Amendment status not verified — confirm the current text below against the official source.
(1) When a record-of-rights has been prepared or revised 3* *, the Revenue Officer shall blication of the publish a draft of the record so prepared or revised in the prescribed manner and for the prescribed cord-of-rights. period and shall receive and consider any objections which may be made to any entry therein or to any Omission there from during the period of such publications : 4Provided that no order passed under section 5A shall be liable to be reopened in pursuance of an objection made under this sub-section. (2) When all such objections have been considered and disposed of according to such rules as the State Government may make in this behalf, the Revenue Officer shall finally frame the record and cause such record to be finally published in the prescribed manner and make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same under his name and official designation : ---------------------------------------------------------------------------------------------------------------------------- 1Section 42A was inserted with retrospective effect by s. 11 of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961). 2These words and figures within square brackets were added by s. 12 ibid. 3The words “as afore said”were omitted with retrospective effect by s. 13(1), ibid. 4This proviso was added with retrospective effect by s. 12 of the West Bengal Estates acquisitions (Amendment) Act, 1955 (West Ben. Act XXXV of 1955). Page. ….. 49. 53 ( Chapter V. Preparation of Record-of-rights. ------ Section 44.) 1* * * * * 2(2al) Separate publication of different parts of draft or final records may be made under sub-section (1) or sub-section (2). 3(2a) An officer specially empowered by the State Government may, 4[on application within nine months, or of his own motion within 5(fifty years,)] from the date of final publication of the record-of – rights or from the date of coming into force of the West Bengal Estates Acquisition (Second Amendment) Act, Ordinance, 1957, whichever is later, revise an entry in the record finally published st Ben.. in accordance with the provisions of sub-section (2) after giving the persons interested an opportunity d.X of 1957 of being heard and after recording reasons therefore : Provided that nothing in the foregoing paragraph shall be deemed to empower such officer to modify or cancel any order passed under section 5A, wh8le revision any entry : Provided further that no such officer shall entertain any application under this sub-section or shall of his own motion take steps to revise any entry, if an appeal against an order passed by a Revenue Officer on any objection made under sub-section (1), has been filed before the commencement of the West Bengal Estates Acquisition (Second Amendment) Ordinance, 1957, before a Tribunal ppointed for the purpose of this section , and, notwithstanding anything in this section, any suchy appeal may continue and be heard and disposed of as if the West Bengal Estates Acquisition (Second Amendment) Act, Ordinance , 1957, has not been promulgated. ---------------------------------------------------------------------------------------------------------------------------- 1The proviso to sub-section (2) was omitted by s. 13(2) of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961). 2Sub-section (2al) was inserted with retrospective effect by s. 19(2) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Ben. Act IX of 1961). 3Sub-section (2a) was inserted with retrospective effect by s. 7(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Ben. Act XXV of 1957). 4These words within the square brackets were substituted with retrospective effect for the words “on application or of his own motion, within nine months” by s, 13(3) of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961). 5These words within the square brackets “nine years” wee substituted for the words “sis years” by s. 9 of the West Bengal Estates Acquisition ( Amendment ) Act, 1963(West Ben. Act XXII of 1963), the words “twelve years” were substituted for the words “nine years” bu s. of the West Bengal Estates Acquisition ( Amendment ) Act, 1967, (West Ben. Act IX of 1967), the words “fifteen years” wee substituted for the words “twelve yeas” by s. 4 of the West Bengal Estates Acquisition ( Amendment ) Act, 1969 (West Ben. Act XXXI of 1969), the words “eighteen yeas”were substituted for the words “fifteen years”by s. 2 of the West Bengal Estates Acquisition (Amendment) Act, 1973 (West Ben. Act I of 1973), the words “twenty –one years” were substituted for the words “eighteen years” by s. 4 of the West Bengal Estates Acquisition (Amendment) Act, 1975 (West Ben. Act XXI of 1975), the words “twenty-five years” were substituted for the words “twenty-one years” by s. 2 of the West Bengal Estates Acquisition (Amendment) Act, 1978 (West Ben. Act XXII of 1978), the words “thirty years” were substituted for the words “twenty –five years” by s. 2 of the West Bengal Estates Acquisition ( Amendment) Act, 1982 (West Ben. Act XX of 1982), the words”thirty-five years” were substituted for the words “thirty years” by s. 2 of the West Bengal Estates Acquisition ( Amendment) Act, 1987(West Ben. Act XI of 1987), the words “forty years” were substituted for the words “thirty years” by s. 2 of the West Bengal Estates Acquisition ( Amendment) Act, 1992 (West Ben. Act 1992), and the words “fifty years” were substituted for the words “forty years” by s 2. of the West Bengal Estates Acquisition (Amendment) Act, 1997 (West Ben. Act XX of 1997). Page. ….50. 54 ( Chapter V. Preparation of Record-of –rights. ---- Section 44.) (2) Any person aggrieved by an order passed 1[in revision under subsection (2a) may appeal in the prescribed manner to a Tribunal appointed for the purpose of this section, and within such period2[ and on payment of such court fees] as may be prescribed. 3(3a) The certificate of final publication referred to I sub-section (2), or in the absence of such certificate, a certificate signed by the Collectror of any district in which the area to which he record-of- rights relates is wholly or partly situate, stating that a record-of-rights has been finally published on a specified date, shall be conclusive proff of such publication and of the date thereof. 3(3b) The State Government may, by notification , declare with regard to any specified area, that a record-of-rights has been finally published for every village included in such area and such notification shall be conclusive proof of such publication. 3(3c) In any suit or other proceeding in which a record-of-rights prepared and published under this Chapter, or a duly certified copy thereof or extract therefrom , is produced, such record-of-rights shall be presumed to have been finally published unless such publication is expressly denied. 4(4) Every entry in the record-of-rights finally published under sub-section(2) including an entry revised under sub-section (2a) 5[,made under section 42A]or corrected under section 45 or section 45A shall, subject to any modification by an order on appeal under sub-section(3), be presumed to be correct 6* * * * *. 1These words within the square brackets were substituted with retrospective effect for the words “by a Revenue Officer on any objection made under sub-section (1)”by s. 7(b) of the West Bengal Estates Acquisition Act, 1957 (West Ben. Ac XXV of 1957). 2these words within the squae brackes were inserted with retrospective effect by s. 13(1) of the West Bengal Estates Acquisition Act, 1957 (West Ben. Act. IV of 1957). 3Sub-section (3a) ,(3b) and (3c) were inserted with retrospective effect by s. 13(2) , ibid. 4Sub-section (4) was substituted with retrospective effect for the original sub-section by s. 7( c) of the West Bengal Estates Ac1quisition (Second Amendment) Act, 1957 (West Ben. ActXXV of 1957). 5The words , figures and letter within the square brackets were inserted with retrospective effect by s. 13(4) of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Ben. Act XIX of 1961). 6This words “until it is proved by evidence to be incorrect” were omitted by s. 3 of the West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Ben. Act XXXIII of 1973). Page. ….51. 55 ( Chapter V. ----- Preparation of Record-of-rights.-----Section 45, 45A , 46). rrection of bona fide 45. Any Revenue Officer specially 1empwered by the State Government in this behalf may, on stakes in record-of- application 2[within one year, or of his own motion 3(within nine years)] from the date of ghts. Certificate of the final publication of the record-of-rights under sub-section (2) of section 44 , correct any entry in such record-of-rights which he is satisfied has been made owing to a bonafide mistake: Provided that no such correction shall be made if an appeal affecting such entry has been presented under sub-section (3) of section 44 or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.