Section 28 in The West Bengal Non-Agricultural Tenancy Act, 1949
28. Draft and final publication of record-of-rights.-]
(1)When a record-of-rights has been revised or prepared, the Revenue Officer shall publish a draft of the record so revised or prepared in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made during such period to any entry therein or to any omission therefrom.(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 revise or prepare 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.(3)Separate publication of different parts of draft or final records may be made under sub-section (1) or sub-section (2) for different local areas.(4)An officer specially empowered by the State Government may, on application within one year from the date of final publication of the record-of-rights under sub-section (2), 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.(5)Any person aggrieved by an order passed in revision under sub-section (4) may, within such period and on payment of such court-fees as may be prescribed, appeal in the prescribed manner to-(a)the Settlement Officer having jurisdiction, where the order is passed by any officer subordinate to him, or(b)the Director of Land Records and Surveys, West Bengal, where the order is passed by the Settlement Officer,and the order passed in appeal by the Settlement Officer of the Director of Land Records and Surveys, West Bengal, as the case may be, shall be final.(6)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.(7)The State Government may, by notification in the Official Gazette, declare with regard to any area specified in the notification that the record-of-rights for every village included in such area has been finally published and such notification shall be conclusive proof of such publication.(8)In any suit or other proceeding in which a record-of-rights revised or prepared and finally published under this Chapter, or a duly certified copy of the record or any extract therefrom, is produced, been finally published.(9)Every entry in the record-of-rights finally published such record-of-rights shall be presumed to have under sub-section (2) including an entry revised under sub-section (4) or corrected under section 28A shall, subject to any modification by an order on appeal under sub-section (5), be presumed to be correct until it is proved by evidence to be incorrect.(10)The record-of-rights of non-agricultural lands of a mauza revised or prepared under this section shall form a separate part of the volume of record-of-rights of agricultural lands of the same mauza prepared under the provisions of Chapter VII of the West Bengal Land Reforms Act, 1955.
