settlement Board under section 21. 
23. (1) Notwithstanding anything contained in section 22, there 
shall be one or more Dharmagolas to be set up by the Project Director 
in such manner as may be provided by regulations in which shall be 
stored all items of agricultural production received from the cultivators 
as voluntary contribution together with all other receipts referred to in 
section 24. 
(2) The Project Director may advance loan of any item of 
agricultural production from such Dharmagolas to persons in distress 
residing within the notified area subject to such terms and conditions 
as may be provided by regulations. 
24. Notwithstanding anything contained in the West Bengal 
Utilisation of Land for Production of Food Crops Act, 1969, the 
Project Director shall have all the powers of a Collector under the 
said Act and the share due to the Collector amounting to ten per cent 
of the gross produce of any land requisitioned under that Act within a 
notified area shall be deposited in the Dharmagola set up under 
sub-section (1) of section 23. 
25. Where any land is cultivated by a bargadar, sharing of the crop 
between an owner and a bargadar shall be according to the provisions 
of the West Bengal Land Reforms Act, 1955. 
26. The Corporation may by order delegate to the Project Director 
such of its powers and functions as it considers necessary or expedient. 
27. (1) If any cultivator defaults in following any of the directions 
referred to in sub-section (1) of section 18 or in submitting any of the 
returns referred to in sub-section (2) of that section or in depositing the 
required quantity of agricultural production referred to in clause (1) of 
section 22, the Project Director shall bring to the notice of the cultivator 
the nature of default made by him and shall also direct him to fulfil his 
obligations within such period as may be prescribed. 
(2) If the cultivator does not comply with the directions issued 
by the Project Director under sub-section (1), a Board consisting of 
Share of crop 
between 
owner and 
bargadar. 
Delegation. 
Penalty. 
West Ben. Act 
X of 1956. 
204 
The West Bengal Comprehensive Area Development Act, 1974. 
XXXIX of 1974.] 
(Sections 28, 29.) 
such number of persons not exceeding five to be appointed by the State 
Government in this behalf, upon complaint made to it by the Project 
Director, may, in such manner as may be prescribed and after giving 
the cultivator an opportunity to show cause against the action proposed 
to be taken, impose upon him a fine not exceeding five hundred rupees, 
and where the breach is a continuing one a further fine not exceeding 
twenty-five rupees for each day during which the breach continues and 
such fine if not duly paid shall be recoverable as a public demand under 
Ben. Act III of the Bengal Public Demands Recovery Act, 1913. 
1913. 	 (3) Any person aggrieved by an order passed by the Board 
under sub-section (2) may appeal to the Collector of the district within 
such time and in such manner as may be prescribed and the order 
passed by the Collector upon such appeal shall be final. 
Bengal Comprehensive Area Development Corporation Fund to which 
28. (1) The Corporation shall have a fund to be called the West Fund of the 
Corporation. 
shall be credited— 
(a) all moneys received from the State Government as 
grants and loans advanced under section 12; 
(b) all moneys borrowed by the Corporation under clause 
(c) of section 9; 
(c) all marketing fees, storage and service charges realised 
under sub-clause (i) of clause (2) of section 22; 
(d) any other receipts. 
(2) The fund shall vest in the Corporation and shall be under its 
control arid shall be held in trust for the purposes of this Act. 
(3) All moneys belonging to the Corporation shall be deposited 
in such custody and in such manner as the State Government may, by 
special or general order, direct. 
(4) The accounts of the Corporation shall be operated either 
jointly or severally as the Corporation may direct by order made in this 
behalf, by the Executive Vice-Chairman and such other officer or 
officers of the Corporation as it may authorise. 
29. (1) The Corporation shall in each year, by such date and in such Budget. 
form as may be prescribed, prepare a budget estimate showing the 
anticipated income and expenditure of the Corporation for the next 
financial year as well as a revised estimate showing the income and 
expenditure of the Corporation for the current financial year and shall 
submit to the State Government a copy each of such budget estimate 
and revised estimate within such time as may be prescribed. 
(2) The State Government may either approve or modify within 
such time and in such manner as may be prescribed the budget estimate 
and the revised estimate. 
205 
The West Bengal Comprehensive Area Development Act, 1974. 
[West Ben. Act 
Restriction as 
to expenditure. 
Accounts and 
audit. 
Fixing 
minimum 
wages for 
agricultural 
labourer. 
Notice to he 
given in case 
of registration 
of an 
instrument for 
transfer of 
holding. 
Certain 
persons to be 
deemed to be 
public servants. 
Indemnity. 
Power to 
remove 
difficulties. 
(Sections 30-36) 
30. 'No expenditure shall be incurred by the Corporation from its 
fund except for the purposes of this Act, and unless such expenditure 
is provided for in the budget estimate, or the revised estimate as the 
case may be. 
31. (1) The accounts of the Corporation shall be maintained and an 
annual statement of accounts prepared in such form and in such manner 
as may be prescribed. 
(2) The accounts of the Corporation shall be audited annually 
by an auditor appointed by the State Government. 
(3) On receipt of the auditor's report, the Corporation shall 
forward the same along with the audited accounts to the State 
Government, and the State Government may issue such directions as 
it thinks fit in relation to such report and accounts, and the Corporation 
shall comply with such directions. 
32. Whenever the Corporation is of opinion that the minimum rate 
or rates of wages payable to any class of agricultural labourers ought 
to be fixed or revised the Corporation shall make a reference in this 
behalf to the State Government and the State Government shall take 
such steps as may be necessary in order to fix or revise such wages in 
accordance with the provisions of the Minimum Wages Act, 1948: 
Provided that the rate or rates of wages payable to any class 
of agricultural labourers may, if the Corporation so thinks fit, be 
higher than the minimum wages notified under the Minimum 
Wages Act, 1948. 
33. Notwithstanding anything to the contrary contained in the West 
Bengal Land Reforms Act, 1955, the Registering Officer shall not 
accept for registration any instrument for transfer of the holding of a 
raiyat or a share or portion thereof within the area notified under sub-
section (2) of section 15, unless there is tendered along with it a notice 
giving the particulars of the transfer in the prescribed form for 
transmission to the Corporation. 
34. The members of the Corporation and of the Council and persons 
in the service of the Corporation shall be deemed to be public servants 
within the meaning of section 21 of the Indian Penal Code. 
35. No suit, prosecution or other legal proceeding whatsoever shall 
lie against any person for anything in good faith done or intended to be 
done under this Act. 
36. If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may make such order or do such thing, not 
11-  of 1948. 
West Ben. Act 
X of 1956. 
45 of 1860. 
206 
The West Bengal Comprehensive Area Development Act, 1974. 
XXXIX of 1974.] 
(Sections 37, 38.) 
inconsistent with the provisions of this Act, as appears to it to be 
necessary or expedient for removing the difficulty. 
.37. (1) The State Government may, by notification in the Official 
Gazette, make rules for carrying out the purposes of this Act. 
(2) Without prejudice to the generality of the foregoing power 
such rules may provide for all or any of the following matters, 
namely:— 
Power to make 
rules. 
(a) the term of office of, and the manner of filling casual 
vacancies among, the members of the Corporation referred 
to in sub-section (2) of section 4; 
(b) the terms and conditions of service of the Executive Vice-
Chairman referred to in sub-section (1) of section 6; 
(c) the conditions subject to which officers and other employees 
of the Corporation are to be appointed under section 7; 
the terms and conditions subject to which the Corporation 
may borrow money, advance loans or write off loans under 
clauses (c), (d) and (e) of section 9; 
(e) the procedure in connection with the first meeting of the 
Corporation referred to in sub-section (2) of section 10; 
(f) the rates of marketing fee, storage and service charges under 
sub-clause (i) of clause (2) of section 22; 
the period within which obligations are to be fulfilled 
referred to in sub-section (1), the manner of hearing 
objections referred to in sub-section (2), and the time and 
manner of filing appeal under sub-section (3), of section 27; 
(h) the date by which and the form in which a budget estimate 
and a revised estimate shall be prepared and the time within 
which such budget estimate and revised estimate shall be 
submitted to the State Government under sub-section (1), 
and the time within which and the manner in which the State 
Government may approve or modify such budget estimate 
and revised estimate under sub-section (2), of section 29; 
(i) the form and manner in which the annual statement of 
accounts shall be prepared under sub-section (1) of 
section 31; 
(j) any other matter which may be, or is required to be, 
prescribed. 
38. (1) The Corporation may, with the previous sanction of the Regulations. 
State Government, make regulations not inconsistent with this Act 
and the rules made thereunder for the administration of the affairs of 
the Corporation. 
(d) 
(g) 
207 
The West Bengal Comprehensive Area Development Act, 1974. 
[West Ben. Act XXX1X of 1974.] 
(Section 39.) 
Act to 
override the 
provisions of 
other laws. 
(2) Without prejudice to the generality of the foregoing power, 
such regulations may provide for all or any of the following matters, 
namely:— 
(a) powers to be exercised and duties to be performed by the 
Executive Vice-Chairman of the Corporation referred to in 
sub-section (2) of section 6; 
(b) the terms and conditions of service of the officers and other 
employees of the Corporation appointed under section 7; 
(c) place, time and number of meetings of the Corporation and 
the rules of procedure to be followed at such meetings 
referred to in sub-section (1) of section 10; 
(d) place, time and number of meetings of the District 
Comprehensive Area Development Councils and the rules 
of procedure to be followed at such meetings referred to in 
sub-section (3) of section 13; 
(e) powers and functions of the Advisory Board and the terms 
and conditions of service of the Project Director referred to 
in sub-section (3) of section 16; 
(f) conditions subject to which the Project Director shall 
discharge his functions under section 17; 
other items referred to in sub-clause (iv), and mattgrs 
referred to in sub-clause (x), of clause (1) of section 18, 
regarding which the Project Director may issue directions; 
(h) time within which and manner in which a return is to be 
submitted under clause (2) of section 18; 
manner in which Dharmagolas are to be set up under sub-
section (1), and the terms and conditions subject to which 
loan of any item of agricultural production is to be advanced 
under sub-section (2), of section 23; 
any other matter which may be, or is required to be, 
provided by regulations. 
39. 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 
custom or usage to the contrary. 
(g)  
(0 
(1) 
208 

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