The west bengal alienation of land (temporary provisions) act, 1954

West Bengal Act XXXVII of 1954' 
THlE WEST BENGAL ALIENATION OF LAND 
(TEMPORARY PROVISIONS) ACT, 1954. 
c, 
~IMUEO . . TVcst Ben. Acr IU of 1955. 
Aft Act to provide for rlre resrorariurr of cemitt larids to perso~~s wlto 
alierrurcdrl~exti drrrirrg rlleperiod behveelr rlre I srrfu~ojJa~ltra~, 1951 
and rhe 30rlr day ofhfovcx~~ber, 1953, i~t colrseqtcettcc ojtl~e prevailitrg 
econo~sic rlis~rcss. 
WHEWS jl is cxpedicnt to provide for the restoration of certain lands 
lo persons who alienated rhcrn during Ihc period berwccn ~e 1st day of 
January, 1951 and 301h day or November, 1953, in conscqucnce oFthe 
prevailing cconomic djstrcss; 
11 is hcrcby enac~cd in ~hc Fihh Ycar of he Rcpublic of India, by the 
Legislature of West Bengal, as follows:- 
1. (1) This Act may bc callcd the Wcsr Bengal Alienation of Land S~D* lillc 
I 
and carcnl. 
(Temporary Provisions) Acr, 1954. 
(2) 11 exlcnds LO !he wholc oT Wesr Bcngal. 
2. In [his Acl unlcss there is anything repugnant in the subject or Dcjinitions. 
context,- 
(1) "CoIlector" mcans the Collcc~~r of a district or any olhcr 
officcr ?appointed by I he Srarc Government to discharge ~hc 
funclions of a Collector under his Act; 
(2) "land" means agricullural land and includes homesleads, 
ranks, wclls and watrr-channels; 
(3) "period of disrress" mcans the pcriod be~ween the 1st day of 
January. 1951 and [he 30lh day orNovember, 1953, bolh 
days inclusive; 
(4) "prcrcribed" means prescribed by rules made under illis Act; 
(5) rcrcrences lo "~ransferor" and "transfercc" shall be dccmcd ro 
include references to their successor-in-jnteresl. 
'For SI~ICII~~~II oiObjcc~ and Rasons, scc Ihe Calcu~~u Gnzerre, Etfmordmn~, da~cd 
the 17ihAugus1, 1951. Pyl IVA. pap I 1 M; lor pmc~dings olrhcW,~.t Bengd Lcgislativt' 
Asse~nbly,sec~licpmrrtdingso~rheme~dngsof the Wcs~Bcng~lLeg~slar~vc Assembly held 
on lhc 18rh and 20th Stplcmbcr. 1954: and for pmecding of the West Bcngal Legisl~iivlr 
Council.~ee the pmecdings olthc mcciing oirhe Wcst Bengal Lcgislaiive Council heid on 
thc 28rh Septcmbcr, 1954. 
-Tor notification relaling ro appinuncnt of all Additional Dislricl Magistnlcs and 
Sub-divisional Magismtes to perform the funcrions 01 a Collrcror, xec norilicatioa 
No. 17852L. Ref., darcd 25.1 1.54, published in rhcCulrurrn Gerrrre, Errmordino~oT 1954, 
r ---- 7.-. 0 
Act to 
ovcrr idc 
o~hcr law. 
ClC. 
Procedure 
for crkciing 
rcsromion 
or lands 
alicnarcd 
duriirp thc 
wrid ol 
dis~rcss. 
Tlr e Wesr Betrgnl Alie~rolias of htrd (Tentporaq Provisions) A cr, I954. 
[Wcst Ben. Act 
3. Thc provisions of this Act shall havc crfcct notwithsranding 
anything ro hc convq in any olhct law for the lime bcinp in lorcc: 
Provided that nothing in this ACL shall apply ro any land which is Wcst Bcn. 
Act V of evacucc properly undcr section 3 or [he West Bcngal Evacucc Propcrty 1951, 
Act, 1951. 
4. (1) If during he period of disuess, any person, referred to in chis 
Aci as transferor, has transferred any land by sale for any consideration the 
amount or value of which docs not excccd five hundred and fiily mpecs, 
and if- 
(a) he transferor applies in he prcscribcd manner lo the Colleclor 
at any timc bcfore the expiry of '[rhc 14th day of February, 
1955,] for thc rcscoration of such land 10 him, and 
(b) he satislics thc Collector chat hc could nor have mainrained 
himself or his rarnily cxcept by making such alienadon of 
sucIi land, 
the ColIector shall, after giving thc transferee and if such land is in the 
possession of any person orher than the unnsferee, such other person also, 
an opponunily of being heard, makc an order in writing res~oring such land 
to such ~ransfcror and directing such ~ransfcror in the manner provided in 
sub-seclion (2) to pay in ten annual inslalmen(s by such dares as may be 
specified in thc ordcr~hcamount ofsuchconsidcrarion or i ts value rogether 
with interest onsuchamount allherateof heeand onc-cighrhpercerrlrrtr~ 
per alltlrrnl from he dalc of his receipt of such considerarion and the 
mounr of any conlpensation for improvements effectcd to such land, 
allowcd by the Collector and determined by him in the mannerprescribcd, 
less hc amount determined in hc manner prescribed of the nel income 
from such land of the person in posscssion of such land as a resull of such 
alicna~ion: 
Provided that hc first of such jnstalrncnb shall bc payable on a dale 
not Inter than [he 1st day of Baisakll nexr following hc datc of the order. 
(2) When Ihc ColIcctor makes an ordcr for payment by inslalnlenls 
under sub-scclion (I), he shall direct such instalments to be paid- 
(a) in the cmc whcrc the land in rcspcct of which such order is 
made has been alicna~ed by the transfcrcc bclbre the dale of 
such order by mcans of a bor~a jide mansicr for vaIuablc 
'Th wok and ~~~~~~~~~~~ihe squm bnckcls wcrc substituted for the words and 
figures "thc 3151 day of Dcccrnkr. 1954." by s. 2 of fhc \Vest Bengal Alieoa!ion of hd 
(Tcmponry I'rovisions) (Amend~ncnr) ACI. 1955 (Wcsi Bcn. Acl IIJ of 1955). 
consideraiion, or a Lorra$(le gift by a registered instrument 
or heba, to rhe pcrson in posscssion of such land as a resulr of 
such alienation: 
Bcn. Act Ill 
of 1913. 
Providcd that wherc such land has bcen sold, before or 
aftcr such ordcr is made, in execuljon of a decrcc or of a 
ccrtificale undcr the Bengal Public Demands Recovcry Acr. 
191 3, against the transferee, ~Iic whole ofthe amount payable 
under r hc said ordcr, or such par1 of ica may [hen remain due, 
shall, no~wilhstanding anything contained in such order, 
become duc and payablc ar once md on such payrnenr being 
made, such S~IC in execution of the dccree or rhc ccrdficalc 
shall be setasidc and rheamount paid shnll beapplicdtowards 
sausfacion of hc dccree or Ihc certificate, as  he case may be; 
(b) in thccxc where such land has becn alienated by the transfcrcc 
before such date by rncms of a borlafide lwc for valuablc 
consideralion or a usuhcwary rnorlgogc, io the mnsleree and 
hc person in possession aT such land L$ a result of such 
alienadon in sucll proponion and in such manner as may be 
dererrnined by rhc Collector and specified in he order; and 
(c) in othcr cases, lo ~hc tmnsferec: 
Provided that if such land is subjcct ro a borro fide 
morlgage other than a usuliucruary mortgage and such 
mortgage wmexccured afier ~hc ~ransfer oisuchland rcrcrred 
to in sub-secuon (I), thc CoIlector shalt direct rho1 such 
instalmcnb shall lirs~ be paid to the mortgagee unlil the 
moun~due underhemortgageas dclermined by lhcColIector 
is paid off and that ~hcrcar~er any such instalmcnts or par1 
rhcrcof sdll remaining due shall bc paid in rho manner 
providcd in cIausc (a), clause (b) or clause (c) of [his sub- 
section, as  he C,UC may be. 
(3) The arnount ordcrcd to be paid by instalments under sub-secrion 
(1) shaIl be a charge on rhc land in respcct of which !he ordcr under that 
sub-section has bccn made. 
(4) Where any land in rcspect of which an ordcr under sub-scction (1) 
is made is, aCler rhcdate on which such ordcrhkes efrcct under sub-seclion 
( I) of section 5, sold in exccution of a decree or of a cenifica~c signed 
under ihe Bengal Public Dcmands Rccovcry Act, 1913, against the 
lranslemr lo whom rcstora~ion has been made, or orllcrwise alienated by 
him, the wholc oFlhe amount payabIc undcrsuch order lhcn remaining due 
shall. no~withs~anding any thing conrained in such order, at once become 
dut: and payablc, and the pcrson 10 whom such amount is payable shall be 
,,,:,\*A ., ,,..*.,I- :. 1.- ---. r-. r 
The West Bengal Alier~ariorr of Lorrd (Terr~por-ary ProvisionsJ Act. 1954. 
Power or 
mmrcr and 
validation. 
Effcct of 
W~PC ror 
rrsionrion 
nr lands. 
Rccovev of 
S~IIILF due 
undrr rn 
ordcr undcr 
sec~ion 4 as 
a public 
dcmmd. 
IWcst Ben. Act 
(Sectiotls 4A.6.) 
l4A. (1) The Collcclor or a district, or any Additional Djstricl 
Magisrralc or any Subdivisional Magjsuatc appointed to dischnrgc Lhc 
func~ions of n Collcc~or undcr clause (1) or sec~ion 2, to whom ;In 
application has been made undcr clause (a) of sub-section (1) of scction 4, 
may dispose of lhc applicaiion himself or may ~nnsfer il (or wherc il has 
bccn iransfecred, rcrransfcr it) for disposal to any olhcr ofhcer appoinled 
under clnusc (1) of seclion 2 for the arca in which thc laad, of which 
restorahon is applicd for. is situate. 
(2) Evcry applicalion made undcr clausc (a) of sub-secrion (1) of 
sec~ion 4, purponed to have been uansFerred (or rcuansferred) before 
lhe commencemenl of [his Acr by he Collecror of a dis~rict or an 
Additional District Magislrale or a Subdivisional Magisrrarc appointed 
undcr clause (1) of scction 2, to any other officer appointed under \ha[ 
clausc shall Ix deerncd LO have been validly lransfcrrcd (or validly 
retransfcmed) under sub-scclion (I ) For disposal by such officer. 
5. (I) When he Collccror makes an order under sub-scccion (1) of 
section 4 restoring any land 10 the transfcror, such order shaIl havc cffcct 
on the 1st day or Boisakfr nexl following the da~c of the order. 
(2) From the date on which an order under sub-seclion (1) of seclion 
4 lakes eFfec[ undcr sub-seclion (1) of this section, lhc right, tide and 
inleresl in the land accruing 10 hc ~ansferee or rhc pcrson in possession 
as a result of he msfer referred lo in sub-section (1) or scction 4 shall, 
subject lo the provisions OF sub-sccrion (3) of that section, bc deemed lo 
]lave vcslcd in he uansicror Free from all encumbrances, if any, which 
have been crcalcd after he datc of such mansfcr. 
(3) If on OF before he da~c on which an order under sub-scclion (1) of 
scclion 4 rakes cffcct under sub-section (1) of this section, fie pcrson in 
possession of thc land as a resul~ of [he hnsfer rcfcrrcd to in sub-section 
(1) of sectjon 4 has not yielded possession of such Iand to ~e transferor, 
the Collcc~or may of his own motion, and shall, on the application of such 
tnnsferar, cjcct such person and glace such rransreror in possession or 
such Iand. 
6. Any sum payablc under an ordcr made under seclion 4 shall be 
recovcrablc as a public dcmand. 
'This scclion was inserlcd by s. 3 of the We51 Bcn@ Alienuion or hd (Tcmponry 
Provisions) (Amcndmcn~) Act. 1955 (Wcsr Bcn. Act 111 of 1955). 
Tile West Berrgal Aiiel~atioti of Lrrtrd (Tenrporu~ Provisiot~s) Acr, 1954. 493 ! 
(Secriorjs 7-9.) . .- 
, . 
r 7. Savc nr olllcrwirc provided in he Conr~itution of India, nei~her ~~$~clion 
rhc High Court nor any Civil Court shall havc jurisdichon in any maltcr or High 
which ~hc ColIector is cmpowcrcd lo dispose of undcr this Act: Coun and 
Civil Courts. 
Provided lhar any person who is dissahsfied with any order of thc 
Collcclor mndc under seclion 4 may, wilhin thirly days from hc dote of 
such ordcr, apply in the prescribed manner to thc District Judgc for the 
revision of such ordcr and the decision of the District Judgc r hereon shall 
bc final. 
8. Thc Collector shall have all he powers of a Civil Court under the Powem of 
Bc Act v of Codt of Civil Proccdurc, 1908, for the purposcs of receiving evidence, Col\e<tor, 1908. adrninis~criogoaths, enforcinp the alrendance of wir nesses and compelling 
the producrion of documents. 
9. (1) Thc State Govcmment may make rulcs' for carrying out the Pow (0 
makc rules. 
purposcs of this Acr. 
(2) In p~rlicular, and without prejudice to [he gcncrality of ~hc 
foregoing power, such rules may provide for all or any of the following 
malters, namely:- 
(i) any matler which is rcquircd to be prescribed undcr [his Act; 
(ii) thc levy of any fccs. 
'For rulcs lnade in cxcrcisc of rhc poivcr conlcrrcd by (his secuon, see Noiificalion No. 
178501. Ref,. darcll the 25rh Novzmbcr, 1954, of Be Land md hd Rcvcnue Dtpmcnt. 
puhlislicd in thc C(11c~rrr1 Gnzefrc, L-fraordir~oq: daled thc 15th Norcrnkr, 1954, Pjrl I, 
. .... ,.--- , ,. . . .. 

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