3. Now, the Governor, after careful consideration of the matter, has been pleased to direct that the following principle and procedure should be followed for disposal of mutation cases:
(1)Application for mutation shall be received in the office of the Block Land & Land Reforms Officer by one or two officials who will be entrusted to do the job by the Block Land & Land Reforms Officer depending upon the flow of such applications in that office from time to time. No such application shall be received unless the same is submitted in the proforma as prescribed below which may be either typed or handwritten with requisite application fee and process fee along with the following documents:(a)Photocopy of registered deed of sale or gift or exchange or hebanama or such other transfer document by virtue of which the plot of land is transferred to the applicant concerned.(b)Photocopy of Legal Heir Certificate if the plot of land is transferred by inheritance to the applicant concerned.(c)Photocopies of chain of successive registered deeds of sale or gift or exchange or hebanama or such other transfer documents if the plot of land is transferred to the applicant concerned from the recorded raiyat after such intermediate transfers.(d)Photocopy of rent receipt showing the payment of up-to-date revenue and cesses of the plot of land, in question.(e)Declaration in the Form prescribed below which may be either typed or hand-written with court fee stamp of Rs. 10 affixed on it.(f)Two envelops each with postage stamp worth Rs. 5 affixed on it.The receiving official shall not refuse to receive the mutation application for failure of the applicant concerned to submit the copies of chain deeds in respect of the cases where the plot of land is not transferred directly to the applicant concerned from the recorded raiyat. In case of inheritance, Legal Heir Certificate from Pradhan of the concerned Gram Panchayat or Councillor of the concerned Municipality or Municipal Corporation will also be accepted. Mutation application will be disposed of by the Revenue Officer attached to the office of the Block Land & Land Reforms Officer who is appointed as prescribed authority' under section 50 of the West Bengal Land Reforms Act, 1955.(2)As soon as application is received complete in all respects as stated here in above it should be properly entered in Register-IX in the office of the Block Land & Land Reforms Officer and then notices shall be issued utilizing the envelops submitted with the application to the applicant as well as the transferee concerned from whom the applicant concerned has got the plot of land transferred in his favour for giving them hearing specifying the date and time of such hearing. If, however, it is found that there are other interested parties in respect of the plot of land in question, notices shall also be issued to all such interested parties for giving them hearing specifying the date and time of such hearing. If the plot of land is found to be situated within the urban agglomeration as defined under the Urban Land (Ceiling & Regulation) Act, 1976, a letter should be issued immediately to the Competent Authority appointed under the provisions of the said Act requesting them for a report within 30 days whether there is any objection for mutation as so applied for or not and in case no such report is received within 30 days it shall be presumed that there is no objection of the Competent Authority for such mutation. Necessary verification of the records should also be made to ascertain whether the plot of land is vested or it is a patta land or it is already acquired under the provisions of any Land Acquisition Act or it comes under the purview of clause (g) of sub-section (1) read with sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953.(3)The cases where the plot of land is found to have transferred directly from the recorded raiyat to the applicant concerned, it may not be necessary to conduct field inquiry to determine the possession of the plot of land, in question. But such field inquiry should necessarily be conducted in respect of the cases where the applicant concerned fails to submit the copies of chain deeds. However, such field inquiry may be conducted in respect of the cases where the applicant concerned submits the copies of all the chain deeds only if the Revenue Officer considers it necessary to do the same in a particular case. Necessary notice should be given to the applicant concerned as well as to the interested parties, if any, specifying the date and time of such inquiry.(4)Every application for mutation shall be disposed of by written order either rejecting such application or allowing mutation within a period of not exceeding 60 days from the date of receiving such application. The cases where field inquiry is required to be conducted the application for mutation in such cases shall be disposed of by written order either rejecting such application or allowing mutation within a period of not exceeding 120 days from the date of receiving such application. When a mutation application has been rejected the applicant concerned should invariably be informed stating in brief the ground for such rejection. In case disposal of mutation application cannot be made within the time limit as specified above, reasons thereof should be recorded in the relevant order sheet of the case record and onus for not disposing of such application within the specified time limit will be on the official concerned involved in the process. No case shall, however, be decided finally without giving hearing to the applicant concerned and the interested parties, if any. In case of failure of the concerned applicant and the interested parties to avail the opportunity of hearing for the third time which shall be the last and final opportunity for them, then the case will be decided by the Revenue Officer ex parte.(5)Whenever an order is passed by the Revenue Officer allowing mutation, the record-of-rights should be corrected on the very day to reflect the mutation and a copy of the computerized record-of-rights signed by the Revenue Officer as 'prescribed authority' shall be issued in place of certificate of mutation in respect of the cases where the concerned mouza has been finally published under the West Bengal Land Reforms Act, 1955. In case mutation is allowed in respect of the plot of land in mouza where revision of record-of-rights under section 51 of the West Bengal Land Reforms Act, 1955 has been taken up and it is at the stage of Khanapuri-Bujharat (K.B.) or Attestation, then a certificate of mutation shall be issued in Form A prescribed below as soon as order is passed by the Revenue Officer allowing mutation and certified copy of the record-of-rights shall be issued only when Draft Publication of the mouza under the said Act is to be done. If on receipt of the application for mutation, it is found on verification of the record-of rights that the name of the applicant concerned has already been incorporated in K.B. or Attestation stage, the applicant concerned should be informed of the same as in Form B prescribed below within seven days from the date of receipt of such application. In case mutation is allowed in respect of the plot of land in a mouza where K.B. has not yet been taken up, the corrections consequent on mutation order should be made in the copy of the record-of-rights modified under the West Bengal Estates Acquisition Act, 1953 and a certificate of mutation shall be issued in Form A prescribed below. However, in case mutation is allowed in respect of the plot of land in a mouza where Draft Publication has been made the record-of-rights so made should be corrected on the very day to reflect the mutation and a copy of the computerized record-of-rights signed by the Revenue Officer as 'prescribed authority' shall be issued in place of certificate of mutation.Proforma Application For Mutation
