4D. [ Offence and penalties.] [Inserted by Act 50 of 1981, w.r.e.f. 7.8.1969, Calcutta Gazette, dated 24.3.1986.](1) Any change, conversion or alteration in the area, character or mode of use of any land, except in accordance with the provisions of section 4C, or any violation of the order of the Collector under sub-section (5) of section 4C, [shall be a cognisable and non-bailable offence and shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with both] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969.]:
Provided that no prosecution shall lie for an offence under this sub-section in a case where an action has already been taken by the prescribed authority under sub-section (4) of section 4:[ xxx ] [[Omitted by the West Bengal Land Reforms (Amendment) Act, 2005 (West Bengal Act 28 of 2005) w.e.f. 1.12.2005. Earlier the proviso was inserted by West Bengal Act No. 35 of 1986, published in the Calcutta Gazette, dated 12.5.1989 (w.e.f. 12.5.1989) which stood as follows:Provided further that no prosecution shall lie for any diminution in area or change of character of any land or any conversion in the use of any land if such diminution or change of character or conversion was made in accordance with the provisions of any law for the time being in force.]](2)[ xxx ] [Omitted by Act 31 of 2000, w.r.e.f. 7.8.1969.]
