Kolkata Land-revenue Act, 2003
No: 15 Dated: Aug, 06 2003
THE KOLKATA LAND-REVENUE ACT, 2003
West Bengal Act XV of 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 Development 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 I
Preliminary
1. Short title, extent and commencement:- (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.
2. Definitions:- 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;
(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 Bardhaman Division;
(e) "high-rise building" means any multi-storyed 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 appoint 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 Corporations of Kolkata and Howrah and other municipalities under the jurisdiction of Kolkata Metropolitan Development Authority;
(I) "revenue year" means the Bengali year commencing on the first day of Baisakh;
(m) "State 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.
3. Act to have overriding effect:- 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 judgement, 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
4. Liability to pay revenue:- (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