Agricultural Land, Collector, Holding, Homestead, Land, Non-Agricultural
Land, Non-Agricultural Tenant, Occupier, Raiyat

n Act ro provide fur tl~eacqrlisirion of land otr wlricl~I~on~estead
has been cons~nrc~edand serrlel~lenlof nrrh ILIII~~~iri~ [he person ill
possession 111ereoJ:
WHER~Sil is expedien~lo provide for the acquisirion of land on
which homestead hasbeen constructed and selclemenl 01such land with
thc person in possession thereof;
It is hereby enacted in Ihe Twentieth Ycwof Ihe Republic of India,
by Ihe Legisla(urc of West Bengal, as follows:-

  1. (1) This Act may bc calIed [he West Bengal Acquisition and Short lillc
    and cxtcnl.
    Settlemcnl of Homestead Land Act, 1969.
    (2) It exrends 10the whole of Wesl Bengal, excepl the areas to which
    the provisions of the Calculra Municipal Act, 1951, the Hownh Municipal
    Act, 1965, the Bengal Municipal Act, 1932, the Cooch Bchar Town
    Cornmiltee Act, 1903, the Cooch Behar Municipal ACL, 1944, the
    Chandcrnagore Municipal Act, 1955, and the Can~onrnenlsAct, 1924
  2. In his Act, unless here is anything rcpugnanlin ihe subject or Dcfinitians.
    (a) “agricultural land” means land ordinarily used forpurposes
    of agriculture or horticulture and includes such land,
    notwithstanding [hat it may be lying fallow for the lime
    ‘For Sra~ementor Objecrs and Rmons, src rhc Cnkirrra Cuzare, Errraordinar):
    Pan1VA of rhc251hJunc. 1969, page 2053: Tor pmccdings ofthc Wcsl Bengsl Legishlivc
    Asscmbly. Jce rhc pmcedings oi rhc mccling olrhai Asscmbly hcld on 8rh July. 1969.The West Bengal Acquisifi~nar~dSettlen~e~rrof Homesreod
    Land ACI,1969.
    [West Ben. Aci :
    :.,- ‘
    !.- –
    @) “Collector” means the Colleclor of a district and includes
    an Additional District Mngistrale or any other officer
    appointed by the Slale Governmenr 10 discharge any of the
    funcdons of a Collec~orunder this Act;
    (c) “holding” means ~hcIand or lands held by a ruiyas and
    treated as a unir Tor assessment of revenue;
    (d) “homes~ead”has the same meaning as in the We51 Bengal West Bcn.
    . -… – ,. .
    ,, . .,..
    Estares Acquisition Acl, 1953;
    (e) “land” includcs both agricultural land and non-agricultural
    (0 “non-agricultural Imd” means land other than agricultural
    land or other than land comprised in a forest;
    (g) “non-agricul~uraltenant” means a non-agricullural tenanr as
    defined in heWest Bengal Non-Agriculmral Tenancy Act,
    (h) “occupier”means a person who is in possession of any land
    of another person wilhour any inreresl therein based on tille
    and who holds no land or not more Lhan -8094 hectare of
    land either as owncr or tenant thereof and includes the heirs
    of such person;
    (i) “prescrikd” means prescribed by rub made under this Act;
    (j) “raiya~”means a person who holds land for purposes of
    W-1 Bcn.
    hc[XXoI ‘
    ACLnot to 3. Nothing in this Act shall apply to any Iand-
    apply (0
    (a) belonging to. or taken on lease or rcquisilioned by,
    (b) belonging to, or taken on lease by, any local authori~y.
  3. Where an occupier has constructed a homestead on the land in
    his possession and has been residing therein ‘[from before the
    cornmencemenl of this Act, he may, within five years from the dale of
    such commencement),make an application, insuch manner and conlaining
    such particulars ‘as may be prescribed, to the Collcctor having
    (a) if the land in his possession does not exceed -0334 hectare,
    for seltling the land with him; and
    (b) if the land in his possession exceeds -0334 heclare, for
    selrling -0334 hectare of such land wilh him on which his
    homesrad has been consmcted.
    ‘Words within hcsqum bnckcb wcrc substitu~cdfor the words “conrinuously Tor
    3 pcridor no1 lcss than 1hwc years irnrncdilltly kfore Ihc date 01 coming into force of
    this Aa,he may. within rwo yearn Tmrn such dalt” by s. 2 01thc Wv.1 Bengal Acquisition
    and Selllcmcnt olHomeslead hd(Amendmenr) Acr, 1972 (Wcsl Ben. Acr XXXLV O[

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