Bargadar

“Bargadar” means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to that person; and includes a person who under the system generally known as kisani or by any other description cultivates the land of another person on condition of receiving a share of the produce of such land from that person;

but does not include a person who is related to the owner of the land as-

(a) wife, or

(b) husband, or

(d) grandchild, or

(e) parent, or (t) grandparent, or

(g) brother, or

(h) sister, or

(i) brother’s son or brother’s daughter, or

(j) sister’s son or sister’s daughter, or

(k) daughter’s husband, or (/) son’s wife, or

(m) wife’s brother or wife’s sister, or

(ma) husband’s brother, or

(n) brother’s wife, and

Explanation.—A bargadar shall continue to be a bargadar until cultivation by him is lawfully terminated under this Act;

Barga means ‘share’ in English. Maratha Bargi under BHASKAR PANDIT used to come in Bengal to collect 1/4 [ Chouth] share forcefully, and later Nawab Ali Bardi Khan kicked them out from the Bengal once for all.

15. Certain safeguards for [plot of land] cultivated by bargadars.-

(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.

15A. Continuation of right of cultivation on bargadar’s death

(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.

16. Share of produce payable by a bargadar.

(1) The produce of any land cultivated by a bargadar shall be divided as between the bargadar and the person whose land he cultivates—
(a) in the proportion of 50 : 50, in a case where plough, cattle, manure and seeds necessary for cultivation are supplied by the person owning the land,

(b) in the proportion of 75 : 25, in all other cases.

(2) The bargadar shall tender, within the prescribed period, to the person whose land he cultivates, the share of the produce due to such person.

(3) Where any share of produce tendered under sub-section (2) is accepted by the person whose land is cultivated by the bargadar, each party shall give to the other a receipt, in such form as may be prescribed, for the quantity of the produce received by him.

(4) If the person whose land is cultivated by the bargadar refuses to accept the share of the produce tendered to him by the bargadar, or to give a receipt therefor, the bargadar may deposit, within the prescribed period, such share of the produce with such officer or authority as may be prescribed and such deposit shall discharge the bargadar from his obligation to deliver the share of the produce to the person whose land he cultivates:
Provided that where the quantity of the produce deposited by the bargadar is lesser than the quantity of the produce due to the person whose land he cultivates, the obligation of the bargadar with regard to the delivery of the deficiency in relation to the produce shall continue.

(5) Where a deposit referred to in sub-section (4) has been made, the prescribed officer or authority shall—
(a) give to the bargadar a receipt in such form as may be prescribed stating therein the quantity of the produce deposited by the bargadar and the particulars of the person for whom the produce has been deposited; and

(b) give intimation of such deposit, in such form and in such manner as may be prescribed, to the person for whom the produce has been deposited.

(6) Where any produce is deposited under sub-section (4) and the person for whom the produce has been deposited does not take delivery of such produce within fifteen days from the date of service on him of the intimation of such deposit, the officer or authority referred to in sub-section (4) may sell such produce and deposit the proceeds of such sale, after deducting therefrom the cost of conducting the sale, in the treasury, in revenue deposit, to the credit of the person for whom the produce has been deposited and give intimation of such deposit to such person, in such form and in such manner as may be prescribed.

(7) The bargadar shall store or thresh the produce—
(a) at such place as may be agreed upon between him and the person whose land he cultivates, or

(b) where there is disagreement between them, at such place as may be fixed by him after giving notice, in writing, served in the prescribed manner to the person whose land he cultivates: Provided that the person whose land is cultivated by the bargadar may at any time during the storage or threshing of the produce, enter the place where the produce has been stored or is being threshed for the purpose of inspecting the storage or threshing, as the case may be, of the produce.

17. Termination of cultivation by bargadar.

(1) No person shall be entitled to terminate cultivation of his land by a bargadar except in execution of an order, made by such officer or authority as the State Government may appoint, on one or more of the following grounds—

(a) that the bargadar has without any reasonable cause failed to cultivate the land, or has used it for any purpose other than agriculture;

(b) that the land is not cultivated by the bargadar personally;

(c) that the bargadar has failed to tender deposit to the full extent the share of the produce as required by sub-section (2), or sub-section (4), as the case may be, of section 16:

Provided that no order for the termination of cultivation, made on the ground specified in this clause, shall be given effect to if the bargadar delivers to the person, whose land he cultivates, the share of the produce due to such person, or pays to him the market price thereof, within such time and in such instalments as the officer or authority making the order may, having regard to all the circumstances of the case, specify in his behalf;

(d) that the person owning the land requires it bona fide for bringing it under personal cultivation:

Provided that the person owning the land shall be entitled to terminate cultivation by a bargadar of only so much of land as, together with any other land in the personal cultivation of such person, does not exceed 3.00 hectares :

Provided further that such person shall not be entitled to so terminate cultivation by a bargadar as to reduce the aggregate area of the land cultivated by the bargadar to less than 1.00 hectare.

Explanation.—In determining the areas specified in the foregoing provisos no transfer of land made after the commencement of the West Bengal Land Reforms (Amendment) Act, 1970, shall be taken into account.

Explanation.—For purposes of clause (b), a bargadar who cultivates the land with the help of members of his family shall be deemed to cultivate it personally.

(2) If an owner fails to bring under personal cultivation any land, the cultivation of which by a bargadar has been terminated under clause (d) of sub-section (1) within two years from the date of such termination or allows such land to be cultivated by some other person, the land shall vest in the State free from all encumbrances under an order of the prescribed authority in the prescribed manner, and the owner of the land shall be entitled to an amount therefor in accordance with the provisions of section 14V.]

(3) xxx

(4) No bargadar shall be entitled to cultivate more than [4.00 hectares] of land. In computing this area any land owned by the bargadar as well as the land cultivated by him as a bargadar shall be taken into account.
(5) If a bargadar cultivates land in excess of [4.00 hectares] the share of the produce due to him as a bargadar in respect of the land in excess of [4.00 hectares] shall be forfeited to the State Government by the order made in this behalf by a Revenue Officer.
(6) Where any land cultivated by a bargadar is in excess of the limit specified in sub-section (4), the person whose land is cultivated by such bargadar shall, if the excess land is within the provisions of Chapter II-B, have the land cultivated by any person referred to in section 49 who is willing to cultivate the said land as a bargadar.

Explanation.—For the purposes of clause (d) of sub-section (1) and sub-section (2), “personal cultivation” shall not include cultivation by servant or labourers on wages payable in cash or in kind not being as a share of the produce, or both.