Section 6 in West Bengal Land Reforms Rules, (Bargadars) Rules, 1956
6. Manner of making application by an owner or a bargadar and the procedure to be followed by the trying officer.
(1) A bargadar or a person whose land is cultivated by a bargadar may make an application for a decision in respect of the matters referred to in sub-section (1) or sub-section (2) of section 18.Every such application shall be signed by the applicant or, if the applicant cannot sign, shall be marked with his left thumb-impression and shall contain the following particulars :(a)the name and place of residence of the applicant;(b)the name and place of residence of the person whose land is cultivated by the bargadar if the bargadar is the applicant;(c)the name and place of residence of the bargadar if the person whose land is cultivated by the bargadar is the applicant;(d)the location and sufficient description for the purpose of identification of the land in regard to which the application is made;(e)the point or points in dispute and the claim of the applicant.A fee of seventy-five paise shall be paid in court-fee stamps along with an application under this sub-rule except an application for determination of any question under sub-section (2) of section 18 as to whether a person is a bargadar or not which may be made on plain paper without any court-fee.(2)The application shall be accompanied by as many true copies thereof as there are opposite parties for sending such copies to the opposite parties along with the notices to be served on them :Provided that if the applicant claims to be an indigent person and prays for exemption from furnishing copies, the officer or authority, appointed under sub-section (1) of section 18, to whom the application may be presented, shall make an inquiry and, is satisfied that the applicant is an indigent person, pass an order exempting him from furnishing copies and shall get sufficient number of copies prepared in his office to be served on opposite parties along with the notices.Explanation. "Indigent person" means any person who is not possessed of any property movable or immovable worth five hundred rupees or more other than the subject-matter of the dispute.(3)Such application may be presented by the applicant or by his agent duly authorised by him in writing to the officer or authority appointed under sub-section (1) of section 18 for the area in which the land is situated, or where for any area two or more officers or authorities are appointed under the said sub-section, to such of those officers or authorities as may be specially appointed by the State Government for the purpose of receiving such application. The applicant and the opposite party may also be represented by agents so authorised before the officer or authority disposing of the application:Provided that no legal practitioner as defined in section 3 of the Legal Practitioners Act, 1879 (18 of 1879) shall be allowed to appear, plead or act in any capacity on behalf of any party before any officer or authority appointed or empowered, as the case may be, under section 17, section 18 or sub-section (1) of section 19B, or mentioned in section 20B unless such legal practitioner is himself a party to the proceedings.(3A)This sub-rule was added by Notification No. 7782L. Ref. dated 16.4.1959 but latter omitted by Notification No. 1046L. Ref. dated 26.6.1963.(4)[ Any officer or authority proceeding to dispose of such application shall, after making such inquiry including on-the-spot inquiry and inspection as he deem fit, and after giving the parties concerned an opportunity of being heard, dispose of.the application on a date to be fixed by him for consideration thereof.Explanation. In disposing of the application the officer or authority concerned shall be entitled to act on the findings arrived at by him as a result of such enquiry including on-the-spot enquiry or inspection.] [Sub-rule (4) of Rule 6 has been substituted by notification No. 3191L. Ref./20R-12/81. dated 31.11.1981.](5)Every such application shall be disposed of within three weeks from the date of filing of the application :Provided that if such application is in respect of any matter referred to in clause (a) [or clause (b) * * * ] of sub-section (1) of section 18, the officer or authority shall make an enquiry from the Settlement Officer having jurisdiction over area in which the land is situated whether proceedings under section 5A of the West Bengal Estates Acquisition Act, 1953, are pending in respect of the land in respect of which the application is made. If any such proceedings are pending, the disposal of the application shall be stayed pending conclusion of the said proceedings :Provided further, that notwithstanding anything contained in the foregoing proviso where the officer or authority considers it expedient to dispose of the produce, such officer or authority shall divide the share of the produce, in the manner laid down in sub-section (1) of section 16, allow the bargadar to take his share of the produce, sell the owner's share thereof and, after deduction of the expenses of the sale, deposit the balance of the sale-proceeds in the revenue deposit to the credit of the Sub-divisional Officer of sub-division in which the land is situated. After the conclusion of the proceedings the sale-proceeds deposited may be withdrawn by the owner.(5a)In determining any question under sub-section (2) of section 18 as to whether a person is bargadar or not the officer or authority shall take into account along with other evidences, the entries, if any, made in this regard in the existing record-of-rights and where the record-of-rights is under preparation or revision, the entries, if any, made in the draft record in course of such preparation or revision.(6)In disposing of such application, the officer or authority shall only make a summary record of the essential facts disclosed in the hearing on which evidence has been taken and the order is based. The order shall contain a concise statement of the dispute, the points for determination and the decisions thereon together with the reason for the decisions. The order shall specify the date or dates fixed by the officer or authority for division of the produce and also the date or dates for threshing of the produce, if any, fixed by the officer or authority.
