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State of West Bengal - Section

Section 5 in West Bengal Land Reforms Rules, 1965.

5. [ Manner of vesting of the holding of a raiyat in the State by the prescribed authority under sub-section (4) of section 4.— (1) The prescribed authority shall serve a notice on the raiyat calling upon him to appear before it either personally or through authorised representative on a date to be specified in the notice for showing cause as to why his land shall not vest in the State under sub-section (4) of section 4 for contravention of the provisions of the said sub-section. On the date specified in the notice or on any subsequent date which may be fixed by the prescribed authority for the purpose, the prescribed authority shall, after giving the raiyat or his authorised representative, if any, an opportunity of being heard, and after making such further enquiry and rendering such further evidence as it may think necessary, dispose of the case. A copy of the order passed by the prescribed authority shall be served on the raiyat.

(2)Where an order has been passed by the prescribed authority vesting in the State the land of a raiyat, the prescribed authority shall direct the prescribed authority appointed under section 50 to take possession of the said land whereupon the said prescribed authority appointed under section 50 shall take possession of the said land in the manner provided in section 14SS and the rules made thereunder.
(3)Every proceedings referred to in sub-rule (1) shall be given a cause number and a register shall be maintained by every prescribed authority showing there the case number, name and address of the raiyat, particulars of the land, area vested and such other remarks as may be considered necessary.] [Rule 5 substituted by Notification No. 416-L-Ref., dated 13th June, 1988, published in Calcutta Gazette, dated 15.7.1988.]