(1) Subject to the provisions of section 6 and other provisions of this Act, a person aggrieved by any order passed by an Authority or any action taken either by an Authority or by the State Government may prefer an appeal to the Tribunal for the redressal of his grievance.
(2) Every application under sub-section (1) shall be made within sixty days from the date on which such order was passed or such action was taken, as the case may be, or within such further time as may be allowed by the Tribunal for cause shown to its satisfaction, and shall be made in such form, and shall be accompanied by such fee, as may be prescribed.
(3) Save as expressly provided in this Act, the Tribunal shall not admit an application referred to in sub-section (1) unless it is satisfied that—
(a) the application has availed of all remedial measures available to him under the relevant specified Act, and
(b) the remedial measures available under the provisions of the relevant specified Act are not adequate or shall cause undue hardship to the applicant.
(4) The Tribunal may, if it is satisfied after such enquiry as it may deem fit that requirements under this Act and the rules made thereunder are complied with in relation to the application referred to in sub-section (1), admit such application, but where the Tribunal is not so satisfied, it may reject the application summarily giving reasons therefor.
West Ben.
Act I of
1954.
224 The West Bengal Land Reforms and Tenancy Tribunal Act, 1997.
XXV of 1997.]
(Chapter IL—Establishment of Tribunal.—Sections 11, 12.)
(5) Where an application under sub-section (1) has been admitted by the Tribunal, it shall decide and dispose of such application as expeditiously as possible, and ordinarily within six months from the date of such admission or from the date of receipt of records from the concerned Authority or the State Government, as the case may be.
(6) While deciding the application under sub-section (5), the Tribunal shall issue such direction, or pass such order, as it may deem fit.
(7) Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an application made under sub-section
(1) unless—
(a) copies of such application and of all documents in support of the plea for such interim order are duly furnished seven days in advance to each of the parties against whom such application is made or is proposed to be made;
(b) an opportunity of being heard is given to each of the parties against whom such application is made:
Provided that the Tribunal may pass an interim order as an exceptional measure if it is satisfied for reasons to be recorded in writing that it is necessary so to do for preventing any loss being immediately caused to the applicant:
Provided further that if the application referred to in subsection (1) is not decided and disposed of within a period of six months from the date of the interim order, the interim order shall, if it is not vacated earlier, stand vacated on the expiry of the period as aforesaid unless, for special reasons or in the interest of justice, the interim order is varied, modified or extended by the Tribunal.
11. No appeal or application against any decision of the Tribunal in a proceeding shall lie to any court except the Supreme Court and the Division Bench of the High Court exercising writ jurisdiction under articles 226 and 227 of the Constitution.
12. Notwithstanding anything contained elsewhere in this Act or in any specified Act, reference to the High Court in any specified Act shall be deemed to be a reference to the Tribunal with effect from the date appointed by the State Government under section 6.
Appeal to lie to Division Bench of High Court.
Reference to High Court to be deemed to be reference to Tribunal.
225
13. An interim order in, and an order finally disposing of, any matter or proceeding by the Tribunal, including an order as to costs, may be executed in such manner as may be prescribed.
14. All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian 45 of 1860.
Penal Code.
15. The Tribunal shall have, and shall exercise, the same jurisdiction, power and authority in respect of contempt of the Tribunal as a High Court has and may exercise, and, for this purpose, the provisions of the Contempt 70 of 1971.
of Courts Act, 1971, shall have effect, subject to the modifications that—
(a) the reference therein to a High Court shall be construed as a reference to the Tribunal, and
(b) the reference therein to the Advocate-General in section 15 of the said Act shall be construed as a reference to the Advocate- General of the State.
Execution of order passed by Tribunal.
Proceedings to be deemed to be judicial proceedings.
Power to punish for contempt of Tribunal.
The West Bengal Land Reforms and Tenancy Tribunal Act, 1997.
[West Ben. Act (Chapter 111.—Miscellaneous.—Sections 13-16.)
CHAPTER III Miscellaneous Power of Tribunal to take evidence on oath etc.
16. The Tribunal shall, for the purposes of this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 5 of 1908.
1908, while trying a suit, in respect of the following matters:—
(a) summoning and enforcing the attendance of any person and examining him on oath or affirmation;
(b) requiring the discovery, inspection and production of documents;
(c) examining witness or issuing commissions for the examination of witness;
(d) reviewing its decisions;
(e) dismissing an application or proceeding fordefault or deciding it ex parte;
(f) setting aside any order of dismissal of any application or proceeding for default or any order passed by the Tribunal ex parte;
(g) such matters as may be prescribed.
226 The West Bengal Land Reforms and Tenancy Tribunal Act, 1997.
XXV of 1997.]
(Chapter III.—Miscellaneous.—Sections 17-20.)