Non-accrual of occupancy and non-occupancy rights and record of proprietor’s private lands

Saving as to certain lands.— (1) Nothing in Chapter V shall confer a right of occupancy in, and nothing in Chapter VI shall apply to, lands acquired or deemed to have been acquired under the Land Acquisition Act, 1894, or the Defence of India Rules made under the Defence of India Act, 1939, or the Requisitioned Land (Continuance of Powers) Act, 1947, or the West Bengal Land (Requisition and Acquisition) Act, 1948, or the West Bengal Land Development and Planning Act, 1948, or the West Bengal Requisitioned Land (Continuance of Powers) Act, 1951, or the Requisitioning and Acquisition of Immovable Property Act, 1952, or any other law for the time being in force providing for the compulsory acquisition of land for the Government or for any local authority or for a Railway Company, or lands belonging to the Government within a Cantonment, while such lands remained the property of the Government, or of any local authority or Railway Company or lands owned by the Government or by any local authority which are used for any public work, such as a road, canal or embankment, or are required for the repair or maintenance of the same, or to a proprietor’s private lands known as khamar. nij-nij jot. zirat. sir, or khamat, where any such land is held under a lease for a term of years or under a lease from year to year.

(2) Where any land has vested in the State under the provisions of the West Bengal Estates Acquisition Act, 1953, and the land has not been retained by any intermediary or any person where such intermediary or person is entitled to retain it under that Act, then, as from the date of the vesting of the land in the State, nothing in Chapter V shall confer a right of occupancy in, and nothing in Chapter VI shall apply to, the land or any part thereof.

Power for State Government to order survey and record of proprietor’s private lands.—The State Government may, from time to time, make an order directing a Revenue-officer to make a survey and record of all the lands in a specified local area which are a proprietor’s private lands within the meaning of section 116.

Power for Revenue-officer to record private land on application of proprietor for tenant.— In the case of any land alleged to be a proprietor’s private land, on the application of the proprietor or of any tenant of the land, and on his depositing the required amount for expenses, a Revenue-officer may, subject to and in accordance with rules made in this behalf by the State Government, ascertain and record whether the land is or is not a proprietor’s private land.

Procedure for recording private land.— When a Revenue-officer proceeds under section 117 or 118, the provisions of sections 103A, 103B, 106, 107 108, 109 and 115C shall apply.

Rules for determination of proprietor’s private land.— (1) The Revenue-officer shall record as a proprietor’s private land —

(a) land which is proved to have been cultivated as khamar, zirat, sir, raj, nij-jot or khamat by the proprietor himself with his own stock or by his own servants or by hired labour for twelve continuous years immediately before the passing of this Act, and

(b) cultivated land which is recognised by village usage as proprietor’s khamar, zirat, sir-nij, nij jotor khamat.

(2) In determining whether any other land ought to be recorded as a proprietor’s private land, the officer shall have regard to local custom, and to the question whether the land was before the second day of March, 1883, specifically let as proprietor’s private land, and to any other evidence that may be produced; but shall presume that land is not a proprietor’s private land until the contrary is shown.

(2a) Notwithstanding anything contained in any agreement or compromise, or in any decree which is proved to his satisfaction to have been Obtained by collusion or fraud, a Revenue-officer shall not record any land as a proprietor’s private land, unless it is proved to be such by satisfactory evidence of the nature described in sub-section (1) or sub-section (2).

(3) If any question arises in a Civil Court as to whether land is or is not a proprietor’s private land, the Court shall have regard to the rules laid down in this section for the guidance of Revenue-officers.