The Kolkata Land Revenue Act, 2003

Part III – Act of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

NOTIFICATION

No. 2198-L—31st December, 2003. The following Act of the West Bengal Legislature, having been assented to by the Governor is hereby published for general information :–
West Bengal Act XV of 2003

The Kolkata Land Revenue Act, 2003
&
The Kolkata Land Revenue (Ammendment) Act, 2003.

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary of the 6th August, 2003.]

An Act to provide for securing the land –revenue within the jurisdiction of the Municipal
Corporations of Kolkata and Howrah and other municipal areas under the Kolkata Metropolitan Department Authority as may be extended from time to time and in relation to matters connected therewith or incidental thereto.

WHEREAS it is expedient that the land-revenue accruing due to the State of West Bengal
within the jurisdiction of Municipal Corporations of Kolkata and Howrah and other municipal areas under the Kolkata metropolitan Development Authority, as may be extended from time to time, be ascertained and collected in a summary manner;

It is hereby enacted in the Fifty-fourth Year of the Republic of India, by the Legislature of
West Bengal, as follows :-

CHAPTER 1
Preliminary

1. (1) This Act may be called the Kolkata Land – revenue Act, 2003.

(2) It extends to the areas included within the limits of kolkata Municipal
Corporation, Howrah Municipal Corporation and municipal areas within the meaning of the West Bengal Municipal Act, 1993, which are falling within the jurisdiction of Kolkata
Metropolitan Development Authority as may be extended from time to time.
(3) It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint.

1. In this Act, unless there is anything repugnant in the subject or context, –

(a) “certificate’ means a certificate signed under the Bengal Public Demands Recovery Act, 1913;

(aa) “ Chief Revenue Officer” means the Director of Land Records & Survey and Joint
Land Reforms Commissioner, West Bengal.”

(b) “Collector” means Collector of Stamp Revenue, Kolkata or Collector of the districts
of North 24 Parganas, South 24 Parganas, Nadia, Hooghly, Howrah and any other
officer appointed by the State Government to discharge all or any of the functions of
a Collector under this Act;

(c) “commercial purpose” means use of any plot of land or a part thereof for carrying out
any trading, commercial or industrial activity;

(d) “Commissioner” means the Commissioner of the Presidency Division and Burdhaman
Division.
(e) “high-rise building” means any multi-storied building above five floors;
(f) “land” means any land used or purported to be used for residential, commercial or
industrial purpose or for any other purpose whatsoever;
(g) “plot of land” means land or lands held by a raiyat and treated as a unit for
assessment of revenue;
(h) “prescribed” means prescribed by rules made by the State Government under this
Act;
(i) “raiyat” means a person who holds land for commercial, residential or industrial
purpose or for whatever purpose but does not include a lessee of Government land.

Explanation – For the purpose of this clause, “person” includes an individual,
a firm a company, an institution or an association or body of individuals, whether
incorporated or not;

(j) “revenue” means whatever is lawfully payable in money by a raiyat under the
provisions of this Act in respect of any plot of land or part thereof held by him for a
revenue year or a part thereof;

(k) “Revenue Officer” means any officer whom the State Government may appointment
by name or by virtue of his office to discharge any of the functions of a Revenue
Officer in any area within the local limits of the Municipal Corporation of Kolkata
and Howrah and other municipalities under the jurisdiction of Kolkata Metropolitan
Development Authority;

(l) “Revenue year’ means the Bengali year commencing on the first day of Baisakh;

(m) “Statement Government” means the Government of the State of West Bengal;

(n) “vacant land” means land, not being land mainly used for the purpose of agriculture,
within the local limits of Kolkata and Howrah Municipal Corporations and other
municipalities under the jurisdiction of Kolkata Metropolitan Development Authority.

1. The provisions of this Act shall have effect notwithstanding anything inconsistent
   therewith in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or other authority or in any instrument having effect by virtue of any law other than this Act or in any control, custom or usage to the contrary.

CHAPTER II
Provisions as to Land-revenue

1. (1) A raiyat shall be liable to pay revenue for his plot of land.
   (2) Revenue shall be a first charge on the plot of land held by the raiyat.

2. (1) Notwithstanding anything to the contrary contained in any judgment, decree, or order of any court or tribunal, or in any other law for the time being in force, a raiyat shall, with effect from such date as the State Government may, by notification in the Official Gazette, specify, pay revenue for his land in the following rate, where such land is used –

(a) for the purpose of setting up any mill, factory, workshop or for other commercial
purposes-rupees two hundred per 0.01 acre;
(b) for homestead or residential purpose-rupees forty five per 0.01 acre;
(c) for purpose of setting up any high-rise building meant to be used as residential or
commercial establishment-rupees two hundred per 0.01 acre;
(d) for the purpose of setting up an institution of non-commercial nature-rupees forty five per 0.01 acre;
(e) for the purpose of setting up an institution of commercial nature-rupees two hundred
per 0.01 acre;
(f) as parks, gardens or water-body on commercial basis-rupees two hundred per 0.01
acre;
(g) as vacant land on commercial basis –rupees two hundred per 0.01 acre; and
(h) as vacant land on non-commercial basis- rupees forty per 0.01 acre;

Provided that in municipal areas outside the jurisdiction of the Municipal Corporations
of Kolkata and Howrah, and Bidhannagar Municipality, the rate of revenue, payable by a
raiyat for use of land in connection with any commercial purpose referred to in clauses (a), (c), (e), (f) and (g) shall be rupees one hundred and seventy-five per 0.01 acre and for noncommercial and residential purposes referred to in clauses (b), (d) and (h) the rate of revenue payable shall be rupees thirty-five per 0.01 acre.

Provided further that land-revenue at the above rate or at the existing rate, whichever is
higher , shall be payable.

Explanation I—For land other than land as defined in clauses (f) and (n) of section 2 of
this Act, land-revenue shall be paid in terms of clause (a) of section 23 of the West Bengal
Land Reforms Act, 1955. If due to change in use of such land creates land as defined under this Act, land-revenue shall be charged under the provisions of this Act.

Explanation II— For the purpose of securing land-revenue, any area constituted by the
State Government as a notified area under section 378 of the West Bengal Municipal

(2) The rate of revenue, determined under sub-section (1), shall be increased at the rate of ten Per centum after every five years.

1. Notwithstanding anything contained elsewhere in this Act, the following lands shall be
   exempted from the payment of revenue under this Act –
   (a) Land owned by Central Government, State Government and Local bodies; and
   **(aa) Land held by any educational institution as the State Government may, by notification,
   specify.
   (b) Land used as public roads, burial ground, places of worship and burning ghat.

(a) in case of a land situated within the local limits of the Kolkata Municipal Corporation
or the Howrah Municipal Corporation, on the basis of holding register of  such corporation or on the basis of return filed and self-assessment made by the raiyat
under section 7A till the record-of-rights in respect of the interests of a raiyat are
prepared and finally published under the provisions of the West Bengal Estates
Acquisition Act, 1953, or the West Bengal Land Reforms Act, 1955, as the case may
be;

(b) in case of a land situated within the local limits of Bidhannagar Municipality, on the
basis of municipal holding register or records of Urban Development Department, as
are convenient or on the basis of return filed and self-assessment made by the
raiyat under sec. 7A till the record-of-register in respect of the interests of a raiyat
are prepared and finally published under provisions of the West Bengal Estates
Acquision Act, 1953 or the West Bengal Land Reforms Act, 1955, as the case may be;

(c) in case of a land situated within the local limits of municipalities other than the
Municipality referred to under clause (b), on the basis of the record-of –rights in
respect of the interests of a raiyat prepared and finally published under the provisions
of the West Bengal Estates Acquisition Act, 1953 or the West Bengal Land Reforms
Act, 1955, as the case may be.

(2) (a) The demand of revenue shall be fixed ward-wise on the bases of assessment or
reassessment made by the Revenue Officer under sub-section (1) and notice shall be
issued to the raiyat concerned to pay revenue with arrears, if any, within such date,
and in such manner, as may be prescribed.
(b) Provided that where the revenue paid by a raiyat on the basis of self-assessment under sec. 7A in more than the demand of revenue fixed by the Revenue Officer under this sub-section, the Revenue Officer shall repay or adjust the excess amount so paid, in
the subsequent revenue year, in such manner as may be prescribed.

(3) The collection of revenue shall be made in the manner as may be prescribed.

7A (1) Every raiyat who holds a plot of land situated within the local limits of the Kolkata Municipal Corporation or the Howrah Municipal Corporation or the Bidhannagar Municipality and is liable to pay revenue shall, within such time as the State Government may, by notification, specify, furnish to the Revenue Officer concerned
or return in respect of his plot of land containing such particulars, within such time
and such manner, as may be prescribed.
(2) Wherever, as a result of any transfer effected by inheritance, sale, purchase, gift,
exchange, surrender, settlement or by any other manner whatsoever, or as a result of
partition, there is any change in the aggregate area of plot held by a raiyat to which
this Act extends, such raiyat shall furnish to the Revenue Officer concerned a return in
respect of his plot of land containing such particular, within such time and in such
manner, as may be prescribed.
(3) Every raiyat shall, at the time of filing return under sub-section (1) of sub-section (2),
as the case may be, pay revenue for his plot of land on the basis of self-assessment in
such manner as may be prescribed.

8.(1) Any person aggrieved by the assessment or reassessment made by the Revenue
Officer under sub-section (1) of the Sec. 7 as regards his plot of land or part there of
or any order made by him regarding fixation and alternation of revenue may, within
thirty days from the date of such assessment or reassessment or order, as the case
may be, prefer appeal before the collector.

Provided that the Collector may transfer any appeal filed before him for disposal to
any officer, subordinate to him but senior in rank and position to the officer against
whose order the appeal has been preferred. Every such appeal shall be dealt with from
the stage at which it was so transferred and shall be disposed of in accordance with the
manner as may be prescribed.

(2) Any person aggrieved by the order passed by the Collector in an appeal may, within
three months from the date of passing of such order, prefer an appeal before the West
Bengal Land Reforms and Tenancy Tribunal established under clause (a) of subsection(1)
of section 4 of the West Bengal Land Reforms and Tenancy Tribunal Act,
1997.

1. No suit or other legal proceedings shall be instituted in any civil court in respect of the
   determination and collection of any revenue or the omission to determine and collect
   any revenue under this Chapter.

CHAPTER III
Management of Government Khasmahal land and any other Government land

1. (1) All Khasmahal land, other Government lands, and interest therein belonging to the State Government shall, unless the State Government otherwise directs by any general or special order and subject to such rules as may be made by the State Government in this behalf, be managed by the District Land & Land Reforms Officer in whose jurisdiction such land is situated.

Provided that the State Government may entrust the management of such lands
belonging to it in any area to such authority as may be prescribed and such authority
shall, thereupon, manage the lands subject to the control of the State Government and
in accordance with such rules as may be made in this behalf.

(1A) Settlement of any khasmahal land or any other Government land for any period, may be made with any person or institution on such terms and conditions including
periodical payments, with or without any premium being charged therefore, in such
manner as may be prescribed.

Explanation :- For the purpose of this sub-section, “Person” includes an individual, a firm, a company, an institution, or an association or body of individuals, whether incorporated or not.
(2) The State Government may, while making rules under section 21, provide for
establishment of any Government company or any co-operative society or any
institution or authority or agency in the public interest for utilization of any land.

CHAPTER IV
Miscellaneous

1. The State Government may, by notification in the Official Gazette, delegate any of its
   powers to be exercised, to any authority subordinate to it subject to such reservations
   as may be specified in the notification.

15 A The Chief Revenue Officer shall be in charge for assessment, reassessment and
collection of revenue as well as for monitoring the work related therewith and may,
from time to time issue necessary instruction, not inconsistent with the provisions of
this Act and the rules made there under, for the purpose of assessment, reassessment
and collection of revenue under this Act.

1. Notwithstanding anything contained elsewhere in this Act or in any other law for the
   time being in force, the Revenue Officer, having jurisdiction in the area in which any
   land is situated, shall be necessary party to all suits of civil nature relating to any such
   land or portion thereof in which one of the parties to the suit is a member of any
   Scheduled Tribe and the other party is not a member of any Scheduled Tribe.

a) summoning and enforcing attendance of any person and examining him on
oath as a witness,
b) requiring the discovery and production of any document or record,
c) receiving evidence on affidavits,
d) requisitioning any public record or copy thereof from any court or office,
e) issuing commission for the examination or witnesses or document,
f) enforcing or executing orders including an order for restoration of
possession as if such orders were decrees of a civil court,
g) remanding any case or proceedings to the officer from whose decree the
appeal is preferred.
And such officer shall record the substance of the evidence , if any, taken by him.

1. Record-of-rights in the original jurisdiction of Kolkata as provided in Schedule I to
   the Kolkata Municipal Corporation Act, 1980, shall be prepared in terms of section
   51 of the West Bengal Land Reforms Act, 1955 and the rules made thereunder.

(2) No suit or other legal proceeding shall lie against State Government for any damage
caused or likely to be caused for any injury suffered or likely to be suffered by virtue
of any provisions of this Act or by anything in good faith done or intended to be done
in pursuance of this Act or the rules made thereunder.

1. (1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.
   (2) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.

2. (1) The Calcutta Land-revenue Act, 1850, shall stand repealed with effect from such date as the State Government may, by notification in the Official Gazette, appoint.
   (2) Notwithstanding such repeal, anything done or any action taken under the Calcutta
   Land-revenue Act, 1850, shall be deemed to have been validly done or taken under the
   provision of this Act.