Section 14H in West Bengal Land Reforms Rules, 1965.
14H. [ Manner of enquiry to be held under sub-section (4) of section 21. (1) The officer or authority to whom a reference has been made under sub-section (3) of section 21, shall at once start a case with appropriate number and with other particulars entered in the order-sheet and shall enter the same in a register.
(2)The officer or authority, as the case may be, shall ascertain if the name of the person under reference is recorded as bargadar in the record-of rights prepared under section 51, or under section 2ID or maintained under section 50, or his name as bargadar has been incorporated in record-of-rights, or he has been given a certificate in accordance with any provision of Schedule A to these rules.(3)Where the name of the person under reference does not appear as bargadar in any of the records mentioned in sub-rule (2), the officer or authority to whom the reference under sub-section (3) of section 21 has been made shall hold an enquiry including an on-the-spot enquiry to ascertain the fact. He may examine witnesses including the local member of the Gram Panchayat within whose jurisdiction the land is situated, members of farmers' organisations, if any, in the locality and cultivators of lands situated near or adjoining the land.(4)After holding enquiries under sub-rules (2) and (3), and after holding such further enquiry as he may deem fit, the officer or authority, as the case may be, shall make a decision as to whether the person whose name has been referred to by the Court, is a bargadar or not and shall communicate a signed copy of the said decision to the Court [within three months] [Rule 14H was inserted by Notification No. 416-L-Ref., dated 13th June, 1988, Published in Calcutta Gazette dated 15.7.1988.,].(5)Decision referred to in sub-rule (4) shall contain the point for determination, a concise statement of the facts revealed on such enquiry or enquiries, reasons for the decision and the decision.]
