Skip to main content

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 the Revenue Officer. The court held that as per definition of Bargadar under section 2(2) of West Bengal Land Reform Act 1955, only one person is entitled to cultivate a plot of land under the system Barga or bhag and is entitled to have recording his name as bargadar.
          Hence it appears that in a particular specific plot there cannot be bargadar more than one person and there is no concept of excerise of joint Barga right under the four corners of the West Bengal Land Reform Act 1955.
                         

Q. State the provision related to the “Certain safeguards for plot of land cultivated by bargadars" as per section 15 of West Bengal Land reform Act , 1955? 

Ans- The provisions of certain safeguards for plot of land cultivated by bargadars are given below-

(1) The provisions of clauses (b) and (c) of sub-section (4) of section 4 shall not apply to the [plot of land]of a raiyat or any part of it which is cultivated by a bargadar so long as cultivation by a bargadar continues.

(2) The right of cultivation of land by a bargadar shall, subject to the provisions of this Chapter, be heritable and shall not be transferable.

(3) The provisions of this Chapter shall not apply to any person not belonging to a Scheduled Tribe claiming to be a bargadar under a raiyat belonging to a Scheduled Tribe.

All the provisions of chapter III deal with the rights of the bargadars and protective measures and safeguards for bargadars when the land of the owner is cultivated by the bargadars. 

                          _______

Popular posts from this blog

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 ...
Read more

Latin Maxim 'NOSCITUR A SOCIIS'

  NOSCITUR A SOCIIS “A Latin Phrase” Noscitur: to know    --      Sociis: Association “To know from the association” Meaning of a word is to be judged by the company it keeps. Unclear word or phrase should be determined by the words immediately surrounding it. If multiple words having similar meaning are put together, they are to be understood in their collective. Questionable meaning of a doubtful word can be derived from its association with other words. This principle needs a word or phrase or even a whole provision that stands alone has a clear meaning. Where it can be used: When the associated words have similar meaning. When the intention or legislator is not clear. Where it cannot be used : When the words have disjoint meaning. When the intention of the legislator is clear. Case Law: Alamgir V. State of Bihar - The Sc held that though the word “detains” generally means detention against will, this meaning cannot be attributed to the ...
Read more