Nwest bengal land requisition and acquisition act 1948 pdf

Section 1 short title, extent, commencement and duration. History of land reform relations in west bengal i pre. An act to provide for the state acquisition of estates, of rights of intermediaries therein and of certain rights of raiyats and under raiyats and of the rights of certain persons in lands comprised in estates. Thereafter the bill was passed and it got the assent on 16 may 1951. There are a number of local and specific laws which provide for acquisition of land under them but the main law that deals with acquisition is the land acquisition act, 1894. Later this later this insertion was not in force as s. Bogged down by its policy to not acquire land in a forceful manner, which affected private industries as well as infrastructure projects like roads, bridges and power plants, the west bengal government has now decided to buy land directly from farmers something that rarely. The land acquisition act, 1894 central act i of 1894, as amended by this act is hereby extended to and shall be in force in the whole of the 1 state of karnataka 1. For various public purposes land is acquired in the state.

The supreme court may render a finding on this question, now that it has issued notice in a challenge to land acquisition proceedings initiated over 65 years ago under the erstwhile west bengal land requisition and acquisition act, 1948. The acqusition and requsition of immoveable property ordinance, 1982 ordiance no ii of 1982 an ordinance to consolidate and amend the law relating to acquisition and requisition of immovable property. O section 41 b iv norms set for discharge of functions this office functions as per the right to information act, 2005 and west bengal right to information rules, 2006 as amended from time to time. L i this act may be called the west bengal land requisition and acquisition reenacting act, 1977. The west bengal estate acquisition act, 1953 12th february, 1954. Prior to its enactment, agrarian law of bengal mainly consisted of the bengal permanent settlement regulations of 1793 and the bengal tenancy act 1885. The west bengal land requisition and acquisition validation of orders act. The west bengal land reforms act, 1955 laws of india. Moreover, the government continues to rely on the land acquisition act enacted by an earlier colonial regime for such purposes.

Acquisition and requisition of property falls in the concurrent list, which means that both the centre and the state government can make laws on the matter. The west bengal estate acquisition act 1953 advocatetanmoy. The land acquisition drive of the left front government for promoting industries is at present the most controversial public issue in west bengal. The assam temporarily settled areas tenancy act, 1971. Assent of the president of india was first published in the calcutta gazette, extraordinary, dated the 17th october, 2000.

Indranil bhoumikmint bengal govt makes uturn on land acquisition policy 3 min read. The land acquisition west bengal amendment act, 1999. West bengal land requisition and acquisition reenacting. Wbnat act 1949 permitted creation of tenancies and sub tenancies so far as the nonagricultural land was concerned. Land reforms in postindependence west bengal began with the passage of the west bengal bargadar act 1950, followed by the west bengal estate acquisition act 1952, and the west bengal land reforms act 1955. Where the state government has either before or after the coming into force of the bombay land requisition amendment act, 1950 bombay ii of 1950, allotted to any person any land requisitioned or continued under requisition under this act or where any person continues or is permitted to. A bargadar is a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to.

More specifically, the law says that it should be the average price of all land transactions completed in the area in the previous three years. The east bengal state acquisition and tenancy act of 1950 also known as the east pakistan estate acquisition act 1950 was a law passed by the newly formed democratic government of east bengal in the dominion of pakistan present day bangladesh. Ceiling on land holdings act, 1956 as amended assam gramdan rules, 1962. State policy and agrarian challenges dilip mookherjee boston university igc bihar conference, patna july 21, 20 d. The study also examines issues of land acquisition, transfer and alienation. An act to amend the land acquisition act, 1894, in its application to west bengal. Acquisition of land for public purposes directorate of land. Sample format for agreement to lease this agreement d between. Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. Assam land requisition and acquisition rules, 1964. While agricultural land following acquisition now lies. The west bengal municipal act, 1993 west bengal act xxii of 1993 as amended by the west bengal municipal amendment act, 2006.

The west bengal fisheries requisition and acquisition. An act to validate certain orders made by the first land acquisition collector. Acquisition of land for public purposes directorate of. The west bengal land requisition and acquisition act, 1948, as in is hereby reenacted subject to the modification thai for subsection 4 of section l,thc following subsection shall be substituted, namely. The west bengal fisheries requisition and acquisition act. The process of land acquisition for industrial development initiated since the mid1990s in west bengals paschim medinipur district threatens to undermine the propeasant policy of the left front government. The west bengal land reform act 1955 advocatetanmoy law library. The west bengal land requisition and acquisition laws of india. The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20 also land acquisition act, 20 is an act of indian parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in india. Land acquisition and industrialisation in west bengal. West bengal land requisition and acquisition act 1948. Period and manner of service of notices and procedure for deposit of produce and intimation in respect thereof. Land acquisition in west bengal the article is concerned with the process through which agrarian land is acquired to build up infrastructure, industries and various services, in the process displacing people from their traditional occupations and livelihood. The bill was then passed by it on 29 august 20 and by rajya sabha on 4 september 20.

Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. Whereas it is expedient to provide for the requisition and speedy acquisition of land for the purposes of maintaining supplies and services essential to the life of the community, increasing employment opportunities for the people by establishing commercial estates and industrial. The west bengal land requisition and acquisition validation of. East bengal state acquisition and tenancy act 1950 a law relating to tenancies to be held under the state and other matters connected therewith. It was then referred to special committee of the house. Right to fair compensation and transparency in land. The act replaced the land acquisition act, 1894, a nearly 120yearold law enacted during british rule. Oct 16, 2004 the process of land acquisition for industrial development initiated since the mid1990s in west bengal s paschim medinipur district threatens to undermine the propeasant policy of the left front government. In particular, the focus is on the recent strife in west bengal over such acquisition.

It is time the legislators test it against the needs of the society of a. Sc notice in challenge to 65yearold land acquisition. Now land acquisition is expected to be completed in a period of six to seven months. East bengal state acquisition and tenancy act of 1950. After partition, east bengal state acquisition and tenancy bill was framed and published on 31 march 1948. Whereas it is expedient to consolidate and amend the law relating to acquisition and. West bengal land acquisition laws amendment and validation act, 2011 no. The west bengal land requisition and acquisition act, 1948, as in is hereby reenacted subject to the. The bill was drafted on 31 march 1948 during the early years of pakistan and passed on 16 may 1951. In section 9, after subsection 3, insert the following subsections, namely. Apoorv jindals answer to what is the land ordinance bill all about. This act reenacts the west bengal land requisition and acquisition act, 1948. Recently on april 20, the centre for studies in social science, calcutta, organised a oneday workshop on the topic. West bengal fisheries requisition and acquisition act, 1965.

I the west bengal land requisition and acquisition re. West bengal act xv of 19771 west bengal judicial academy. Authorised by the act parliamentary counselalso accessible at. The west bengal land requisition and acquisition reenacting. West bengal land requisition and acquisition bare acts live. The nda governments ordinance to amend the land acquisition act does not merely expand the list of projects that would be exempted from requirements of consent and social impact assessment but also quietly makes other provisions in the law less stringent.

Where the state government has either before or after the coming into force of the bombay land requisition amendment act, 1950 bombay ii of 1950, allotted to any person any land requisitioned or continued under requisition under this act or where any person continues or is permitted to, continue to. However i will filter and specify some of the points here. Lands acquisition act 1994 act legislation register. West bengal land reforms act, 1955 with all amendments upto 01. An act to provide for the requisition and speedy acquisition of land for certain purposes. The land acquisition act of 1894 lays down such a principle compensation should be equal to the local market price for land. Land acquisition in a west bengal district article pdf available in economic and political weekly xxxix42. Whereas it is expedient to provide for the requisition and speedy acquisition of land for the purposes of maintaining supplies and services essential to the life of the community, increasing employment opportunities for the people by establishing commercial estates and industrial estates in different. Oct 16, 2004 land acquisition in a west bengal district article pdf available in economic and political weekly xxxix42.

West bengal land reforms act, 1955 with all amendments wbxpress. Under the scheme of the act, the government became the only landlord to acquire all rent receiving interest by phases. The west bengal land requisition and acquisition act, 1948, as in force on the 31st day of march, 1977 hereinafter referred to as the said. West bengal act x of 1956 the west bengal land reforms act, 1955. The land acquisition act, 1894 west bengal judicial academy. Act xxxv of 1955, was omitted with retrospective effect by s. An act to reenact the west bengal land requisition and acquisition act, 1948. From land reform to land acquisition in west bengal. West bengal land requisition and acquisition act 1948 complete. Land acquisition west bengal amendment act, 1997 latest laws. Land acquisition in india is governed by many actslaws such as indian tramways act, 1886, the damodar valley corporation act, 1948, the national highways act, 1956, the coal bearing areas acquisition and development act, 1957, the petroleum and minerals pipelines acquisition of right of user of land act, 1962, the land ports authority of. Norwjrhslanding anything lo the contray contained in any olher law, all orders under subsecion 1 of scction 3 of the west bengat land requisition and acquisition acl, 1948 hcrcaher in his section referred to ls the said act, made after the commencemenr of the wcst.

Jan 03, 2015 the nda governments ordinance to amend the land acquisition act does not merely expand the list of projects that would be exempted from requirements of consent and social impact assessment but also quietly makes other provisions in the law less stringent. The land acquisition, rehabilitation and resettlement bill, 2011 was introduced in lok sabha on 7 september 2011. In this act, unless lherc is anylhing repugnanl in ihe subject or definitions. The west bengal land requisition and acquisition reenacting act, 1977. Introduction with regard to land, west bengal is different from other indian states in many ways. Full text of the west bengal land reforms act, 1955 see other formats. East bengal state acquisition and tenancy act 1950.

Vacation of requisitioned land and recovery of dues as arrear of land revenue. Assent of the president of india, first published in the calcutta gazette, extraordinary, dated the 22nd july, 1977. Full text of the west bengal land reforms act, 1955. The permanent settlement regulations made zamindars owners of their land subject. The price of the land will be determined by taking into account the assessed value of land. The west bengal land reform act 1955 advocatetanmoy law. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. West bengal act xv of 19771 welcome to west bengal. These three acts were enacted at the initiative of the congress governments of the state. Period and manner of service of notices and procedure for. The only legislation pertaining to land acquisition currently in place is the land acquisition act, 1894 hereinafter the act which, though amended several times retains its colonial flavor by granting unfettered powers to the government.