Section 14I in West Bengal Land Reforms Rules, 1965.
14I. [ Manner of entering names of bargadars in the record-of-rights under section 21D. (1) (a) During preparation or revision of record-of-rights under Chapter VIIA of the Act names of bargadars shall be recorded by a Revenue Officer in the following manner:
(i)A Revenue Officer, empowered under section 51 and having jurisdiction in a mauza, shall record the names of bargadars who cultivate lands in the said mauza, in the record-of-rights at different stages of preparation of revision of said record-of-rights described in Schedule A;(ii)A Revenue Officer who has been appointed with the additional designation of Settlement Officer may, at any time between any two stages of preparation or revision of record-of-rights of a mauza described in Schedule A, direct that a Revenue Officer subordinate to him shall record the names of bargadars who cultivate land in the said mauza after holding an on-the-spot enquiry in the said mauza. On receipt of the said direction the Revenue Officer shall issue a public notice and shall on the appointed day, after holding on-the-spot inquiry in the said mauza, record the names of bargadars:Provided that before recording names of the bargadars the Revenue Officer shall give an opportunity of hearing to all the interested parties including local representatives, if any, of peasants' organisation, if any, who may be present at the time of the inquiry and desire to be heard:Provided further that the public notice for holding the inquiry shall be published at a conspicuous place of the Officer of the Gram Panchayat within whose jurisdiction the mauza is situated at least one week before the date of holding the enquiry;(iii)any subsequent objection against recording of a bargadar under sub-clauses (i) and (ii) shall be considered at the next stage of preparation or revision of record-of-rights as described in Schedule A.(b)Where the record-of-rights have been finally published under the Act, or where preparation or revision of record-of-rights has not yet been taken up under the Act, names of bargadars shall be recorded in the following manner:-(i)A prescribed authority appointed under section 50 of the Act may, on application or on his own motion, record the name of bargadar in record-of-rights after holding an inquiry and after giving the interested parties an opportunity of being heard;(ii)where the prescribed authority appointed under section 50 is satisfied that in a mauza within his jurisdiction there is a number of unrecorded bargadars who cultivate lands in the said mauza, he may, after holding an on-the-spot enquiry with a prior public notice, record names of the bargadars of the said mauza in the record-of-rights and issue certificates in a form similar to Form No. 8B to the bargadars thus recorded. He shall also inform [the raiyats concerned] of such recording:Provided that the public notice for holding the on-the-spot inquiry shall be published at least one week before the date of the inquiry at a conspicuous place of the Officer of the Gram Panchayat within whose jurisdiction the mauza is situated:Provided further that before recording names of the bargadars, the Revenue Officer shall give an opportunity of hearing to the interested parties including local representatives, if any, of a peasants' organisation who may be present at the time of the inquiry and may desire to be heard. The inquiry shall be held in a summary way and a note of such enquiry and result thereof shall be kept to the case recorded by the prescribed authority.Explanation. The prescribed authority appointed under section 50 shall be deemed to have been satisfied that there is a number of unrecorded bargadars in a mauza if such satisfaction is based on information received by him or on his knowledge gained in course of his official duties or on identification by the Collector or by the Settlement Officer of mauzas with large concentration of unrecorded bargadars.(iii)Recording of bargadars under sub-clauses (i) and (ii) shall be subject to supervision by the Collector or by any other officer appointed by the Government for the purpose.(2)The State Government may, at any time, by notification in the Official Gazette, direct that names of bargadars in a district, or in a part thereof, shall be entered in the record-of-rights by such officers, in such manner and after holding such enquiry as may be specified in the said notification] [Rule 14-I was inserted by Notification No. 416-L-Ref., dated 13th June, 1988, published in Calcutta Gazette, dated 15.7.1988.].
