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West Bengal Land Reforms act 1955

    West Bengal Land Reform Act 1955

      #Notes #Law #Section14G                   

             

Q.1)  Discuss in brief the power to the revenue officer to settle or sell plot of land for realization of certificate dues as per section 14G of West Bengal land reform Act 1955 .

Ans - The provisions of  Power to the Revenue Officer to settle or sell [plot of land] for realization of certificate dues section 14G are given below—

(1) When a certificate is filed for the recovery of an arrear of revenue or any other public demand recoverable under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913), in respect of the [plot of land] of a raiyat belonging to a Scheduled Tribe, the Certificate Officer shall, before a proclamation for sale of the [plot of land] is issued in execution of the certificate, refer the case to the Revenue Officer having jurisdiction who may, in his discretion—

(i) eject the defaulting raiyat from his [plot of land] and put another person belonging to a Scheduled Tribe in possession of the [plot of land] for a period not exceeding seven years on payment of the amount due in respect of the certificate by him; or

(ii) sell the to a member of a Scheduled Tribe, if available, and, if not available, to any other person at a fair market price to be fixed by the Revenue Officer, not being less than the amount due in respect of the certificate: Provided that if the homestead of the defaulting raiyat is comprised in the [plot of land], he shall not be ejected from such homestead under clause (a), nor shall such homestead be sold under clause (b).

(2) (a) If the Revenue Officer puts any person in possession of the [plot of land] under clause (a) of sub-section (1) for any period, the amount paid by such person shall, at the end of such period, be deemed to have been satisfied in full, and the Revenue Officer shall then restore the [plot of land] to the defaulting raiyat.

(b) If the Revenue Officer sells the [plot of land] under clause (b) of sub-section (1), any amount that may remain out of the sale-proceeds after satisfaction of the amount due in respect of the certificate shall be paid to the defaulting raiyat.

Q.2) when the partition is affected by a registered instrument, the registraing officer shall accpect such instrument for registration only after getting two formality properly done. What are those formality? (Section 14 of  WBLR Act of 1955)

Ans- the partition is affected by a registered instrument, the registraing officer shal accpect such instrument for registration only after getting two formality properly done. those formalites are under section 14. (a) Notice giving particulars of the plot of land and area of each share and, (b) Prescribed prosses- fee.

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