What happens after the death of the Bargadar! do you know about section 15A under West Bengal Land Reforms Act 1955?

Q. State the provision related to , Continuation of right of cultivation on bargadar’s death, as per section- 15A of West Bengal land reform Act, 1955?

Ans- The provisions of continuation of right of cultivation on bargadar's death are—

(1) Notwithstanding anything contained in any law for the time being in force or in any contract to the contrary, where a bargadar, cultivating any land, dies at a time when cultivation of such land by the bargadar was continuing, the cultivation of such land may be continued by the lawful heir of the bargadar or where there are more than one lawful heir, by such lawful heir of the bargadar as all the lawful heirs of the bargadar may determine within the prescribed period : Provided that where the lawful heirs of the bargadar omit or fail to make a determination as required by this sub-section, the officer or authority appointed under sub-section (1) of section 18 may nominate one of the lawful heirs of the bargadar, who is in position to cultivate the land personally, to continue the cultivation thereof.

(2) The lawful heir of the bargadar who is determined or nominated or the cultivation of the land shall cultivate the land subject to such terms and conditions as may be prescribed.

(3) Where—

(a) no lawful heir of the bargadar is in a position to cultivate the land personally, or

(b) the lawful heirs of the bargadar fail to determine, within the prescribed period, the heir by whom the cultivation of the land will be continued and the officer or authority appointed under sub-section (1) of section 18 also omits or fails to nominate, within the prescribed period, any lawful heir of the deceased bargadar for the continuation of the cultivation of the land, or

(c) the person determined or nominated under sub-section (1) omits or fails to take any steps, within the prescribed period, for the continuation of the cultivation of the land, cultivation of the land may be continued by such person, whether an heir of the deceased bargadar or not, as may be nominated by the person whose land was cultivated by the deceased bargadar.

_______

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...

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 ...

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 ...

Lawnotesbysohini

Search This Blog