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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. 

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