The West Bengal Utilisation of Land for Production of Food Crops Act, 1969

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Acs X'vrI of 1969 
THE WEST BENOAL UTILISATION OF LAND FOR 
PRODUCTION OF FOOD CROPS ACT, 1969 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, .Lvtraord/inary, of the 11th August, 1969.] 
[11th August, 1969.] 
An Act to provide for the requisitioning of land with a view 
to better utilisation thereof for the production of food 
crops for meeting the shortage of food grains in West 
Bengal. 
WHEREAS it is expedient to provide for the requisitioning 
of land with a view to better utilisation thereof for the 
production of food crops for meeting the shortage of food 
grains in West Bengal; 
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 Utilisa- Short title Lion of Land for Production of Food Crops Act, 1969. 	 and 
(2) It extends to the whole of West Bengal. 	 extent. 
2. In this Act, unless there is anything repugnant in 
the subject or context,— 
(a) "agricultural year" means the Bengali year 
mencing on the first day of Baisakh; 
(b) "Collector" means the Collector of a district and 
includes an Additional District Magistrate, and 
a Subdivisional Magistrate empowered by the 
State Government to discharge any of the func-
tions of a Collector under this Act; 
(c) "prescribed." means prescribed by rules made under 
this Act. 
COM- 
Definitions. 
Price-20p; 
2 The West Bengal Utilisation of Land for Production of 
Food Crops Act, 1969. 
[west Ben.Ac 
(Sections 3--6.) 
3. (1) The Collector may, by order in writing, requisi-
tion any land if he is of opinion that such land is suitable 
for the production of food crops and is not likely to be 
utilised during the current or the ensuing agricultural 
season: 
Provided that no land which forms part of any home-
stead or cremation or burial ground or of any place of 
worship shall be requisitioned under this section. 
(2) Such requisition shall be made for such period, nol 
extending beyond the agricultural year in which the order 
under sub-section (1) is made, as may be specified in the 
order. 
(3) An order under sub-section (I) shall specify the date 
on which the possession of such land shall be delivered to 
the Collector. 
(4) An order issued under sub-section (1) shall be served 
in such manner as may be prescribed upon the owner of the 
land and where the order relates to land in occupation of an 
occupier, not being the owner of the land, also on such 
occupier. 
4. When an order for the requisition of any land is 
made under section 3, the person in possession of such land 
shall deliver possession thereof to the Collector or to any 
officer authorised by the Collector in this behalf on the date 
specified in the order and in default of his doing so, the 
Collector may take possession thereof by force, if necessary. 
Utilisation 	 5. (1) As soon as may be after the Collector is in. Of land. possession of any land requisitioned under section 3, he 
shall, by order in writing, make over possession thereof for 
such period not extending beyond the current agricultural 
year as he thinks fit to any person for utilising such land 
for the production of such food crop as may be specified in 
the order. 
(2) In making over possession of any land under sub-
section (1), the Collector shall whenever possible give pre-
ference to persons who own no land or less than .8094 
hectare of land .and who are residents of the locality where 
such land is situated and who intend to bring such "land 
under personal cultivation_ 
(3) Any person to whom possession of any land has been 
made over under sub-section (1) shall be entitled to do in, 
on or with respect to, such land all things necessary for 
utilisation of such land for the production of such food crops 
as may be specified in the order issued under the said sub-
section. 
(4) Nothing in this section shall be deemed to confer on 
any person to whom possession has been made over under 
sub-section (1) the status of a tenant or to confer on him 
any transferable right. 
Power to 
requisition. 
Delivery 
of posse-
ssion. 
The West Bengal Utilisation of Land for Production of Food 3 
Crops Act, 1969. 
XVI el 1969.1 
(Sections, 6-8.) 
6. (1) Any person to whom possession of any land has 
been made over under sub-section (1) of section. 5 or who 
has been allowed to continue to remain in possession of such 
land under clause (a) of section 10 shall,— 
(a) deliver to the Collector or to any officer authorised. 
by the Collector in this behalf thirty-five per 
cent. of the gross produce from such land for any 
agricultural season or pay its money value to be 
determined by the Collector in such manner as 
may be prescribed, and 
(b) after the expiry of the period for which possession 
has been made over to him under sub-section (7) 
of section 5 -or he has been allowed to continue 
to remain in possession under clause (a) of 
section 10, give back possession of such land to 
the Collector or to any officer authorised by the 
Collector in this behalf and in default of his 
doing so the Collector may take possession there-
of by force, if necessary. 
(2) If such person fails to deliver the produce or the 
money value thereof referred to in clause (a) of sub-
section (1) within such time as may be fixed by the Collector 
in this behalf, the money value shall he recoverable as a 
public demand. 
Delivery of 
produce or 
its money 
value to 
the 
Collector. 
7. When any land is requisitioned under section 3, 
there shall be paid to every person interested compensation 
for such requisition and the amount of compensation shall 
be. twenty-five per cent. of the gross produce from such land 
for the period for which such land has been requisitioned, 
or its money value determined under section. 61 
Provided that if there is a total failure of crop from such 
land or if for any reason such land has not actually been 
utilised, the amount of compensation per annum shall be 
at the rate of three per cent. of the market value of such 
land on the date of the order of requisition. 
Explanation.—The expression "person interested" in-
cludes all persons claiming an interest in compensation to 
be paid on account of the requisition 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. 
Compensa. 
tion: 
8. Where there are - several persons interested in the Apportion. 
land requisitioned under section 1, the Collector shall by meni of order apportion the compensation among such persons in "mPfmsR -accordance with the nature and extent of interest held by tion.  each such person. 
Release 
from 
requisition 
Or 
extension 
of the 
period of 
requisition. 
4 The West Bengal Utilisation of Land for Production of Food 
Crops Act, 1969. 
[west Ben. Act 
(Sections 9-12.) 
9. After the expiry of the period for which land has 
been requisitioned under section 3, the Collector may,— 
release the land from requisition and deliver 
possession thereof to the person from whom 
possession was taken, or 
(b) if he is of opinion that such requisition should 
continue, by order in writing, extend the period 
of requisition for such period not extending 
beyond one agricultural year at a time, as he 
thinks fit, so, however, that the total period of 
requisition shall not exceed three agricultural 
years 
Provided that no order extending the period of requi-
sition of any land shall be made without giving 
the owner, and if such land is in occupation of 
an occupier, also the occupier, an opportunity of 
being heard: 
Provided further that the order for the extension of the 
period of requisition shall be made before the 
expiry of the period of requisition. 
(a) 
Possession 	 10. If the period of requisition is extended under 
in ease of clause (b) of section 9, the Collector may,—
extension 
of the 	 (a) by order allow the person to whom possession has 
period of 	 been delivered under sub-section (1) of section 5 requisi- 	 to continue to remain in possession for such Lion. period not extending beyond the agricultural 
year as may be specified in. the order; or 
(b) proceed under section 5 and make over possession of 
the land to another person. 
11. An appeal shall lie from an order made under this 
Act,— 
(a) to the Collector of the district, where the order is 
made by a Subdivisional Magistrate, and 
(b) to the Commissioner of the Division, where the 
order is made by a Collector of a district or an 
Additional District Magistrate, 
ii 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 may be, shall be final. 
Power 	 12. (1) The State Government may make rules for 
to make 	 tarrying out the purposes of this Act. 
rules. 
Appeal. 
West Ben. 
Ord. X 
of 1969. 
i he West Bengal Utilisation of Land for Production of 5 
Food Crops Act, 1969. 
XVI Of 1969.] 
(Section 13.) 
(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 manner of service of the order referred to in 
sub-section (4) of section 3; 
(b) the manner of determining- gross produce from any 
land; 
(c) the manner of determining money value of the 
gross produce from any land. 
13. (1) The West Bengal Utilisation of Land for 
Production of 'Food Crops Ordinance, 1969, is hereby 
repealed.. 
(2) Anything done or any action taken under the West 
Bengal Utilisation of Land for Production of Food Crops 
Ordinance, 1969, shall be deemed to have been validly done 
or taken under this Act as if this Act had commenced on 
the 3rd day of Tune, 1969. 
Repeal and 
savings. 
WBOP-69/70-4372A-0.1 
 
    

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