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Section 9

The West Bengal Land Reforms And Tenancy Tribunal Act, 1997State Act of West Bengal · Act 25 of 1997

(1) All matters, proceedings, cases and appeals relating to land Transfer of reforms and matters connected therewith or incidental thereto and other case records from High matters arising out of a specified Act pending before the High Court, Court.

except where a Division Bench of that Court exercises writ jurisdiction under articles 226 and 227 of the Constitution, on the date appointed by the State Government under section 6, shall stand transferred to the Tribunal for disposal in accordance with the provisions of this Act.

(2) Where any matter, proceeding, case or appeal stands transferred from the High Court to the Tribunal under sub-section (1),—

(a) the High Court shall, as soon as may be after such transfer, forward the records of such matter, proceeding, case or appeal to the Tribunal in accordance with such procedure as may be prescribed; and 223 The West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

[West Ben. Act Application to Tribunal.

(Chapter 11.—Establishment of Tribunal.—Section 10.)

(b) the Tribunal shall, on receipt of such records, proceed to dispose of such matter, proceeding, case or appeal so far as may be, from the stage reached before such transfer or from any earlier stage of de novo as it may deem fit:

Provided that any interim order granted in a matter, proceeding or case by the High Court shall stand vacated on the expiry of twelve weeks from the date appointed by the State Government under section 6 unless the Tribunal by an order varies, modifies or extends the same earlier on an examination of the records of such matter, proceeding or case.

(3) (a) All proceedings pending before the Mines Tribunal appointed under section 36 of the West Bengal Estates Acquisition Act, 1953, on the date appointed by the State Government under section 6 of this Act, shall stand transferred to the Tribunal for disposal.

(b) Upon such transfer, the records of such proceedings shall be forwarded to the Tribunal in accordance with such procedure as may be prescribed.

Where this provision sits

ActThe West Bengal Land Reforms And Tenancy Tribunal Act, 1997
Section9
JurisdictionState of West Bengal
StatusIn force as published by the source

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