The West Bengal Land-Revenue and Cess (Apportionment) Act

The West Bengal Land-Revenue and Cess (Apportionment) Act, 1963
Act 24 of 1963
Keyword(s):
Collector, Land-Revenue
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West Bengal Act X X N of 1963'
THE WEST BENGAL LAND-=VENUE AND CESS
( A P P O R T I 0 ' ~ N T )ACT, 1963.
At1
JO of t956.
Act to apportion or defernrinerke lar~d-revet~rre
atrd ;he cess payable
in rcxpect o f c e m i r ~Irrtfds in Wesr Bet~gal.
WHEREAS
as a resuli of the lransfcr of ccrtain territories from thc Statc
of Bihar lo the Slate of Wcst Bcngal by Ihc Bihm. and Wcst Bcngal
(Transfer of Terri~ories)Act, 1956, lands cornpriscd in somc rcvcnucpaying and some rcvcnue-€rce estates have fallen partly in the State of
Bihar and partly in thc Sratc of West Bcngal;
\VHEMS it is expedient to apporiion or dctcrrninc thc landand the cess payable in respect of such Iands which arc now
includcd in Wcst Bcngal;
Am
revenue
'-
I[ is hereby enacled in ~ h Founccnth
e
Ycar of thc Rcpublic of India, by
the Legislalure of West Bengal, as follows:1. (1) TIis Act may be callcd [he W c s ~Bcngal Land-Rcvcnuc and
Cess (Apportionment) Act, 1963.
(2) 11exlends to [he whole of Wesr Bengal.
2.
Shon rirlc
and exlent.
In this Act, unless there is anylhing repugnanl in h e subjec~or
context,-
(a) "Collector" includcs an officer who may be appointed by the
Slale Govemmcn~ro discharge the functions of a Collector
under,&is ACI;
(b) "prescribed" means prescribed by rulcs.madc by thc S ~ a l c
Government undcr this Acr.
3. (1) TheCollector shall, ahergivingnoucc lo ~epcrsonsconccrned, Apponionappor~ionor determine the land-revenue and cess, or thc ccss payablc in mentor
dctcrrninnrcspect or such of the lands comprised in revenue-paying or revcnue-rrce lion orlandmrl
cstatcs, as the case may be, which have been includcd in Wcsr Bcngal revenue
CCSS.
as a rcsulr of lransfer of cerlain terrilories horn thc Slarc of Bihar to hc
Slate of West Bengal by [he Bihar and West Bengal (Transfer of
Territories) Act, 1956, in such manner and in accordance with such
principles as may bc prescribcd.
'For Stalc~neniolobjecrs and Rcxons. xee thc Calcvrrd Gazerre, Fxrrunrhraq ol the
291hJuly. 1963, Pan WA. page 2270(c); Tor proceedings of thc \Vest Bengal Lgislalive
Assembly. ~ e [he
e proceedings of h e meling o f that Assembly held on rhc 19th August.
1963;and forpmcecdingsof thc West BengdLe~sIauveCouncil,seerhepmccdings o l l h c
I
I
I
The West Betlgol Lmd-Revenrre ar~dCess
( A p p o d o r ~ ~ ~ lAct.
e ~ l t1963.
)
[West Ben. Act XXW of 1963.1
(Secriotrs 4-6.)
(2) The land-revenuc and h e cess apportioned or dc~crrninedunder
sub-secrion ( I)shall bc natificd in such manner as may bc prescribed.
4. . (1) Any person aggrieved by h e apportionment or detcrminauon
of land-revenue and ccss under scction 3 may,within such lime as may be
prescribed, appeal,(a) to the Collector of the Dislricl, when apporlionment or
delerminalion i s madc by an oficer other than thc Collector
of he dislricl, and
(b) to h e Divisional Commissioner, when apportionment or
determinalion is made by he Colleclor of the district.'
(2) Thc dioision of h e Appellale Officer on such appeal shall be final
and no civil courL shall have jurisdiclion in respec1 df the apportionment
or determinalion of land-revenue and cess undcr h i s Act.
5.
The land-revenue and ccss a p p o ~ o n e dor determined undcr h i s
Act shall, notwithsranding anylhjngconlained in any othcrlaw for the lime
being in force, be deemed to have come into forcc on-andfrom the first day
of November, 1956.
Powcr ro
ulakc rules.
6. ( I ) The Shle Government may make mlcs for carrying out the
purposes of this Act.
(2) In pmicular and wilhoul prejudice 10 the generality of Ihe
foregoing powcr, such rules may provide for all or any of the following
matlcrs, namely:(a) the manncr of, and the principles for, apporlioning or
delcrmining land-revenue and cess in rcspecrof lands referred
to in secdon 3 and the manner of noufying such land-revenue
and cess;
(6) the time wilhin which-an appeal under seclion 4 shall be
madc:
(c) the fees, if any, payablc on pelitions of appeal and h e
procedure lo be followed in rcspccl of such appeals.
West Bengal Act XXVI of 1963l
THE WEST BENGAL LOCAL AUTHOIUTIES
(POSTPONEMENT OF ELECTIONS)
IREPEALING ACT, 1963.
An Acr ro repeal file West Bellgal Local Astl~oriries(Posrpunerrrent of
Electiotrs) Acr. 1963.
\vc<t Ecn.
ACI XIX OI
1963.
W H E R ~il Sis expedienl to rcpcal the Wcst Bengal Local Authorities
(Posrponement of Eleclions) Act, 1963, and to validale cenain steps takcn
for holding certain elections during h e conlinuance in force of h a r Acl:
I ~ ihereby
s
cnactcd in thc Fourteenth Year ofthe Republic of India, by
the Legisla~ureof Wcst Bcngal, as follows:1. ( I ) This ACLmay be called the Wcst Bcngal Local Authorilies
(Postpanemenl of Elections) Repealing Acr, 1963. (2) It cx~endslo the whole of Wcst Bcngal.
Shon tirle
and exlent.
2. (1) The W c s ~Bengal Local Aulhorilics (Poslponement of
Elections) A a , 1963 (hereinafter referred to as hc said Acr), is hereby
repealed.
Kcpcd nnd
Sa'ngS.
(2) Subjecl 10 [he provisions of secrion 3, such repeal shall not aflec~
any thing, action, right, privilege, obligadon or liability done, raken,
acquired, accrued or incurred or suffered to be done, taken, acquired.
accrued or incurrcd under h e said Act.
3. 11 is hcrcby declared rhat anything donc or any action taken for or
in connecrion wirh [he holding of an eleclion or any election hcld after Ihe
commcncenlenr ofrhc said Acr and before hecoming into oprration ofthis
ACLshall, notwilhstanding anyhing conlained in the said Acl, be deemed
lo have been as validly done, taken or held, as the case may be, as if his
Act had been in operation when such hing was done, such action was taken
or such election was held.
Explaea~ion.--In this scclion "election" has the samc mcaning a s in
~ h said
c Act.
'For Statcrncnr of Objccrs and Reasons, 5ee the Culcrrrru Guzeffe.hrraordi~~ary
of h e
77th August, 1963, PXI IVA. page 2746; for procwdings or thc Wcst Bcngal Legislruive
Asscmbly,sce tk prowedings oithc mccung or that Psscrnbly held on rhe 2nd Seplcmbcr,
1963:and lorpmceedinporthr Wcrr Rcnpal Lc~sldvcCouncil.sccthcpmecdinps oPhc
Validity
fCmn
tben.
S1ePS