14C. Modes of transfer of land by Scheduled Tribes.
(1) A raiyat belonging to a Scheduled Tribe may transfer his [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] or part thereof in any one of the following ways, namely,(a)by a complete usufructuary mortgage entered into with a person belonging [to a Scheduled Tribe] [Substituted for "the words to the same Scheduled Tribe to which the transferor belongs" by the West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act No. 12 of 1972).] for a period not exceeding seven years;(b)by sale or gift to the Government for a public or charitable purpose;(c)by simple mortgage to the Government or to a registered cooperative society;(cc)[ by simple mortgage or mortgage by deposit of title deeds in favour of a scheduled bank, a cooperative land mortgage bank or a corporation, owned or controlled by the Central or State Government, or by both, for the development of land or improvement of agricultural production;] [Inserted by the West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act No. 12 of 1972).](d)[ by gift or will to a person belonging to a Scheduled Tribe;] [Substituted by the West Bengal Land Reforms (Second Amendment) Act, 1972 (West Bengal Act 28 of 1972).](e)[ by sale or exchange in favour of any person belonging to a Scheduled Tribe: [Substituted by the West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act No. 12 of 1972).]Provided that any such raiyat may, with the previous permission, in writing, of the Revenue Officer, transfer by sale his [plot of land] or any part thereof to a person not belonging to any Scheduled Tribe: Provided further that no such permission shall be granted by the Revenue Officer unless he is satisfied that no purchaser belonging to a Scheduled Tribe is willing to pay the' fair market price of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] or any part thereof and that the proposed sale is intended to be made for one or more of the following purposes, namely,(a)for the improvement of any other part of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.], or(b)for investment, or(c)for such other purposes as may be prescribed.](2)[ xxx ] [Omitted by the West Bengal Land Reforms (Amendment) Act, 1972 (West Bengal Act No. 12 of 1972).](3)A complete usufructuary mortgage referred to in sub-section (1) may be redeemed at any time before the expiry of the term.(4)A mortgagor under a complete usufructuary mortgage intending to redeem such mortgage before the expiry of its term or any person acting on his behalf, may make an application for redemption in such form and containing such particulars as may be prescribed to the Revenue Officer. On receipt of such application the Revenue Officer shall after service of notice to the mortgagee make an enquiry in the prescribed manner and pass a preliminary order declaring the amount due under such mortgage to the mortgagee at the date of such order and fixing a date for payment of such amount by the mortgagor. If the mortgagor pays such amount by the date so fixed the Revenue Officer shall make a final order directing the mortgagee to restore possession of the mortgaged property and to deliver up the mortgage-deed, to the mortgagor.(5)A final order made under sub-section (4) shall be executed by the Revenue Officer in such manner as may be prescribed.Explanation.In this section "complete usufructuary mortgage" means a transfer by a raiyat of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan upon the condition that the loan, with all interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage.
