Land Laws of West Bengal Along with Land Twenure System in Bengal by Sukumar Ray

1. Land Tenure System in Bengal

Pre-Colonial Era:

Before British rule, land ownership and taxation were primarily based on customary and feudal systems. Land was often controlled by landlords, village heads, or the ruling authorities, with peasants cultivating land under tenancy arrangements.

Colonial Period:

During British rule, several land tenure systems were introduced, significantly altering land relations in Bengal:

1. Permanent Settlement (1793): Implemented by Lord Cornwallis, this system created a class of landlords known as Zamindars who collected land revenue on behalf of the British government. Farmers (ryots) had to pay rent to the zamindars, leading to exploitation and tenancy insecurity.
2. Ryotwari System: Though primarily used in South India, some areas of Bengal saw direct taxation of farmers by the government.
3. Mahalwari System: Some parts of Bengal had this system where revenue collection was based on village communities.

Post-Independence Land Reforms in West Bengal:

After independence, land reforms were introduced to abolish feudal land relations and distribute land more equitably.

1. Abolition of Zamindari System: The West Bengal Estate Acquisition Act, 1953 abolished the zamindari system and transferred ownership to the state, aiming to redistribute land to tenants and small farmers.
2. Operation Barga (1978-1982): A significant land reform initiative under the Left Front government, aimed at securing tenancy rights for sharecroppers (bargadars). It provided legal recognition and protection from eviction.
3. Ceiling on Land Holdings: The West Bengal Land Reforms Act, 1955 set limits on how much land an individual or family could own, redistributing excess land to landless peasants.

2. Land Laws in West Bengal

Key Land Laws Governing Land Rights in West Bengal

1. The West Bengal Land Reforms Act, 1955:

   • Regulates land ceiling limits and redistributes surplus land.
   • Recognizes bargadars (sharecroppers) and grants them security from eviction.
   • Imposes restrictions on land transfer to ensure land remains with actual cultivators.

2. The West Bengal Estates Acquisition Act, 1953:

   • Abolished intermediaries like zamindars and vested land in the state.
   • Ensured direct land ownership for tillers.

3. The West Bengal Thika Tenancy Act, 2001:

   • Governs tenancy in urban areas, protecting the rights of thika tenants (tenants on government land) and sub-tenants.

4. The West Bengal Urban Land Ceiling and Regulation Act, 1976 (Repealed):

   • Initially aimed at controlling land concentration in urban areas.
   • Repealed in 1999 to promote real estate development.

5. The West Bengal Panchayat (Transfer of Land) Rules, 2003:

   • Allows Gram Panchayats to manage land records and oversee land distribution.

6. The West Bengal Agricultural Land (Ceiling and Settlement) Act, 1961:

   • Specifies land ceiling for agricultural holdings.
   • Ensures distribution of excess land to landless farmers.

7. The West Bengal Restoration of Alienated Land Act, 1973:

   • Protects the land rights of tribal communities by restricting the transfer of land from Scheduled Tribes to non-tribals.

Recent Developments and Digitization of Land Records

• The Banglar Bhumi portal provides online access to land records, helping landowners and tenants check land details digitally.
• The state government continues to update land policies to promote industrialization while balancing agricultural interests.