Section 9A in The West Bengal Non-Agricultural Tenancy Act, 1949
9A. [ Restriction on transfer.-] [Section 9A inserted by W.B. Act 53 of 1976.] (1) Notwithstanding anything contained elsewhere in this Act or in any law for the lime being in force or in any contract, express or implied or in any custom or usage, to the contrary, no person with whom any land is or has been settled by or on behalf of the State Government for the purpose of constructing a dwelling house thereon without any premium or selami being charged for such settlement, shall be entitled to transfer such land except by way of a simple mortgage or a mortgage by deposit of title-deed in favour of a bank, or a co-operative society or a local or statutory authority or the Life Insurance Corporation of India:
Provided that any person who seeks to exchange his land with some other land on the ground that the other land serves his purpose better for constructing a dwelling house thereon, may apply to the Collector, in such manner as may be prescribed, for permission to do so and the Collector may, upon such enquiry as he considers necessary, either grant or refuse to grant the permission sought for by him.(2)If the Collector, on his own motion or on application made to him in that behalf, after giving the parties concerned an opportunity of being heard and after making such enquiry as may be considered necessary is satisfied that a transfer of any land has been made in contravention of the provisions of sub-section (1), he may, by order in writing, annul the transfer or both the settlement and the transfer, as may be deemed necessary.Explanation.- For the purposes of this section, bank means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 and includes the State Bank of India constituted under the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, a corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, a Regional Rural Bank established under the Regional Rural Banks Act, 1976, a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 and also includes any other financial institution which may be notified in this behalf by the State Government.
