Amendment status not verified — confirm the current text below against the official source.
(1) If thc cntirc non-agricullural [and in a non.agricullura1 tenancy is transferred, rhc i~nrnedia~e landlord, or ifa portion or share of such land is lransferred, the immediate landlord or one or more co-sharer lcnanrs or such land may, wilhin four months of the service o l noticc . jssucd undcr sccrion 23, apply lo the Coun for such land or portion or share lhercol lo be ~ransfcrrcd to himscll or rhemselves, as rhc case may be: (a) of borh a co-sharcr lenanl and rhc landlord apply undcr this section and comply with lhe provisions herein conraincd h e co-sharcr lcnanl shall have rhc prior righl ro purchase under his scclion; (b) [he immcdiare landlord of h e non-agricul~ural ienanL shall not havc any right to purchase under h i s sccuon unlcss thl: non-agricultural land or the share or porrion rhcreoT so vansferred is conliguous !o any land in the actual possession of the landlord and [he Courl is sarisfied that such use by such landlord for any of the purposcs specified in scclion 4; and (c) in the casc of lransfer in cxccution of a decrcc or ccrii ficalc signcd under ~ h c Bcngal Public Dcmands Recovcry Acl, 1913, for arrears of rent due in respcct of such land. rhe immediate landlord of [he nun-agricultural tenant shall nor have any righl to purchase undcr rhis secrion. (2) The applica~ion under sub-sccljon ( I ) shall bc dis~nisscd unlcss [lie applicant a1 rhl: time of making it deposiu in Courr the amount of the considcrariun money or the valuc of the properly or Ihc ponion or share lhereof wansrcrred as srnrcd in llle noticc scrvcd on the applicant under scclion 23 togelher with compensation nl the rare of five-per cerrtrrni of such amounl. (3) IT such deposit is rnadc. [he C o u r ~ shall give noticc to h e transferee ro appcar wirhin such period as ir lnay fix and to slale wha~ other sums hc has paid in respect of rcnt Tor the pcriad af~er [he dart: nf lransfrr or in annulling encumbrances on the propcrry. The Courl shall [hen dircc~ thc applicanr, including any pcrson whose applicalion under sub-scc~ion (4) is grantcd, lo deposit within such period as the Court thinks rcasonablc such a~nount as h c h-ansferee has paid on [his account together with in~eres~ at \he rarc or six and quarrcr per cerlfrtlti per rnltrrrllz with effect from the dale on which he lransfercc made such paymccnts. (4) (a) When an applicalion has bccn made by one or more co-sharcr tenants undcr sub-sccuon (1) any of [he remaining co-sharer tenants including the transferee, if onc of Ihcrn, may within [he period of four months referrcd ro in the said sub-section or wirhin one month of [he - - . - I ? .... ! -- .-. 1.:..1.-.. "+ :- l n F - - **-I,, ,n ;n;- :- 4Ln ,--;,I 9n"l;"qt;n" .,md The lVcst Bengal No//-rl~ricrrltt~~al Tetrritrcj Acl, 1919. [West Bcn. Act any co-sharcr tcnant who lias not npplied undcr sub-secrion (I) or has ' no1 applied to join under his sub-scc~i~n, sl~nll no1 havc any further righr lo purcbnsr undcr lhis section. (b) Such application ro join as a co-appl ican~ shall bc dismissed unless within such pcriod as thc Caun may fix, rhc applicanr dcposits in Court for payment to rhc applicant undcr sub-section (1). such sum, as [he Court shall detcrrninc ns the slwe to bc paid by h i n ~ for rhc purposes o f sub-scction (2). If such dcposit is madc, thc Court shall $ran1 thc applica~ion to join and chereaftcr such applicant shall be deenled LO bc an applicnnl undcr sub-seclion (1). (5) If the deposiis rcquired under sub-scction (2) or clause (b) or sub-secrion (4). US tl~c case may bc. and under sub-scction (3) are made, and, in rhe case whcrc the applicarion is made by [he immclliatc landlord, h e Court is sausficd [hat lhe conditions referred LO in sub-scctinn ( I ) have been fulfilled, ~ h c Court shall makc an nrder allowing thc npplicarion and direcling thal the deposits madc undcr sub-sections (2) and (3) shall be paid to the ~ansferee or ro such pcrsons as the Court rhinks f i ~ : Provided that if bath thc immediarc landIord and the co-sharer icnanl havc applied undcr this scclion and rhc application of [lie cn-sharer rcnant is allowed undcr this sub-seclion, ~ h c applicarion of ~ h c in~mediale landlord shall be dismissed. (6) Nutwithstanding anylhing contained in any olhcr law for the time being in rarcc, thc Courl shall, if thc applicanr undcr sub- scclion (1) or any pcrson whose application under sub-section (4) is granted disputes ~ h c correutness of the amount OF r'he consideralion lnoncy as slated in the nolicc is3ued under scclion 23, inquire into such . dispurc before ~naking nn ordcr under sub-scclion (5) and aim giving rhc transferee an opportunity af being hcard dc~ermine for rhe purposcs or this section thc amounl of the considcra~iun money which ~ h c ~ansreree has aclually paid Tc~r rl~e transfer or thc propeny or rhc portion or sharc [hereof, as [he casc may he, and [he amount so delcrmined shall be drzmcd lo bc the considcrntion money referred to in sub-sccdon (2) and wherc thc amount of rile consideration money has been so dcrcrmincd the deposi~ madc under [hat sub-scccion shall for rhc purposes of sub-scction (5) be rhc nmounl so determined togerhcr with lIle co~npensntion at lhe rate of fivc per cetlrrrrrr of such a~nounr. (7) In making an order undcr sub-scction (5) in favour olmorc h a n one CD-sharcr tcnanl. rhe Court may apporiion the propcfly comprised in (he porlion or shore ~rausferzd among thc applicants in such manner as it deems cquitablc nitcr laking exisling posscssjon into consideralion: Tfw \fist Be/rgcrl he-Agricultuml Tc~rurrcy Act, 1949. '! II-IC Coun sllall so apportion the said propcrty or porlion ihcreof on !hc request of any applicant and, in this casc, may require the applicant who rnakcs such request ro dcposic, wilhin such period as thc Cautt may fix, such furlher sums as rhc Court considers ncccssary for zquirahlc diskibulion anlong the rcmajning spplicanls: Providcd lhat no apportionmcn~ order under this sub-scction shall operare a5 a division of the tenancy. (8) From the datc o f thc making of the order undcr sub- section (5)- (i) thc righ~, lille and in~crest in Lhc non-agricul~ural Iand or ponion or sharc thercof accruing to ~ h c translcrcc from [he mans hr shall, su bjcct to any orders passed under sub-scc~ion (7), be deemcd to havc vested free lrom all encumbrances which have been annullcd or crcattd alirr [he date of transfer, in [he irnmcdiare landlord or in the co-sharer Icnant, as the case may be, whose application to purchase has bccn allowcd undcr this section, (ii) [he liabilily or rhc lransfcrce for he renl due From him on account of the transFer shall ccasc, and (iii) [he Courl, an funhcr application of such applicanl, may placc him in possession of the propeny vested in him. (9) An appeal from any ordcr of a Coun under this section shall lie ro the Civil Appcllalc Court having jurisdiction ro cnlertain such appcals. ( 10) Nolhing in this section shall take ,sway [he righl of prc- cmplion conferred on any person by Muhammadan Law. ( 1 1) Nothing in lhis section shall apply r- (a) a transfer LO a co-sharer in [he tenancy whosc cxis~ing interesl has accrued othenvisc lhan by purchase, or (b) a transrcr by exchange, sub-lease or partition, or (c) a rransfcr by bequest or gift (including Aeba but excluding Ireba-bil-avo2 for any pecuniary consideration) in favour or the husband ar wifc of h c tcaator or thc donor or of ally rclarion by consanguinily within three degrees of thc testaror or donor, or (d) a ~vnkf in accordance with the provisions OF the Muharn- rnadan Law. or T11e IVesr Be~lgnl Nut~-A,qricrrltrrrrrI Tc.~r(~~lql Act. 1949. S:~ving ;u: I 0 SII?ICIIIU[IIS in inhlru- Illcllls of ir;~nskr \\ml~trc land- lord is nur ;I parly. [West Bcn. Act (e) a debrr~ter- or any othcr dcdica~ion for religious or charitable purposes wilhout any rcserva~ion of pecuniary bcnefit for any individual. .!?xpla~~rrtio~~.-A rclalion by consnnguinily shall, for the purposes of [his sub-sccrion, include a son adopled under [he Hindu Law.