Section 44 in West Bengal Estates Acquisition Act, 1953
44. Draft and final publication of the record-of-rights.
(1) When a record-of-rights has been prepared or revised [ xxx ] [The words "as aforesaid" omitted by Section 13(1), ibid (with retrospective effect).], the Revenue Officer shall publish a draft of the record so prepared or revised in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of such publication :[Provided that no order passed under section 5A shall be liable to be reopened in pursuance of an objection made under this sub-section.][Proviso added by Section 12 of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect).](2)When all such objections have been considered and disposed of according to such rules as the State Government may make in this behalf, the Revenue Officer shall finally frame the record and cause such record to be finally published in the prescribed manner and make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same under his name and official designation :[ xxx ][[Proviso omitted by Section 13(2) of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Bengal Act No. 19 of 1961), which read as under :Provided that such final publication shall be made within three years of the date of the order made by the State Government under section 39.]](2a1) [ Separate publication of different parts of draft or final records may be made under sub-section (1) or sub-section (2).][Sub-section (2a1) Inserted by Section 19(2) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) (with retrospective effect).](2a)[ An officer specially empowered by the State Government may, [on application within nine months, or of his own motion within [fifty years,] [Sub-section (2a) Inserted by Section 7(a) of the West Bengal Estates Acquisition (Second Amendment) Act, 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).]] from the date of final publication of the record-of-rights or from the date of coming into force of the West Bengal Estates Acquisition (Second Amendment) Ordinance, 1957 (West Bengal Ord. X of 1957), whichever is later, revise an entry in the record finally published in accordance with the provisions of sub-section (2) after giving the persons interested an opportunity of being heard and after recording reasons therefor :Provided that nothing in the foregoing paragraph shall be deemed to empower such officer to modify or cancel any order passed under section 5A, while revising any entry :Provided further that no such officer shall entertain any application under this sub-section or shall of his own motion take steps to revise any entry, if an appeal against an order passed by a Revenue Officer on any objection made under sub-section (1), has been filed before the commencement of the West Bengal Estates Acquisition (Second Amendment) Ordinance, 1957, before a Tribunal appointed for the purpose of this section, and, notwithstanding anything in this section, any such appeal may continue and be heard and disposed of as if the West Bengal Estates Acquisition (Second Amendment) Ordinance, 1957, had not been promulgated.](3)Any person aggrieved by an order passed [in revision under sub-section (2a)] [Substituted by Section 7(b) of the West Bengal Estates Acquisition (Second Amendment) Act. 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect) for the words, figure and brackets by a Revenue Officer on any objection made under sub-section (1).] may appeal in the prescribed manner to a Tribunal appointed for the purpose of this section, and within such period [and on payment of such court-fees] [Inserted by Section 13(1) of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect).] as may be prescribed.(3a)[ The certificate of final publication referred to in sub-section (2), or in the absence of such certificate, a certificate signed by the Collector of any district in which the area to which the record-of-rights relates is wholly or partly situate, stating that a record-of-rights has been finally published on a specified date, shall be conclusive proof of such publication and of the date thereof.(3b)The State Government may, by notification, declare with regard to any specified area, that a record-of-rights has been finally published for every village included in such area and such notification shall be conclusive proof of such publication.(3c)In any suit or other proceeding in which a record-of-rights prepared and published under this Chapter, or a duly certified copy thereof or extract therefrom, is produced, such record-of-rights shall be presumed to have been finally published unless such publication is expressly denied.][Sub-sections (3a), (3b) and (3c) Inserted by Section 13(2), ibid (with retrospective effect).](4)[ Every entry in the record-of-rights finally published under sub-section (2) including an entry revised under sub-section (2a) [, made under section 42A] [Sub-section (4) Substituted by Section 7(c) of the West Bengal Estates Acquisition (Second Amendment) Act. 1957 (West Bengal Act No. 25 of 1957) (with retrospective effect).] or corrected under section 45 or section 45A shall, subject to any modification by an order on appeal under sub-section (3), be presumed to be correct [ xxx ] [The words "until it is proved by evidence to be incorrect" omitted by Section 3 of the West Bengal Estates Acquisition (Second Amendment) Act. 1973 (West Bengal Act No. 33 of 1973).].]
