The west bengal land-revenue, rent and cess ( apportionment ) act, 1948

10 & 11 
C.130. VI, C. 
ao. 
West Bengal Act XXXI of 1948 
THE WEST BENGAL LAND-REVENUE, RENT AND 
CESS (APPORTIONMENT) ACT, 1948. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 15th October, 1948.1 
an Act to apportion and fix the land-revenues, rents, and 
cesses in respect of the portions situated within West 
Bengal of certain estates, Putni and other tenures and holdings. 
WHEREAS certain estates, tenures and holdings in the 
Province of Bengal as it existed before the date on which 
the award came into force are comprised of lands situated, 
after the said date, partly in the Province of West Bengal 
in the Dominion of India and partly in the Province of East 
Bengal in the Dominion of Pakistan; 
AND WHEREAS it is expedient to apportion and fix the 
land-revenues or rents, as the case may be, and the cesses 
payable in respect of the portions situated in West Bengal 
of the common estates, tenures or holdings; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the West Bengal 
revenue, Rent and Cess (Apportionment) Act, 1948. 
(2) It extends to the whole of West Bengal. 
It shall come into force on such date as the Provin-
cial Government may, by notification in the Official Gazette. appoint. 
2. In this Act, unless there is anything repugnant in the 
subject or context,— 
(1) "award" means the award of the Boundary Commis-
sion referred to in section 3 of the Indian 
Independence Act, 1947; 
(2) the expression "common estates, tenures or hold-
ings" means estates, tenures or holdings which 
are comprised of lands situated, after the date on 
which the award came into force, partly in the 
Province of West Bengal in the Dominion of 
India and partly in the Province of East Bengal 
in the Dominion of Pakistan; 
(3) "prescribed" means prescribed by rules made by the 
Provincial Government under this Act; 
(4) "Revenue-officer" includes any officer whom the 
Provincial Government may appoint to discharge 
any of the functions of a Revenue-officer undr 
this Act; and 
(5) "tenure" includes a Putni tenure. 
3. The Provincial Government may, by notification in Power to the Official Gazette, make an order directing that a 'record order pre-be prepared in such manner and containing such particulars partition of 
as may be prescribed of all lands in West Bengal forming record of 
parts of the common estates, tenures or holdings. 	 lands in  
Price—Indian, annas 3 ; English, 4d. 
Land- Short title, 
extent anal 
commence-
ment. 
Definitions. 
common 
estate 
tenures and 
holdings. 
2 	 The West Bengal Land-revenue, Rent and Ceps 
(Apportionment) Act, 1948. 
[ West Ben. Act. 
Preparation 
of record. 	 4. When an order has been made for the preparation of a record under section 3, the Revenue-offi 	 shall prepare such record accordingly containing, iu addition to the arti-
culars referred to in section 3, the amounts of land-revenues 
or rents, as the case may be, and of cesses payable in respect 
of the portions included in West Bengal of the common 
estates, tenures or holdings, to be determined by the Revenue_ 
officerin such manner and in accordance with such princi-ples as may be prescribed. 
5. When a record has been prepared under section 4, the Revenue-officer shall cause a draft of it to be published in such manner and for such period as may be prescribed 
and shall receive, during the period of publication of the 
record, any objections made in regard to any entry therein 
or omission therefrom relating to the apportionment of land-revenues,.rents or cesses. 
Final dis- 
posal of 	 6. (1) After the expi; - of the period of publication of objections, the record under section f: he Revenue-officer shall submit and confir- 
prescribed with a ration and the record to the Revenue authority  
summary of the objections, if any, which he has received final pub- and his report thereon. lication of 
record. 	 (2) Such authority shall finally dispose of the objections submitted to it under sub-section (1) according to such rules as the Provincial Government may make and may confirm the record with or without amendment : 
Provided that no entry shall be amended or omission 
supplied unless notice has been given to the parties concerned 
for such period and in such manner as may be prescribed to appear and be heard in the matter. 
(3) After confirmation by such authority the Revenue-
officer shall cause the record to be finally published in the 
manner prescribed and such publication shall be conclusive 
evidence that the record has been duly prepared under this Act. 
Appeal and 	 7. (1) Any person who is aggrieved by any entry in, or omission from, the record finally published under section 6 
in so far as such record relates to the apportionment and 
fixation of rents or cesses in respect of tenures or holdings, 
may appeal to the superior Revenue authority prescribed in 
such manner and within such period as may be prescribed. (2) Notwithstanding anything contained in any other law for the time being in force, no Court shall have any jurisdic-tion in respect of any issue arising out of the proceedings 
under this Act for the apportionment and fixation of land-
revenues, rents or cesses or shall annul or alter any decision 
of a Revenue-officer or a Revenue authority under this Act. 
8. The Revenue-officer may, at any time, either of his ' 
own motion or on application, and after giving notice to the 
parties concerned for such period and in such manner as 
may be prescribed to appear and be heard in the matter, 
correct any clerical or arithmetical mistake in the record 
finally published under section 6 or any error arising therein 
(Sections 4 	 8.) 
• 
Preliminary 
publication 
of record, 
saving. 
'Correction 
of record, 
The West Bengal Land-revenue, Rent and Cess 	 3 
(Apportionment) Act, 1948. 
XXXI of 1948.] 
(Sections 9, 10.) 
from any accidental slip or omission and shall make such 
alterations therein as may be necessary to give effect to any 
decision on appeal under sub-section (1) of section 7. 
9. On the 
section 6,— 
(a) the apportionment and fixation, thereunder, of land-
revenues or rents, as the case may be, and of 
cesses in respect of the portions situated in West 
Bengal of the common estates, tenures or holdings 
shall, notwithstanding anything contained in any 
other law for the time being in force or in any 
contract, be deemed to have come into force and 
the common estates, tenures or holdings, as the 
case may be, shall be deemed to have been and to 
be partitioned accordingly, on and from the date 
on which the award came into force (hereinafter 
referred to as the said date), and 
(b) all laws for the time being in force relating to the 
creation or settlement of estates, tenures or hold-
ings or to the recovery of land-revenue, rent or 
cesses in respect thereof shall be deemed to have 
been and to be applicable 'mutatis mutandis to 
such partitioned estates, tenures or holdings on 
and from the said date. 
final publication of the record under Commence-
ment and 
effect of 
the record. 
10. (1) The Provincial 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 following matters, namely :— 
(a) the manner of preparing a record and the parti-
culars to be contained therein referred to in sec-
tion 3; 
(b) the manner of, and the principles for, determining 
the amounts of land-revenues, rents and cesses 
referred to in section 4; 
(c) the manner and period of publication of a draft 
record referred to in section 5; 
(d) the Revenue authority referred to in sub-section (1) 
of section 6, and the disposal of objections under 
sub-section (2) and the manner of final publica-
tion of a record under sub-section (3) of that 
section; 
the period of, and the manner of giving, notice 
referred to in the proviso to sub-section (2) of sec-
tion 6 and in section 8; and 
the superior Revenue authority referred to in sub-
section (1) of section 7, the manner of presenta-
tion of appeals to such authority and the period 
within which such appeals shall be presented 
under the said sub-section 
WBGP.48/9-7321A-231 
(e)  
(f)  
Power to 
make rules. 

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