(1) Except where he is permitted, in writing, by the Revenue Officer so to do, a raiyat owning land in excess of the ceiling area applicable to him under section 14M, shall not, after the publication, in the Official Gazette, of the [West Bengal Land Reforms (Amendment) Act, 1971] [Substituted by West Bengal Act No. 35 of 1986, Calcutta Gazette, dated 12.5.1989.] transfer by sale, gift or otherwise or make any partition of any land owned by him or any part thereof until the excess land, which is to vest in the State under section 14S, has been determined and taken possession of by or on behalf of the State.[Provided that nothing in this sub-section shall apply to any land to v which the provisions of section 3A apply :Provided further that if a raiyat has transferred any land which he retained in pursuance of any order of the Revenue Officer under sub-section (3) or sub-section (3A) of section 14T, such land shall be taken into account in determining, on any subsequent occasion, the ceiling area of the said raiyat in pursuance of the provisions of this Act, as if such land had not been transferred.] [Added by Ibid.](2)[ Except where he is permitted, in writing, by the Revenue Officer so to do, a raiyat owning land to which the provisions of section 3A apply, whether or not such land together with other land, if any, is in excess of the ceiling area under section 14M, shall not on and from the date of coming into force of section 3A of the Act, transfer by sale, gift or otherwise, or make any partition of, any such land or any part thereof until the excess land, if any, which is to vest in the State under section 14S has been determined or redetermined and taken possession of by or on behalf of the State.] [[Sub-section (2) was substituted by West Bengal Act No. 35 of 1986, Calcutta Gazette, dated 12.5.1989, w.e.f. 12.5.1989, the old sub-sections read as follows:-(2)If a raiyat makes any transfer, whether by safe, gift or otherwise, of any land in contravention of the provisions of sub-section (1), the State Government may, in the first instance, take possession of land, equal in area to the land which is to vest in the State, from out of the land owned by such raiyat and where such recovery from the raiyat is not possible, from the transferee:Provided that where the transferee is a person who is eligible for allotment of surplus land in accordance with the provisions of this Act, the State Government may, instead of enforcing its right to recover the land or an equal amount of land, recover from the transferor the amount which he had received as consideration for the transfer of such land.]](3)[ If a raiyat makes any transfer, whether by sale, gift or otherwise, of any land in contravention of the provisions of sub-section (1) or sub-section (2), the State Government may, in the first instance, take possession of land, equal in area to the land which is to vest in the State, from out of the land owned by such raiyat and where such recovery from the raiyat is not possible, from the transferee:Provided that where the transferee is a person who is eligible for allotment of surplus land in accordance with the provisions of this Act, the State Government may, instead of enforcing its right to recover the land or equal amount of land, recover from the transferor the amount which he had received as consideration for the transfer of such land.] [[Substituted by West Bengal Act 35 of 1986, published in the Calcutta Gazette, dated 12.5.1986, w.e.f. 12.5.1989.The old sub-section read as follows:(3)Any raiyat who transfers any land in contravention of the provisions of sub-section (1) shall be punishable with fine which may extend to two thousand rupees, or with imprisonment for a term which may extend to six months, or with both.]](4)[ Any raiyat who transfers any land in contravention of the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to two thousand rupees or with imprisonment for a term which may extend to six months or with both :Provided that nothing in this sub-section shall apply to any transfer made in accordance with the provisions of any law for the time being in force.] [Sub-section (4) was Inserted by ibid.]
