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State of West Bengal - Section

Section 51A in West Bengal Land Reforms Act, 1955

51A. [ Draft and final publication of the 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.] [Inserted by West Bengal Land Reforms (Amendment) Act, 1965 (West Bengal Act 18 of 1965).]

(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 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, or on his own motion [within thirty-five years] [Substituted the sub-section (4) by West Bengal Act 35 of 1986, published in the Calcutta Gazette, dated 12.5.1989.], from the date of 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 the persons interested are given 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 fee, as may be prescribed, appeal in the prescribed manner to the prescribed authority of the district in which the land referred to in the record-of-rights is situated:Provided that where the appeal is preferred to a Collector, he may transfer the appeal to such officer subordinate to him as may be prescribed:Provided further that the officer to whom the appeal is transferred is superior in rank or position to the officer or authority making the order appealed against.] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.]
(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 [is] [is perhaps slipped out.] revised or prepared and finally published under this Chapter, or a duly certified copy of the record or an extract therefrom, is produced, such record-of-rights shall be presumed to have been finally published unless such publication is expressly denied.
(9)Every entry in the record-of-rights finally published under sub-section (2) including an entry revised under sub-section (4) or corrected .inder section 51B [or section 51BB] [Inserted by West Bengal Land Reforms (Amendment) Act, 1986 (Act 35 of 1996), published in the Calcutta Gazette, dated 12.5.1989, w.e.f. 12.5.1989.] shall, subject to any modification by an order on appeal under sub-section (5), be presumed to be correct.