Mutation means substitution of the names of a person by the another in the R.O.R. which may be done by the Revenue Officer u/s 50 of W.B.L.R. Act, 55. Mutation is done on the following grounds:-
I) Transfer by sale of gift.
The transfer is required to be made by Registered Deed. Application for Mutation require application fee of Rs. 5/- by Court fees,
Declaration of the purchaser with Court fees of Rs.10/- and Rent receipt proving the payment of current land revenue.
Mutation fees are as follows.:-
Rs. 1.00 per decimal in Rural areas for agricultural land.
Rs. 10.00 per decimal in Rural area for Non-agricultural land.
Rs. 20.00 per decimal in Rural area for commercial / Industrial purpose of land.
Rs. 1.00 per decimal in Municipal area for agricultural land.
Rs. 20.00 per decimal in Municipal area for Non-agricultural land.
Rs. 30.00 per decimal in Municipal area for commercial / Industrial purpose of land.
Application for Mutation to be submitted to the respective B.L.&L.R.O. Office. After enquiry and hearing, the empowered R.O. allows the mutation in appropriate cases and makes correction table of R.O.R. . a)
Change of land use is regulated by section 4C of W.B.L.R. Act, 55. A raiyat may seek permission for change of character and use of any land u/s 4C of the said Act before the S.D.L.& L.R.O. for land upto 0.10 acres and to the D.L.& L.R.O. for land exceeding 0.10 acre.
The intending raiyat is to apply for conversion along with Application fee for Rs. 5/- and process fees as per rate in court fees along with the following documents.:-
i) Declaration in the form of Affidavit.
ii) Copy of Mutation Certificate.
iii) Copy of R.O.R.
iv) Copy of Rent receipt.
v) Certificate of D.I.C./ Industry Deptt. / and Pollution certificate for industrial purpose.
vi) Vetted project report for industry.
vii) No objection certificate from Panchayet/Municipality concerned.
viii) Sketch Map showing the location of proposed area for conversion.
ix) No objection from co-sharer / contiguous plot owners.
On receipt of the conversion application and after field enquiry and hearing of the applicant and others interested persons, the S.D.L.& L.R.O. / D.L.& L.R.O. as the case may be, passes appropriate order allowing conversion, if deems fit. Section 4D of the W.B.L.R. Act provides for prosecution and punishment for causing change in use and character of any land without permission of the Collector. b)
Bargadar is a person who cultivates the land of another person on condition delivering the share of produce or taking share of the produce from the land owner.
Name of bargadar may be recorded in the R.O.R. u/s 21D of the W.B.L.R. Act read with section 50/51 of the said Act. The right of Bargadar for cultivation of land is hereditary and not transferable.
The bargadar for recording his name in the R.O.R. is to apply to the B.L.& L.R.O./ R.I. of the area along with schedule of land he cultivates.
A field enquiry and hearing are made by the empowered R.O. with due notice to the Bargadar and the owner of the land and if the claim of the bargadar is found genuine, he may be recorded as Bargadar in the R.O.R.
Various disputes regarding barga cultivators are dealt with u/s 17 to 21 of the W.B.L.R. Act, 55 by the empowered R.O. as per provision of law. c)
As per provision of W.B.E.A. Act, 53 no raiyet can hold land beyond the ceiling limit while as per W.B.L.R. Act, 55 ceiling is imposed upon the family - unit of the Raiyat.
A raiyat’s family consisting of single member can hold land upto 2.50 standard Hectare, a raiyat’s family consisting of 2 –5 members can hold 5.00 standard hectare of land. For more than 5 members , 0.50 standard hectare per member is
allowed with a maximum limit of 7.00 standard hectare per family.
[ 1 standard Hectare = 1 hectare in case of irrigated land & 1.40 hectare in case of non-irrigated land as well as other land]
The ceiling surplus lands are to be vested to the State by drawing up proceeding as per provision of law.
As per provision of Section 49 of W.B.L.R. Act, 55, the Vested Agricultural lands are distributed to the landless cultivators who along with their family members hold no land or hold below 1 acre of land for agricultural purpose.
On receipt of application from the cultivators, Ban-O-Bhumi-Sanskar–Sthayee Samity of the concerned Panchayet Samity ascertains the eligibility of the cultivators after the field survey, takes resolution for distribution. The B.L.& L.R.O. concerned with due approval of the appropriate authority prepares pattas and distributes them to the eligible allottees of patta. Patta right is hereditary and not transferable excepting some conditions as let down in Sec 49(1A). The name of the pattadar is featured in the R.O.R. on application from him. At present recording of the name of pattadar in the R.O.R. is being made and copy of the R.O.R. is also being handed over to the Pattadar at the time of patta distribution. d)
Vested non-agricultural lands including Khasmahal non-agricultural lands and lands unsuitable for agricultural use at the disposal of the State Govt. are settled with a person, a group of persons, or organisation or a statutory body on Govt. terms and conditions either through Long-Term-Lease or through Short-TermLease, if the land is not required for Govt. use.
Application for Settlement of land for non-agricultural purpose are received by the office of the BL&LRO. concerned for processing. Any individual or a body can apply for such a settlement (alongwith four copies of sketch map of the particular land) declaring that he/they would take settlement on Govt. terms and conditions.
In giving Long-Term-Lease ordinarily for 30 years rent is charged at 4% of the market value of the proposed land and at a Salami charged at 10 times of rent for the first year. Short-Term-Lease is granted for a period not exceeding five years. No salami is charged for grant of Short-Term-Lease. But the rent is payable at 4% of the market value of the land.
The West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975 came into force on 26 in June 1975.
As per provision of the said Act if an occupier who holds no homestead land of his own, possesses land owned by the other person, not exceeding .0334 hector of land by constructing dwelling house before 26.6.75, shall stand acquired by the State Government and shall there upon stand transferred in favour of such occupation.
On receipt of such application from the occupier, field enquiry and hearing of the interested persons are done by the empowered Revenue Officer and the name of the occupier is recorded in the R.O.R. in appropriate cases. f)
As per Section 22 of W.B. Land Reforms Act, 55 a raiyat shall be liable to pay revenue for his holding. As amendment of W.B.L.R.Act, 55 in 2002 and 2003 Land Revenue is payable according to use of land. In rural areas a raiyat has been exempted from paying Land Revenue for his area up 4.00 acre land in irrigated area and upto 6.00 acres in non-irrigated area. But he will have to pay cess. There is no exemption of Land Revenue for Mill, Factory, land used for commercial purpose and land in urban areas.
The rate of land Revenue for Agricultural purpose, Homestead purpose, Mill Factory, workshop and land for commercial purpose in rural and urban areas has been clearly prescribed and information may be had therefor from the concerned R.I. Office.
Collection of Land Revenue is being done by the Bhumi Sahayaks at the R.I. Offices and by organizing special collection camps both at the rural and urban areas. g)
Long-Term-Lease can be renewed but renewal of Short-Term-Lease is not generally allowed.