Principles of Agricultural Land Distribution by State Government
The article discusses the distribution of agricultural land at the disposal of the state government in line with the policy objectives outlined in the WBLR Act. It covers the types of agricultural lands available, principles of land distribution, and restrictions on land transfers. Priority is given to eligible individuals, and specific conditions apply for settling land based on cultivation and residency criteria.
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DISTIBUTION OF AGRICULTURAL LAND AT THE DISPOSAL OF STATE GOVERNMENT Prepared by- DWAIPAYAN KHASNABIS SROII
Declaration as to Policy of the State: The WBLR Act is for giving effect to the policy of the State towards securing principles specified in clauses (b) & (c) of Art.39 of the Constitution Article 39(b) declares that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. Hence Chapter VI of WEBLR Act directing the Principles of distribution of lands
Agricultural lands at the disposal of the Government are of following types: Agricultural khasmahal lands Agricultural lands vested under the provisions of WBEA Act Agricultural lands vested under the provisions of WBLR Act
Principles of distribution of lands Section 49(1) : Settlement of lands would be made without any premium being charged for it with persons who are residents of locality where the land is situated and who together with members of their family own no land or less than 1 acre of land, half the land being cultivated as bargadar to be accounted for calculating the aggregate and subject to the condition that: A) in case of agricultural land such person intends to bring the land under personal cultivation B) in case of homestead land such person having no homestead of his own, intends to construct a dwelling house thereon, and C) such other terms and conditions as may be prescribed. Provided that among eligible persons, priority shall be given to persons belonging to SC/ST or who form themselves into a Co-Op Society for the purpose Provided further that no settlement shall be made with any person or with a member of the family of such person ,who is engaged or employed in any business,trade,undertaking, manufacturing,calling,service or industrial occupation
Principles of DistributionContd. Sec.49(1A): No person to whom land has been settled as per provision of Sec.49(1) shall be entitled to transfer such land except by way of mortgage/mortgage by deposit of title deeds in favour of Scheduled Banks, Co-Operative Society,Corpn.owned by State or Central Govt.or both and that too for the purpose of obtaining loan for the development of the land or for the improvement of agricultural production or for construction of dwelling house Sec.49(2) : If a Revenue Officer(SDO by Notification) on his own motion or on application made to him in that behalf, after hearing the person with whom the land is settled and in case of subsequent transfer, the transferees as also the person who is in actual occupation of such land and after making such enquiry(by not below the rank of WBSLRS .Gr-I) is satisfied that the settlement was by mistake or by practice of fraud,misrepresentation,coercion or otherwise or that a transfer of any land has been made in contravention of the provisions of sub-section (1A), he may , by order, in writing annul the settlement or both settlement and transfer
Principles of DistributionContd. Sec.49(3): When settlement and/or transfer is annulled, then the RO shall enforce delivery of possession of such land to the Collector by using such force as may be required after evicting the person in actual occupation Sec.49(3A): For enforcing delivery of possession of any land and evicting any person in actual occupation, RO shall be rendered all necessary police help. Sec.49(4): any person aggrieved by the order under Section 49(2) may prefer an appeal within 30 days before the appropriate Authority(ADM & DLLRO by Notification) Sec.49(4A): Notwithstanding anything contained in the foregoing provision of this Section, an officer authorized by the State Govt.may transfer to, or settle with, a local body or an authority constituted under any law which is at the disposal of the State Govt., for such purpose and on such terms and conditions as may be decided by the State Govt.
Principles of DistributionContd. Sec.49(5): elsewhere in the Act, when the State Govt.is satisfied, that it is necessary, so to do for a public purpose or for establishment, maintenance or preservation of any institution or industry, settlement for any period of any land may be made with any person or institution on such terms and conditions including periodical payments, with or without any premium being charged therefor, in such manner as may be prescribed. Notwithstanding anything contained educational or research
The highlights of the concerned Rule detailing the terms and manner of settlement of lands at the disposal of the State Govt.-Rule 20A of WBLR Rules 1965 Settlement District/DLLRO/SDO Settlement shall be on permanent basis and the person with whom the land is settled shall have all the rights of raiyat subject to restriction imposed on transfer of the settled land Area of land to be settled shall be so that together with own land and half the land cultivated as bargadar does not exceed 1 acre. For homestead to a person with no homestead, maximum 5 Cottahs may be settled. For the purpose of settlement, the Collector/DLLRO/SDO may consider the recommendations of Bon-O-Bhumi-Sanskar- Sthayee Samiti as operates at the Block Level may be made by Collector of the
Rule 20A of WBLR Rulescontd The Govt. functionaries as are part of the Sthayee Samiti are as below: A) BDO B)BLLRO(Convenor) C) Range Officer/Beat Officer from Forest Dept.as attached to their office having jurisdiction over the Block D) SAE(RWP) of the Block E) Asst.Agricultural Extension officer The BOBSSS is a recommending body, the officer concerned, working on the settlement issue may, with reasons recorded in writing, disregard the recommendations or refer any case back for reconsideration. The Collector/DLLRO/SDO , within whose jurisdiction the land is situated shall deliver possession of the land to the person to whom it has been settled and if necessary by evicting the persons in actual occupation.
Procedures for settlement as provided by WBLR Manual 91 Undistributed agricultural lands entered in Register VIII should first be identified.The identified land should be free from any injunction of a Court. A list of such lands should be drawn up and a pre-distribution survey and enquiry made by RO/RI jointly with such members of the local Panchayat Samiti as may be selected by the Sabhapati of that body. The following information be collected during enquiry: A) If the land is under possession of any person/family; if so, the date B) the area of the land owned by the person together with lands owned by the members of the family C) Whether the person/any member of the family cultivates any land as bargadar; if so, the area of such land D) If the person/family belongs to SC/ST
Procedure for Settlement..Contd. E) If such person or member of his family is employed or engaged in any trade or calling to render him ineligible(family includes self,wife,sons,minor daughters living jointly with the person) F) Any other relevant information While this survey continues, simultaneously a priority list of persons to whom land may be settled should also be drawn up in consultation with Panchayat principles is as below: A) A landless person found to be in uninterrupted possession for a minimum period of three years B) Landless Agricultural worker belonging to ST Community C)Landless Agricultural Worker belonging to SC Community D) Landless agricultural worker than the above E)Landless Bargadars who belong to ST Community F) Landless Bargadars who belong to SC Community Samiti.The prescribed priority
Procedure for Settlement..contd. F) Landless bargadars other than the above G)Landless persons who used to cultivate the lands in question as bargadars or agricultural workers under the previous owner H)Raiyats who belong to ST and cultivate themselves I)Raiyats who belong to SC and cultivate themselves J) Raiyats who do not belong to ST & SC and cultivate themselves K) Ex-service personnel who are eligible under Sec.49 of The WBLR Act but are not considered for allotment of land from the earmarked quota Following these primary works, the next steps in chronological order are as below: 1) Meeting of BOBSSS who shall form a resolution recommending the list of beneficiaries
Procedure for Settlement..contd. 2) Such Resolution alongwith Field Survey report,etc. shall in the form of Case Record be sent to SDO through SDLLRO(normally) for his approval 3) Once approval is given and the Case Record returns to BLLRO, steps are taken for distribution of Patta and delivery of possession 4) Simultaneously ROR(khatian) is also framed favouring the beneficiary. 5) If the beneficiary is female then Patta is executed in her favour and ROR also so framed. 6) In other cases, Patta is to be executed jointly in favour of wife and husband and ROR should also be so framed.
Important Facts about Chap.VI The provision of original Section 49 was enforced in West Bengal,other than transferred territories, on 7.6.65 and in transferred territories on 1.10.69 The original Section 49 allowed settlement to persons who are residents of locality and who intend to cultivate and who own no land or less than 2 acres of land Sub-Section 1 A came into force on 10.7.75 and before such enforcement and since 7/6/65 or 1.10.69 , if any transfer of settled land has taken place, then such transfers are valid and cannot be annulled. However, since 10.7.75, no irrespective of whether made before or after 10.7.75,can be made,and if made is liable to be annulled as per provision of Sec.49(2) transfer of settled land
