(5)If the person whose case is under their consideration claims, when submitting his representation or when appearing before the advising Judges, that both he and his father were born in West Bengal or that he is a member of a family which has definitely settled in West Bengal and is himself so settled, the advising Judges shall give him an opportunity of establishing his claim, and shall also give to the Commissioner of Police or the District Magistrate, as the case may be, an opportunity of rebutting the same, and at the time of submission of their report to the State Government shall record their opinion as to whether such person has established his claim.
