(1) If a
portion or share of a plot of land of a raiyat is transferred to any person
other than a co-sharer of a raiyat in the plot of land, the bargadar in the
plot of land may, within three months of the date of such transfer, or any
co-sharer of a raiyat in the plot of land may, within three months of the
service of the notice given under sub- section (5) of section 5, or any raiyat possessing land
adjoining such plot of land may, within four months of the date of such
transfer, apply to the Munsif having territorial jurisdiction, for transfer of
the said portion or share of the plot of land to him, subject to the limit
mentioned in section 14M, on deposit of the
consideration money together with a further sum of ten per cent of that amount:
(2) Nothing in this section shall apply to-
(a) a transfer by exchange or by partition, or
(b) a transfer by bequest or gift, or hiba-bil-ewaz, or
(c) a mortgage mentioned in section 7, or
(d) a transfer for charitable or religious purposes or both
without reservation of any pecuniary benefit for any individual, or
(e) a transfer of land in favour of a bargadar in respect of such
land if after such transfer, the transferee holds as a raiyat land not
exceeding one acre in area in the aggregate."
(3) Every application pending before a Revenue Officer at the
commencement of section 7 of the West Bengal Land Reforms (Amendment) Act, 1972
shall, on such commencement, stand transferred to, and disposed of by, the
Munsif having jurisdiction in relation to the area in which the land is
situated and on such transfer every such application shall be dealt with from
the stage at which it was so transferred and shall be disposed of in accordance
with the provision of this Act, as amended by the West Bengal Land Reforms
(Amendment) Act, 1972."
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