|Bargadar or Sharecropper and their recording in the Records of Right
|Who can become a Bargadar or Sharecropper ?
- Any person wanting to be recorded as a Bargadar shall have to
lawfully cultivate the land owned by another person.
- He/She shall have to give the requisite share of the crop
cultivated by him/her to the landowner.
- The Bargadar in relation to the land he/she is cultivating
shall not be a family member of the landowner.
|Highlighting Points Regarding Bargadarship:-
- A person not belonging to a Scheduled Tribe cannot become a Bargadar
in respect of lands owned by a person belonging to a Scheduled Tribe [vide
section 15(3) of WBLR Act, 1955]
- If a Bargadar voluntarily abandons or surrenders his or her right of
barga-cultivation, such right is not automatically extinguished – the
landowner has to report the fact to the local Block Land & Land Reforms
Office. The appropriate authority will take necessary steps to fill in
the vacancy as per provisions of law [vide section 15(2) of WBLR Act, 1955]
- The right of barga-cultivation is not transferable [vide section 15(2) of
WBLR Act, 1955]
- The right of barga-cultivation is heritable [vide section 15A & 15(2)
of WBLR Act, 1955]
- Any land under barga-cultivation can be brought under per cultivation
of the landowner as per provisions of section 17(1)(d) of WBLR Act, 1955
only if the total land held by the landowner does not exceed 3.00 hectares
with an exception that such termination of barga-cultivation is not possible
if the total land cultivated by the Bargadar comes down to less than 1.00
hectare [vide section 17(1)(d) of WBLR Act, 1955],
- No advocate or legal practitioner can appear to plead or act before an
Officer or authority appointed under section 18(1) of WBLR Act, 1955 during
any stage of a proceeding initiated and disposed of under Chapter III of
WBLR Act, 1955.