8. Right of purchase by co-sharer or contiguous tenant.
(1) If a portion or share of a [plot of land of a raiyat] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] is transferred to any person other than a [co-sharer of a raiyat in the plot of land] [Substituted ibid, w.r.e.f. 7.8.1969.], [the bargadar in the plot of land] [Substituted ibid, w.r.e.f. 7.8.1969.] may, within three months of the date of such transfer, or] any [co-sharer of a raiyat in the plot of land] [Substituted ibid, w.r.e.f. 7.8.1969.] 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] [Substituted ibid, w.r.e.f. 7.8.1969.] may, within four months of the date of such transfer, appiy to the [Munsif having territorial jurisdiction,] [Substituted by West Bengal Land Reforms (Amendment) Act, 1972.] for transfer of the said portion or [share of the plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] to him, subject to the limit mentioned in [section 14M,] [Substituted by West Bengal Land Reforms (Amendment) Act, 1972.] on deposit of the consideration money together with a further sum of ten per cent of that amount:[Provided that if the bargadar in the plot of land, a [co-sharer of raiyat in a plot of land] [inserted by West Bengal Land Reforms Act No. 50 of 1981, w.r.e.f. 7.8.1969.] and a raiyat possessing land [adjoining such plot of land] [Substituted ibid, w.r.e.f. 7.8.1969.] apply for such transfer, the bargadar shall have the prior right to have such portion or [share of the plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] transferred to him, and in such a case, the deposit made by others shall be refunded to them:][Provided further that where the bargadar does not apply for such transfer and] [Substituted by West Bengal Land Reforms Act No. 50 of 1981, w.r.e.f. 7.8.1969, for "Provided that if".] a [co-sharer of a raiyat in the plot of land] [Substituted ibid, w.r.e.f. 7.8.1969.] and a raiyat possessing land [adjoining such plot of land] [Substituted ibid, w.r.e.f. 7.8.1969.] both apply for such transfer, the former shall have the prior right to have such portion or [share of the plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] transferred to him, and in such a case, the deposit made by the latter shall be refunded to him:[Provided also] [Substituted by West Bengal Land Reforms Act No. 50 of 1981, w.r.e.f. 7.8.1969, for "Provided further".] that as amongst raiyats possessing lands [adjoining such plot of land] [Substituted ibid, w.r.e.f. 7.8.1969.] preference shall be given to the raiyat having the longest common boundary with the land transferred.(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,(d)a transfer for charitable or religious purposes or both without reservation of any pecuniary benefit [for any individual, or] [Substituted by ibid, for "for any individual."](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 (or 0.4047 hectare) in area in the aggregate. [Clause (e) and Explanation inserted by West Bengal Land Reforms Act No. 50 of 1981, w.r.e.f. 7.8.1969.]Explanation.All orders passed and the consequences thereof under sections 8, 9 and 10 shall be subject to the provisions of Chapter IIB.](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 o 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.
