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State of West Bengal - Section

Section 21 in West Bengal Land Reforms Rules, 1965.

21. Manner of maintenance of record-of-rights.

— (1) Whenever change is required to be made in the record-of-rights on account of any of the causes mentioned in clauses (a) to (f) of section 50, the matter shall be brought to the notice of the Revenue Officer especially empowered by the State Government for maintaining up-to-date the village record-of-rights and all papers containing the original orders passed in mutation and other cases or authenticated copies of such orders shall be made available to him. On receipt of the original orders or authenticated copies thereof the Revenue Officer shall make necessary corrections in the record-of-rights and shall subscribe his dated signature to such corrections noting the authority under which the corrections have been made. After the corrections have been made, the Revenue Officer shall inform the parties concerned and, if necessary, the Settlement Department of the changes made in the record-of-rights.
(2)[ Notwithstanding the provisions of sub-rule (1), the Revenue Officer may, on his own motion, incorporate in the village record-of-rights any change on account of alteration in the mode of cultivation, for example, by a bargadar mentioned in clause (e) of section 50 after making such inquiry including on-the-spot inquiry and inspection, as he may deem fit, and after giving the parties interested an opportunity of being heard. After the change has been incorporated the Revenue Officer shall inform the parties concerned and, if necessary, the Settlement Department of such change in the record-of-rights and shall grant to such bargadar a certificate in Form No. 8B or in Form No. 8C, as the case may be.Explanation. — For the purpose of this sub-rule, the Revenue Officer shall be deemed to act on his own motion even where an application or representation has been made to him by any person claiming to be entitled to be recorded as bargadar or by any other person on his behalf, not being a legal practitioner or an advocate.
(3)The parties interested shall be deemed to have been given an opportunity of being heard under sub-rule (2), if before one week of the inquiry, if any, or, where no inquiry is made, one week before incorporating in the village record-of-rights any change on account of clause (e) of section 50, the. Revenue Officer publishes a notice of his intention to make an inquiry, or as the case may be, to incorporate any change as mentioned in sub-rule (2), by affixing a notice to some conspicuous part of the village/mauza in which the land affected is situated; and by affixing notice to a conspicuous place in the office of the Gram Panchayat within whose jurisdiction the land affected is situated.
(4)Anything done or any action taken under sub-rules (1), (2) and (3) as amended by Notification Nos. 3426-L. Ref., dated the 19th September 1978, 1960-L. Ref., dated the 26th May, 1979, 2224-L. Ref., dated the 1 1 th June, 1979 and 1592-L. Ref., dated the 30th July, 1980 shall be deemed to have been validly done or taken with effect from the respective dates when such sub-rules had come into operation and that anything so done or any action so taken shall be deemed to have constituted an opportunity of being heard to each party entitled thereto.] [Rule 21 has been renumbered as Rule 21(1) and new Rules 21(2), (3) & (4) have been inserted by Notification No. 1998-L-Ref.,/20R-3/80, dated 2.5.1981, published in Calcutta Gazette, dated 12.5.1981.]