Section 2A in West Bengal Land Reforms Rules, (Bargadars) Rules, 1956
2A. [ Period for determination or nomination of a lawful heir and procedure in respect thereof. (1) The period, within which all the lawful heirs of a deceased bargadar, where there are more than one lawful heir, may determine, under sub-section (1) of section 15A, one lawful heir who may continue the cultivation of such land, is thirty days from the date of death of the deceased bargadar.
(2)Where such lawful heirs omit or fail to determine one lawful heir as required by sub-section (1) of section 15A within the period referred to in sub-rule (1), all or any of such lawful heirs or the owner of the land whose land the deceased bargadar cultivated may, within seven days from the expiry of the period referred to in sub-rule (1), make an application before the officer or authority appointed under sub-section (1) of section 18, giving necessary particulars, for nominating one of the lawful heirs of the bargadar who is in a position to cultivate the lands personally, to continue the cultivation thereof:Provided that the provisions of section 5 of the Limitation Act, 1963, shall apply to such application.(3)On receipt of such application, the officer or authority appointed under sub-section (1) of section 18 shall, after giving all persons interested in the cultivation of such land an opportunity of being heard, and after making such enquiries as he or it may deem necessary, make an order, under the proviso to section 15A, nominating one of the lawful heirs of the bargadar, who is in a position to cultivate the land personally, to continue the cultivation thereof.(4)The application made by such officer or authority under sub-rule (3) shall be disposed of as expeditiously as possible but not later than thirty days from the date of making such application unless for reasons to be recorded by such officer or authority in writing, it is not possible for him or it to dispose of such application within that period.] [Inserted by Notification No. 14080L. Ref., dated 30.10.1970, published in Calcutta Gazette, dated 31.10.1970.]
