Raiyats in West Bengal Land Reforms Act 1955

'' Land'' is a very important issue in different connotations. It is rightly stated by the Supreme Court in Shri Ram Narayan vs State of Bombay, AIR 1953 SC 459 - ''Land'' , that is to say rights in or over land, land tenures including the relation of landlord and tenant, the collection of rents; transfer and alienation of agriculture lands ; land improvement and agriculture loans; colonization''. In the other words, '' Land '' is an immovable and indestructible three dimensional area consisting of a portion of the earth's surface, the space above and below the surface, and everything growing on or permanently affixed in it. Not only the concept of land, its use is also multidimensional, because land is used for agricultural purpose as well as non agricultural purposes, to construct building, highway, etc.

Raiyat - Section 2 (10) of the west Bengal Land Reform Act 1955 defines Raiyat. ' Raiyat ' means a person or an institution holding land for any purpose whatsoever. person ' has been defined in the General Clauses Act 1897 in section 3(42) as follows. ''Person shall include any company or association or body of individuals whether incorporated or not''. A Raiyat can hold land for agricultural purpose and not only that '' a land held for non agricultural purpose by a person is also Raiyat''. Similar view was taken by the Court in Pafulla Kumar Maity Vs Amal Krishna Mishra where the court observed that a Raiyat may hold land which is being used for non-agricultural purpose apart from agricultural or homestead land.

Do you know about Bargadar under West Bengal Land Reforms Act 1955.

Q. What is the definition of Bargadar ? Ans- Section 2 (2) of the West Bengal Land Reform Act 1955 defines bargadar. Basically Bargadar means a person who cultivates the land of another person, on condition of delivering a share of the produce or Bhag produce of the land to the owner, or on condition of receiving a share of the produce or Bhag produce from the owner of such land but does not include the near relatives of the owner of the land, such as wife or husband or child etc. List of such relations are mentioned in sections 2(2)(a) to (n) under West Bengal Land Reform Act 1955. Generally a person who delivers a bhag produce to the owner of the land is known as Adhi, Barga or Bhag and a person who receives a bhag produce from the owner of the land is known as Kisani . In the case , Tapan Kumar Ghosh Vs State of West Bengal, petitioner's names were recorded as bargadars in respect of certain portions of land instead of entire plots of land by th...

Rights Of Raiyat in West Bengal Land Reforms Act 1955

What are the rights of raiyat in respect of land under West Bengal Land Reforms Act 1955? Section 4 of the West Bengal Land Reforms Act 1955 , stated that the provision of rights of Raiyat in respect of land. Section 4 mentions the extent of the rights of Raiyats along with the limitations in respect of their land. Sub-section ( 1 ) declares the Raiyat as an absolute owner of his plot of land and also makes the right heritable and transferable. But a person or an institution shall not be regarded as a Raiyat for the purpose of this section if such person or institution holds any plot of land - i ) under any permit, lease or license granted under the provisions of this section ,or ii) as a ' thika ' tenant defined in section 2 (14) of the West Bengal Thika Tenancy (Acquisition and Regulation ) Act 2001, or iii) under ' sariati 'interests or by retaining such plot of land under section 6 (1)(g) , read with section 6 (3) of the West Bengal Estates Acquisitio...

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