GOVERNMENT OF WEST BENGAL

LAW DEPARTMENT
Legislative

West Bengal Act XXVII of 1993

THE WEST BENGAL GOVERNMENT LAND
(REGULATION OF TRANSFER) ACT, 1993.
[Passed by the West Bengal Legislature.]

[Assent of the President of India was first published in the Calcutta

Gazette, Extraordinary, of the 4th March, 1997.]

[4th March, 1997.]

An Act to provide for the regulation of transfer of Government land and

for certain incidental matters.

WHEREAS it is expedient to provide for the regulation of transfer of

Government land leased to persons of different categories of income and
different cross-section of people with a view to preventing illegal transfer
of such Government land and possession thereof for speculative purposes
and ensuring the use of such Government land by persons, eligible for
allotment of such Government land, for whom, and for the purpose for
which, such Government land is intended and for certain incidental
matters;

It is hereby enacted in the Forty-fourth Year of the Republic of India,

by the Legislature of West Bengal, as follows:—

CHAPTER I

Preliminary

1. (1) This Act may be called the West Bengal Government Land Short title,
(Regulation of Transfer) Act, 1993. extend and
commence-
(2) It extends to the whole of West Bengal. ment.

(3) It shall come into force at once.

2. In this Act, unless the context otherwise requires,— Definitions.

(a) "appellate authority" means any authority, not below the rank
of District Judge, appointed by the Government in respect of
any Government estate or class of Government estates by
notification for the purposes of this Act, and includes different
such authorities for different Government estates or different
classes of Government estates;

417
The West Bengal Government Land (Regulation of Transfer)
Act, 1993.
[West Ben. Act
(Chapter L—Preliminary.—Section 2.)

(b) "competent authority" means any officer, not below the rank
of Deputy Magistrate, appointed by the State Government
by notification to perform the functions of the competent
authority under this Act in respect of such Government estate
or Government estates or class of Government estates or
classes of Government estates as may be specified in the
notification;
(c) "family" has the same meaning as in clause (2) of the
Explanation to clause (1) of sub-section (1) of section 13 of
the West Bengal Premises Tenancy Act, 1956; West Ben.
ActXII of
1956.
(d) "Government estate", in relation to any local area, means an
area planned or developed by the State Government or any
Government undertaking for residential or commercial
purpose or for such other purpose as the State Government
or the Government undertaking, as the case may be, may
determine;
(e) "Government land" means any land comprised in a
Government estate;
(f) "Government undertaking" means a body corporate
constituted by or under a State Act and owned or controlled
or managed by the State Government, and includes any
company, as defined in section 3 of the Companies Act, 1956, 1 of 1956.
which is under the management of, or in which not less than
fifty-one per cent of the paid up share capital is held by the
State Government;
(g) "land" includes buildings and other things attached to the
earth or permanently fastened to anything attached to the
earth.
Explanation.—"Building" shall include a building under
construction;
(h) "lease" has the same meaning as in the Transfer of Property 4 of 1882.
Act, 1882;
(i) "lessee" includes an individual, a family, a firm, a company,
or an association or body of individuals, whether incorporated
or not;
(j) "notification" means a notification published in the Official
Gazette;
(k) "prescribed" means prescribed by rules made under this
Act;

418
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.

XXVII of 1993.]
(Chapter 1—Preliminary—Sec on 2.)

(1) "relation" means,—

(A) in the case of an individual or family,—
(a) any of the two persons who are said to be related
to each other so as one is the father, mother, brother
or sister of the other, or
(b) any of the two persons who are said to be related
to each other by marriage, such as husband and
wife,
but does not include—
(i) any of the two persons who are said to be related
to each other by half blood when they are
descended from a common ancestor but by
different wives, or
(ii) any of the two persons who are said to be related
to each other by uterine blood when they are
descended from a common ancestress but by
different husbands, or
(iii) any of the two persons who are said to be related
to each other so as one is the stepfather or
stepmother of the other;
(B) in the case of a firm, company or association or body of
individuals, whether incorporated or not, any other body
corporate under any law for the time being in force or
registered or established under any law for the time
being in force and compatible with such firm, company
or association or body of individuals.
Explanation.—In this clause, "ancestor" includes
the father and "ancestress" the mother;
(m) "transfer of Government land" includes the transfer of any
right, title, interest or possession in such land, either
in whole or in part, and also includes the transfer to a
tenant or licensee of the right of enjoyment of such land or
the transfer of management of such land by an instrument
creating a power-of-attorney within the meaning of
7 of 1882. the Powers-of-Attorney Act, 1882, or by any other
instrument having effect by virtue of any law other than
this Act.
Explanation.—"Tenant" shall have the same meaning as
West Ben. in the West Bengal Premises Tenancy Act, 1956.
Act XII of
1956.

419
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.

[West Ben. Act

(Chapter II Barto application of certain enactments.—Sections 3-5.—
Chapter Ill.—Transfer or sale of Government land—Section 6.)

CHAPTER II
Bar to application of certain enactments
Certain 3. Notwithstanding anything contained in this Act or in any other
enactments
not to apply law for the trine being in force or in any instrument having effect by
to transfer of virtue of any law other than this Act, or in any decree or order of any
Government
land. court, tribunal or other authority, nothing contained in the Transfer of 4 of 1882.
Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal 9 of 1872.
Premises Tenancy Act, 1956, shall apply, or shall be deemed ever to West Ben.
have applied, to any transfer of Government land to a lessee, either by Act XII
of 1956.
lease or by any other instrument, by or on behalf of the State Government,
and such transfer of Government land shall take effect, and shall be
deemed always to have taken effect, as if the Transfer of Property Act,
1882, or the Indian Contract Act, 1872, or the West Bengal Premises
Tenancy Act, 1956, had not been passed.

Bar to 4. Notwithstanding anything contained in the Registration Act, 1 6 of 1908.

registration 1908, no registering officer shall register any document relating to the
of document.
transfer of Government land, held by any lessee on lease, in favour of
any person, not being the State Government or a Government
undertaking, except with the permission granted by the competent
authority in writing in this behalf.

Permission 5. Any restriction, condition or limitation contained in the

by competent
authority to permission as aforesaid shall be valid and shall take effect according to
be valid not its tenor and intent, notwithstanding anything to the contrary contained
withstanding
anything to in this Act or in any other law for the time being in force or in any
the contrary instrument having effect by virtue of any law other than this Act, or in
contained in
the Act or in any decree or order of any court, tribunal or other authority.
any other
law.

CHAPTER III
Transfer or sale of Government land
Bar to 6. (1) Save as otherwise provided in this Act, no transfer of
transfer of
Government Government land held on lease by any lessee shall be made in favour of
land. any person,- not being the State Government or a Government
undertaking.
(2) Any transfer of Government land made by any lessee shall be
subject to the provisions of this Act.

420
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.

XXVII of 1993.]
(Chapter 111.—Transfer or sale of Government land.—Sections 7-9.)

Transfer of
7. (1) Notwithstanding anything contained in this Act, a lessee Government
may, for the purpose of transfer of Government land held by him on land to
relation.
lease to his relation, make an application to the competent authority in
such manner as may be prescribed.
(2) The competent authority shall, on receipt of the application under
sub-section (1), cause such enquiry as it thinks fit and shall, after being
satisfied that the transfer of such Government land is intended to be
made by the lessee in favour of his relation eligible for allotment of
such Government land under any scheme of allotment by the State
Government of such Government land for the time being in force, grant
permission for such transfer on such condition and in such form as may
be prescribed.

Transfer of
8. (1) Notwithstanding anything contained in this Act, a lessee right of
may, for the purpose of transfer of the right of enjoyment of Government enjoyment of
Government
land held by him on lease to any person, not being the State Government land to
or a Government undertaking, as a tenant or licensee for a limited period tenant or
licensee.
on account of his being unable to undertake the maintenance of any
building thereon, make an application to the competent authority in such
manner as may be prescribed.
(2) The competent authority shall, on receipt of the application under
sub-section (1), cause such enquiry as it think fit and shall, after being
satisfied that the transfer of the right of enjoyment of such Government
land is intended to be made by the lessee in favour of a tenant or licensee,
as the case may be, eligible for allotment of such Government land under
any scheme of allotment by the State Government of such Government
land for the time being in force for a limited period on account of the
inability of the lessee or his family occupying the building as aforesaid
to undertake the maintenance of such building, grant permission for
such transfer on such condition and in such form as may be prescribed.

9. (1) Notwithstanding anything contained in this Act, a lessee Transfer of

manage-
may, for the purpose of transfer of management of Government land mnet of
held by him on lease to any person, not being the State Government or a Government
land by
Government undertaking, by an instrument creating a power-of-attorney instrument
within the meaning of the Powers-of-Attorney Act, 1882, or by any other creating a
7 of 1882.
power-of-
instrument having effect by virtue of any law other than this Act, for attorney.
reasons beyond his control, make an application to the competent authority
in such manner as may be prescribed.

421
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.
[West Ben. Act
(Chapter ILL—Transfer or sale of Government land—Section 10.)

(2) The competent authority shall, on receipt of the application under

sub-section (1), cause such enquiry as it thinks fit and shall, after being
satisfied that the transfer of management of such Government land to
such person by the lessee is necessary, grant permission for such transfer
in such form as may be prescribed.

Disposal of 10. (1) Notwithstanding anything contained in this Act, a lessee,

Government
land by who intends to dispose of any Government land held by him on lease for
lessee. pecuniary or other compelling reasons but who is unable to dispose of
such Government land in favour of his relation, may make an application
to the competent authority for permission for disposal of such Government
land in favour of any person named in the application, not being a relation,
in such manner as may be prescribed. A copy of every such application
shall be sent by the lessee to the Secretary to the Government of West
Bengal, Urban Development Department.
(2) On receipt of the application under sub-section (1), the competent
authority may, if it is satisfied after such enquiry as it thinks fit that the
reasons stated by the lessee for the disposal of such Government land are
cogent and that the person named in the application is eligible for
allotment of such Government land under any scheme of allotment by
the State Government of such Government land for the time being in
force, and if the State Government does not give any notice to the
competent authority within a period of sixty days from the date of the
application under sub-section (1) of its intention to exercise the right of
pre-emption within a period of one hundred and twenty days from the
date of the notice, grant permission for the disposal of such Government
land in favour of the person named in the application under sub-section
(1) on such condition and in such form as may be prescribed:
Provided that if the State Government exercises the right of pre-
emption within the period of one hundred and twenty days as aforesaid,—
(a) the building, if any, constructed by the lessee on such
Government land shall be taken over by the State Government
at such valuation as may be made by the competent authority
on the basis of the cost of construction of such building less
depreciation at the rate in vogue or at the market -value of
such building, whichever is less, and
(b) the lease of Government land shall determine upon payment
to the lessee the value of such Government land which shall
be the amount of salami or premium paid by him to the State
Government in consideration of the price thereof and an
interest at the rate admissible to the deposit in the savings
bank account current at any nationalised bank:

422
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.
XXVII of 1993.]
(Chapter 111.—Transfer or sale of Government land. Section 1L—
Chapter IV—Miscellaneous.—Sections 12.)

Provided further that in the case of any dispute between the parties
in respect of the valuation of the building, such dispute shall be decided
by the competent authority and the decision of the competent authority
shall be final and binding on both the parties.

11. (1) No court, tribunal or other authority exercising any power Sale of
Government
of attachment under any law for the time being in force shall proceed to land.
put on sale any Government land held by any person on lease unless a
notice in writing has been served upon the State Government in the
Urban Development Department, calling upon that Government to
exercise the right of pre-emption within a period of sixty days from the
date of service of the notice.
(2) If the State Government exercises the right of pre-emption within
the period of sixty days as aforesaid,—
(a) the valuation of the building, if any, constructed by the lessee
on such Government land, and
(b) the value of such Government land (other than building),
shall be made or determined, as the case may be, in accordance with the
first proviso to sub-section (2) of section 10, and upon deposit of the
value of such building, if any,and Government land (other than building)
with the court,tribunal or other authority, as the ease may be, the lease of
Government land shall determine, and the State Government
shall re-enter.

CHAPTER IV

Miscellaneous

12. (1) Any person aggrieved by any order of the competent Appeal.
authority under section 7, section 8, section 9 or section 10 or by any
order regarding valuation made by the competent authority under sub-
section (2) of section 11, may prefer an appeal to the appellate authority
against such order within a period of thirty days from the date of
communication of the order to him by the competent authority:
Provided that the appellate authority may entertain an appeal preferred
after the expiry of the period of thirty days as aforesaid, if it is satisfied
that the appellant was prevented by sufficient cause from preferring the
appeal within such period.

423
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.
[West Ben. Act
(Chapter 1V.—Miscellaneous.—Sections 13-15.)
(2) On receipt of an appeal under sub-section (1), the appellate
authority shall, after giving the appellant a reasonable opportunity of
being heard, make such order within a period of ninety days from the
date of admission of the appeal as it deems fit, and shall communicate
the order to the competent authority within seven days from the date of
the order.

Revision. 13. The State Government may call for and examine any records of
any proceedings before the competent authority or the appellate authority
within a period of thirty days from the date of the order by the competent
authority or the appellate authority, as the case may be, and may make
such order thereon as that Government thinks fit. The State Government
shall communicate every such order to the appellate authority and the
competent authority within fifteen days from the date of the order.

Orders under 14. Any order made by—

the Act to be
final and not (a) the competent authority, if not annulled or varied by any
to be order made by the appellate authority under section 12 or by
questioned in
civil court. the State Government under section 13, or
(b) the appellate authority, if not annulled or varied by any order
made by the State Government under section 13, or
(c) the State Government under section 13,
shall be final and shall not be questioned in any civil court.

Determination 15. (1) Where a lessee makes any transfer of Government land held
of lease.
by him on lease to any person, not being the State Government or a
Government undertaking, in contravetion of the provisions of this Act,
the lease shall determine forthwith, notwithstanding anything to the
contrary contained in any instrument in this behalf, and the State
Government shall re-enter. If the transferee is in possession of the
Government land as aforsaid, the State Government may direct the
competent authority to use such force as may be necessary to take
possession of the Government land after giving the transferee a notice in
writing to vacate such land within a period of thirty days from the date
of service of the notice:
Provided that if the leasee or the transferee makes any application to
the competent' authority within the period of thirty days as aforesaid
giving the reasons for such transfer and the competent authority is satisfied
that there is prima facie justification for such transfer, it shall cause such
enquiry as it thinks fit and shall decide whether or not the transfer has
been made in contravention of the provisions of this Act and shall proceed
accordingly.

424
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.
XXVII of 1993.]
(Chapter 111.—Miscellaneous.—Sections 16-19.)

(2) The competent authority shall, while using force to take possession
of the Government land under sub-section (1), be deemed to be an
2 of 1974. Executive Magistrate within the meaning of the Code of Criminal
Prodedure, 1973.

16. (I) Every lessee or his heir or successor or transferee occupying Submission
of annual
any Goveryment land shall submit an annual return to the competent return.
authority showing such particulars regarding such occupation, in such
form, and within such period, as may be prescribed.
(2) If, upon the submission of such return, the competent authority
is satisfied that the Government land has been transferred in contravention
of the provisions of this Act, the provisions of section 15 shall apply to
such transfer.

17. The competent authority and the appellate authority shall, for Power of
the purposes of— competent
authority and
(a) summoning and enforcing the attendance of any withness, appellate
or authority to
summon and
(b) production of any document, enforce
attendance of
while performing any function or discharging any duty under this Act, witnesses etc.
.5 of 1908. have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908, while trying a suit.

18. The competent authority or the appellate authority, while Power of •

performing any function or discharging any duty under this Act, may— entry and
inspection,
(a) at any time between sunrise and sunset and after giving not etc.

less than twenty-four hours' notice in writing enter and

inspect or authorise any officer subordinate to it enter and
inspect any premises, and
(b) by order in writing, require any person to produce for
inspection such rent receipts or other documents relevant to
the enquiry, at such time, and at such place, as may be
specified in the order.

19. No suit, prosecution or other legal proceeding shall lie against Protection of
action taken
the State Government or any officer of that Government or the competent in good faith.
authority or the appellate authority or any officer authorised by the
competent authority or the appellate authority for anything which is in
good faith done or intended to be done under this Act or the rules made
thereunder.

425
 The West Bengal Government Land (Regulation of Transfer)
Act, 1993.
[West Ben. Act XXVII of 1993.]
(Chapter 117.—Miscellaneous.—Sections 20-25.)

Competent 20. The competent authority and the appellate authority and any
authority and
appellate officer performing any function or discharging any duty under this Act
authority etc. shall be deemed to be public servants within the meaning of section 21
to be public
servants. of the Indian Penal Code. 45 of 1860.

Bar to 21. No court shall have jurisdiction to decide or to deal with any
jurisdiction
of courts. question which is required to be decided or dealt with under the provisions
of this Act and no court shall have jurisdiction to entertain any suit or
proceeding in respect of any such question.

Act to have 22. The provisions of this Act shall have effect notwithstanding
overriding anything to the contrary contained in any other law for the time being in
effect.
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 contract, express or implied, or in any custom or
usage.

Power to 23. The State Government may, if it considers necessary so to do,

relax.
dispense with or relax the requirement of any of the provisions of this
Act in respect of any Government land to such extent and subject to such
conditions as it may deem fit.

Power to 24. (1) The State Government may make rules for carrying out the
make rules.
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the matters
which under any provision of this Act, are required to be prescribed or to
be provide for by rules,
(3) Every rule made under this Act shall be laid, as soon as may be
after it is made, before the State Legislature, while it is in session, for a
total period of thirty days which may be comprised in one session or in
two successive sessions.

Power to 25. If any difficulty arises in giving effect to the provisions of this
remove
difficulties. Act, the State Government may make such order, or do such thing, not
inconsistent with the provisions of this Act, as Appears to that Government
to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period
of two years from thetlate of publication of this Act in the Official Gazette.

426