The West Bengal Government Land ( Regulation Of Transfer ) Act, 1993

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXVII of 1993 
THE WEST BENGAL GOVERNMENT LAND 
(REGULATION OF TRANSFER) ACT, 1993. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 4th March, 1997.] 
[4th March, 1997.] 
An Act to provide for the regulation of transfer of Government land and 
for certain incidental matters. 
WHEREAS it is expedient to provide for the regulation of transfer of 
Government land leased to persons of different categories of income and 
different cross-section of people with a view to preventing illegal transfer 
of such Government land and possession thereof for speculative purposes 
and ensuring the use of such Government land by persons, eligible for 
allotment of such Government land, for whom, and for the purpose for 
which, such Government land is intended and for certain incidental 
matters; 
It is hereby enacted in the Forty-fourth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Government Land Short title, 
(Regulation of Transfer) Act, 1993. 	 extend and  commence- 
(2) It extends to the whole of West Bengal. 	 ment. 
(3) It shall come into force at once. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "appellate authority" means any authority, not below the rank 
of District Judge, appointed by the Government in respect of 
any Government estate or class of Government estates by 
notification for the purposes of this Act, and includes different 
such authorities for different Government estates or different 
classes of Government estates; 
417 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
[West Ben. Act 
(Chapter L—Preliminary.—Section 2.) 
(b) "competent authority" means any officer, not below the rank 
of Deputy Magistrate, appointed by the State Government 
by notification to perform the functions of the competent 
authority under this Act in respect of such Government estate 
or Government estates or class of Government estates or 
classes of Government estates as may be specified in the 
notification; 
(c) "family" has the same meaning as in clause (2) of the 
Explanation to clause (1) of sub-section (1) of section 13 of 
the West Bengal Premises Tenancy Act, 1956; 	 West Ben. 
ActXII of 
(d) "Government estate", in relation to any local area, means an 1956. 
area planned or developed by the State Government or any 
Government undertaking for residential or commercial 
purpose or for such other purpose as the State Government 
or the Government undertaking, as the case may be, may 
determine; 
(e) "Government land" means any land comprised in a 
Government estate; 
(f) "Government undertaking" means a body corporate 
constituted by or under a State Act and owned or controlled 
or managed by the State Government, and includes any 
company, as defined in section 3 of the Companies Act, 1956, 1 of 1956. 
which is under the management of, or in which not less than 
fifty-one per cent of the paid up share capital is held by the 
State Government; 
(g) "land" includes buildings and other things attached to the 
earth or permanently fastened to anything attached to the 
earth. 
Explanation.—"Buildi ng" shall include a building under 
construction; 
(h) "lease" has the same meaning as in the Transfer of Property 4 of 1882. 
Act, 1882; 
(i) "lessee" includes an individual, a family, a firm, a company, 
or an association or body of individuals, whether incorporated 
or not; 
(j) "notification" means a notification published in the Official 
Gazette; 
(k) "prescribed" means prescribed by rules made under this 
Act; 
418 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
XXVII of 1993.] 
(Chapter 1—Preliminary—Sec on 2.) 
7 of 1882. 
West Ben. 
Act XII of 
1956. 
(1) "relation" means,— 
(A) in the case of an individual or family,— 
(a) any of the two persons who are said to be related 
to each other so as one is the father, mother, brother 
or sister of the other, or 
(b) any of the two persons who are said to be related 
to each other by marriage, such as husband and 
wife, 
but does not include— 
(i) any of the two persons who are said to be related 
to each other by half blood when they are 
descended from a common ancestor but by 
different wives, or 
(ii) any of the two persons who are said to be related 
to each other by uterine blood when they are 
descended from a common ancestress but by 
different husbands, or 
(iii) any of the two persons who are said to be related 
to each other so as one is the stepfather or 
stepmother of the other; 
(B) in the case of a firm, company or association or body of 
individuals, whether incorporated or not, any other body 
corporate under any law for the time being in force or 
registered or established under any law for the time 
being in force and compatible with such firm, company 
or association or body of individuals. 
Explanation.—In this clause, "ancestor" includes 
the father and "ancestress" the mother; 
(m) "transfer of Government land" includes the transfer of any 
right, title, interest or possession in such land, either 
in whole or in part, and also includes the transfer to a 
tenant or licensee of the right of enjoyment of such land or 
the transfer of management of such land by an instrument 
creating a power-of-attorney within the meaning of 
the Powers-of-Attorney Act, 1882, or by any other 
instrument having effect by virtue of any law other than 
this Act. 
Explanation.—"Tenant" shall have the same meaning as 
in the West Bengal Premises Tenancy Act, 1956. 
419 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
[West Ben. Act 
(Chapter II Barto application of certain enactments.—Sections 3-5.—
Chapter Ill.—Transfer or sale of Government land—Section 6.) 
Certain 
enactments 
not to apply 
to transfer of 
Government 
land. 
CHAPTER II 
Bar to application of certain enactments 
3. Notwithstanding anything contained in this Act or in any other 
law for the trine being in force or in any instrument having effect by 
virtue of any law other than this Act, or in any decree or order of any 
court, tribunal or other authority, nothing contained in the Transfer of 
Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal 
Premises Tenancy Act, 1956, shall apply, or shall be deemed ever to 
have applied, to any transfer of Government land to a lessee, either by 
lease or by any other instrument, by or on behalf of the State Government, 
and such transfer of Government land shall take effect, and shall be 
deemed always to have taken effect, as if the Transfer of Property Act, 
1882, or the Indian Contract Act, 1872, or the West Bengal Premises 
Tenancy Act, 1956, had not been passed. 
Bar to 
registration 
of document. 
Permission 
by competent 
authority to 
be valid not 
withstanding 
anything to 
the contrary 
contained in 
the Act or in 
any other 
law. 
4 of 1882. 
9 of 1872. 
West Ben. 
Act XII 
of 1956.  
4. Notwithstanding anything contained in the Registration Act, 1 6 of 1908. 
1908, no registering officer shall register any document relating to the 
transfer of Government land, held by any lessee on lease, in favour of 
any person, not being the State Government or a Government 
undertaking, except with the permission granted by the competent 
authority in writing in this behalf. 
5. Any restriction, condition or limitation contained in the 
permission as aforesaid shall be valid and shall take effect according to 
its tenor and intent, notwithstanding anything to the contrary contained 
in this Act or in any other law for the time being in force or in any 
instrument having effect by virtue of any law other than this Act, or in 
any decree or order of any court, tribunal or other authority. 
Bar to 
transfer of 
Government 
land. 
CHAPTER III 
Transfer or sale of Government land 
6. (1) Save as otherwise provided in this Act, no transfer of 
Government land held on lease by any lessee shall be made in favour of 
any person,- not being the State Government or a Government 
undertaking. 
(2) Any transfer of Government land made by any lessee shall be 
subject to the provisions of this Act. 
420 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
XXVII of 1993.] 
(Chapter 111.—Transfer or sale of Government land.—Sections 7-9.) 
7. (1) Notwithstanding anything contained in this Act, a lessee 
may, for the purpose of transfer of Government land held by him on 
lease to his relation, make an application to the competent authority in 
such manner as may be prescribed. 
(2) The competent authority shall, on receipt of the application under 
sub-section (1), cause such enquiry as it thinks fit and shall, after being 
satisfied that the transfer of such Government land is intended to be 
made by the lessee in favour of his relation eligible for allotment of 
such Government land under any scheme of allotment by the State 
Government of such Government land for the time being in force, grant 
permission for such transfer on such condition and in such form as may 
be prescribed. 
8. (1) Notwithstanding anything contained in this Act, a lessee 
may, for the purpose of transfer of the right of enjoyment of Government 
land held by him on lease to any person, not being the State Government 
or a Government undertaking, as a tenant or licensee for a limited period 
on account of his being unable to undertake the maintenance of any 
building thereon, make an application to the competent authority in such 
manner as may be prescribed. 
(2) The competent authority shall, on receipt of the application under 
sub-section (1), cause such enquiry as it think fit and shall, after being 
satisfied that the transfer of the right of enjoyment of such Government 
land is intended to be made by the lessee in favour of a tenant or licensee, 
as the case may be, eligible for allotment of such Government land under 
any scheme of allotment by the State Government of such Government 
land for the time being in force for a limited period on account of the 
inability of the lessee or his family occupying the building as aforesaid 
to undertake the maintenance of such building, grant permission for 
such transfer on such condition and in such form as may be prescribed. 
9. (1) Notwithstanding anything contained in this Act, a lessee 
may, for the purpose of transfer of management of Government land 
held by him on lease to any person, not being the State Government or a 
Government undertaking, by an instrument creating a power-of-attorney 
7 of 1882. 
	
	 within the meaning of the Powers-of-Attorney Act, 1882, or by any other 
instrument having effect by virtue of any law other than this Act, for 
reasons beyond his control, make an application to the competent authority 
in such manner as may be prescribed. 
Transfer of 
Government 
land to 
relation. 
Transfer of 
right of 
enjoyment of 
Government 
land to 
tenant or 
licensee. 
Transfer of 
manage-
mnet of 
Government 
land by 
instrument 
creating a 
power-of-
attorney. 
421 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
[West Ben. Act 
(Chapter ILL—Transfer or sale of Government land—Section 10.) 
(2) The competent authority shall, on receipt of the application under 
sub-section (1), cause such enquiry as it thinks fit and shall, after being 
satisfied that the transfer of management of such Government land to 
such person by the lessee is necessary, grant permission for such transfer 
in such form as may be prescribed. 
Disposal of 
Government 
land by 
lessee. 
10. (1) Notwithstanding anything contained in this Act, a lessee, 
who intends to dispose of any Government land held by him on lease for 
pecuniary or other compelling reasons but who is unable to dispose of 
such Government land in favour of his relation, may make an application 
to the competent authority for permission for disposal of such Government 
land in favour of any person named in the application, not being a relation, 
in such manner as may be prescribed. A copy of every such application 
shall be sent by the lessee to the Secretary to the Government of West 
Bengal, Urban Development Department. 
(2) On receipt of the application under sub-section (1), the competent 
authority may, if it is satisfied after such enquiry as it thinks fit that the 
reasons stated by the lessee for the disposal of such Government land are 
cogent and that the person named in the application is eligible for 
allotment of such Government land under any scheme of allotment by 
the State Government of such Government land for the time being in 
force, and if the State Government does not give any notice to the 
competent authority within a period of sixty days from the date of the 
application under sub-section (1) of its intention to exercise the right of 
pre-emption within a period of one hundred and twenty days from the 
date of the notice, grant permission for the disposal of such Government 
land in favour of the person named in the application under sub-section 
(1) on such condition and in such form as may be prescribed: 
Provided that if the State Government exercises the right of pre-
emption within the period of one hundred and twenty days as aforesaid,— 
(a) the building, if any, constructed by the lessee on such 
Government land shall be taken over by the State Government 
at such valuation as may be made by the competent authority 
on the basis of the cost of construction of such building less 
depreciation at the rate in vogue or at the market -value of 
such building, whichever is less, and 
(b) the lease of Government land shall determine upon payment 
to the lessee the value of such Government land which shall 
be the amount of salami or premium paid by him to the State 
Government in consideration of the price thereof and an 
interest at the rate admissible to the deposit in the savings 
bank account current at any nationalised bank: 
422 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
XXVII of 1993.] 
(Chapter 111.—Transfer or sale of Government land. Section 1L—
Chapter IV—Miscellaneous.—Sections 12.) 
Provided further that in the case of any dispute between the parties 
in respect of the valuation of the building, such dispute shall be decided 
by the competent authority and the decision of the competent authority 
shall be final and binding on both the parties. 
11. (1) No court, tribunal or other authority exercising any power 
of attachment under any law for the time being in force shall proceed to 
put on sale any Government land held by any person on lease unless a 
notice in writing has been served upon the State Government in the 
Urban Development Department, calling upon that Government to 
exercise the right of pre-emption within a period of sixty days from the 
date of service of the notice. 
(2) If the State Government exercises the right of pre-emption within 
the period of sixty days as aforesaid,— 
(a) the valuation of the building, if any, constructed by the lessee 
on such Government land, and 
(b) the value of such Government land (other than building), 
shall be made or determined, as the case may be, in accordance with the 
first proviso to sub-section (2) of section 10, and upon deposit of the 
value of such building, if any,and Government land (other than building) 
with the court,tribunal or other authority, as the ease may be, the lease of 
Government land shall determine, and the State Government 
shall re-enter. 
Sale of 
Government 
land. 
CHAPTER IV 
Miscellaneous 
12. (1) Any person aggrieved by any order of the competent Appeal. 
authority under section 7, section 8, section 9 or section 10 or by any 
order regarding valuation made by the competent authority under sub-
section (2) of section 11, may prefer an appeal to the appellate authority 
against such order within a period of thirty days from the date of 
communication of the order to him by the competent authority: 
Provided that the appellate authority may entertain an appeal preferred 
after the expiry of the period of thirty days as aforesaid, if it is satisfied 
that the appellant was prevented by sufficient cause from preferring the 
appeal within such period. 
423 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
[West Ben. Act 
(Chapter 1V.—Miscellaneous.—Sections 13-15.) 
(2) On receipt of an appeal under sub-section (1), the appellate 
authority shall, after giving the appellant a reasonable opportunity of 
being heard, make such order within a period of ninety days from the 
date of admission of the appeal as it deems fit, and shall communicate 
the order to the competent authority within seven days from the date of 
the order. 
Revision. 
Orders under 
the Act to be 
final and not 
to be 
questioned in civil court. 
13. The State Government may call for and examine any records of 
any proceedings before the competent authority or the appellate authority 
within a period of thirty days from the date of the order by the competent 
authority or the appellate authority, as the case may be, and may make 
such order thereon as that Government thinks fit. The State Government 
shall communicate every such order to the appellate authority and the 
competent authority within fifteen days from the date of the order. 
14. Any order made by— 
(a) the competent authority, if not annulled or varied by any 
order made by the appellate authority under section 12 or by 
the State Government under section 13, or 
(b) the appellate authority, if not annulled or varied by any order 
made by the State Government under section 13, or 
(c) the State Government under section 13, 
shall be final and shall not be questioned in any civil court. 
Determination 	 15. (1) Where a lessee makes any transfer of Government land held of lease. 	 by him on lease to any person, not being the State Government or a 
Government undertaking, in contravetion of the provisions of this Act, 
the lease shall determine forthwith, notwithstanding anything to the 
contrary contained in any instrument in this behalf, and the State 
Government shall re-enter. If the transferee is in possession of the 
Government land as aforsaid, the State Government may direct the 
competent authority to use such force as may be necessary to take 
possession of the Government land after giving the transferee a notice in 
writing to vacate such land within a period of thirty days from the date 
of service of the notice: 
Provided that if the leasee or the transferee makes any application to 
the competent' authority within the period of thirty days as aforesaid 
giving the reasons for such transfer and the competent authority is satisfied 
that there is prima facie justification for such transfer, it shall cause such 
enquiry as it thinks fit and shall decide whether or not the transfer has 
been made in contravention of the provisions of this Act and shall proceed 
accordingly. 
424 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
XXVII of 1993.] 
(Chapter 111.—Miscellaneous.—Sections 16-19.) 
(2) The competent authority shall, while using force to take possession 
of the Government land under sub-section (1), be deemed to be an 
2 of 1974. 	 Executive Magistrate within the meaning of the Code of Criminal 
Prodedure, 1973. 
16. (I) Every lessee or his heir or successor or transferee occupying 
any Goveryment land shall submit an annual return to the competent 
authority showing such particulars regarding such occupation, in such 
form, and within such period, as may be prescribed. 
(2) If, upon the submission of such return, the competent authority 
is satisfied that the Government land has been transferred in contravention 
of the provisions of this Act, the provisions of section 15 shall apply to 
such transfer. 
17. The competent authority and the appellate authority shall, for 
the purposes of— 
(a) summoning and enforcing the attendance of any withness, 
or 
(b) production of any document, 
while performing any function or discharging any duty under this Act, 
.5 of 1908. 	 have the same powers as are vested in a civil court under the Code of 
Civil Procedure, 1908, while trying a suit. 
18. The competent authority or the appellate authority, while 
performing any function or discharging any duty under this Act, may— 
(a) at any time between sunrise and sunset and after giving not 
less than twenty-four hours' notice in writing enter and 
inspect or authorise any officer subordinate to it enter and 
inspect any premises, and 
(b) by order in writing, require any person to produce for 
inspection such rent receipts or other documents relevant to 
the enquiry, at such time, and at such place, as may be 
specified in the order. 
19. No suit, prosecution or other legal proceeding shall lie against 
the State Government or any officer of that Government or the competent 
authority or the appellate authority or any officer authorised by the 
competent authority or the appellate authority for anything which is in 
good faith done or intended to be done under this Act or the rules made 
thereunder. 
Submission 
of annual 
return. 
Power of 
competent 
authority and 
appellate 
authority to 
summon and 
enforce 
attendance of 
witnesses etc. 
Power of • 
entry and 
inspection, 
etc. 
Protection of 
action taken 
in good faith. 
425 
The West Bengal Government Land (Regulation of Transfer) 
Act, 1993. 
[West Ben. Act XXVII of 1993.] 
(Chapter 11 7.—Miscellaneous.—Sections 20-25.) 
Act to have 
overriding 
effect. 
Power to 
relax. 
Power to 
make rules. 
Power to 
remove 
difficulties. 
20. The competent authority and the appellate authority and any 
officer performing any function or discharging any duty under this Act 
shall be deemed to be public servants within the meaning of section 21 
of the Indian Penal Code. 
21. No court shall have jurisdiction to decide or to deal with any 
question which is required to be decided or dealt with under the provisions 
of this Act and no court shall have jurisdiction to entertain any suit or 
proceeding in respect of any such question. 
22. The provisions of this Act shall have effect notwithstanding 
anything to the contrary contained 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 contract, express or implied, or in any custom or 
usage. 
23. The State Government may, if it considers necessary so to do, 
dispense with or relax the requirement of any of the provisions of this 
Act in respect of any Government land to such extent and subject to such 
conditions as it may deem fit. 
24. (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 matters 
which under any provision of this Act, are required to be prescribed or to 
be provide for by rules, 
(3) Every rule made under this Act shall be laid, as soon as may be 
after it is made, before the State Legislature, while it is in session, for a 
total period of thirty days which may be comprised in one session or in 
two successive sessions. 
25. 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 
inconsistent with the provisions of this Act, as Appears to that Government 
to be necessary or expedient for removing the difficulty: 
Provided that no such order shall be made after the expiry of a period 
of two years from thetlate of publication of this Act in the Official Gazette. 
Competent 
authority and 
appellate 
authority etc. 
to be public 
servants. 
Bar to 
jurisdiction 
of courts. 
45 of 1860. 
426 

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