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State of West Bengal - Section

Section 22 in The Bengal Tanks Improvement Act, 1939

22. Record-of-rights in respect of derelict tanks.

(1)The Collector shall prepare in the prescribed form and manner a record-of-rights in respect of all tanks which are declared to be derelict tanks under this Act, [and a record-of-rights respect of the lands adjoining such tank of which possession is taken under section 6A or retaken under sub-section (3) of section 9B] [Words within third brackets inserted by W.B. Act 24 of 1948.] and during the period of possession of any such tank [or during the period for which any such land remains in the possession of an authorised person] [Words within third brackets inserted by W.B. Act 24 of 1948.] he may, on application or of his own motion, from time to time, add to or alter in the prescribed manner any entry in the record-of-rights [in respect of such tank or such land] [Words within third brackets inserted by W.B. Act 24 of 1948.].
(1a)[ In the record-of-rights prepared under sub-section (1), there shall be shown in addition to any other details that may be prescribed, the following:-
(a)the names of all persons from the actual possessor upwards up to and including the owner having permanent transferable right in the tank and adjoining lands together with their addresses, nature and extent of right and interest in the tank and adjoining lands as existing immediately before possession of such tank or land is taken under the provisions of this Act;
(b)the revenue or rent and cesses, if any, payable by the different persons referred to in clause (a) in respect of the tank or land or if that be not ascertainable then the revenue or rent and cesses in respect of the estate, tenure, or holding, in which such tank or land is included; and
(c)the numbers of cadastral survey plots together with the names and addresses of possessors of such plots who may have immediately before possession of such tank is taken the prescriptive right of taking water from such tank for irrigation purposes.
(2)Every entry in the record-of-rights referred to in sub-section (1) shall be evidence of the matter referred to in such entry, and shall be presumed to be correct in every particular for the purposes of this Act until it is proved by evidence to be incorrect.] [Sub-section (1a) inserted by W.B. 24 of 1948.]