(1) This Act may be called the West Bengal Land Reforms Short title, Tribunal Act, 1991. extent and commencement.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may by notification appoint.
149 The West Bengal Land Reforms Tribunal Act, 1991.
[West Ben. Act (Chapter L—Preliminary.--Section 2.)
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,—
(a) "Administrative Member" means a member of the Special Land Reforms Tribunal who is not a Judicial Member;
(b) "Assessor" means a person appointed as such under section 26;
(c) "Authority" means an officer or authority or functionary, as the case may be, appointed by the State Government under any specified Act to exercise the powers or discharge the functions under that Act, and includes any other officer or authority or functionary exercising the powers or discharging the functions under that Act;
(d) "Chief Justice" means the Chief Justice of the High Court at Calcutta;
(e) "Constituted service" means a service consisting of a cadre.
Explanation.—"Cadre" shall mean the strength of a service or a part of a service sanctioned as a separate unit;
(f) "Constitution" means the Constitution of India;
(g) "district" means a district within the meaning of section 7 of the Code of Criminal Procedure, 1973;
2 of 1974.
(h) "District Judge" means the judge of a principal civil court in a district and includes the Chief Judge of the City Civil Court;
(i) "estate" means the holding of land of any description or classification of a raiyat or an intermediary or any other person under any specified Act;
(j) "Governor" means the Governor of the State of West Bengal;
(k) "High Court" means the High Court at Calcutta; •
(1) "Judicial Member" means a member of the Special Land Reforms Tribunal appointed as such under clause (a) of subsection (2) of section 15;
(m) "land reforms" means—
(i) the imposition of ceiling on holding of land of any description or classification, including imposition of ceiling on urban property, of a raiyat or an intermediary or any other person under a specified Act;
(ii) the acquisition by the State of any estate or part thereof or of any rights and interests therein or the extinguishment or modification of any such rights in accordance with the provisions of any specified Act;
150 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991.]
(Chapter 1.—Preliminary.—Section 2.)
(iii) the acquisition of homestead land under a specified Act for weaker sections of the community;
(iv) the settlement or utilisation by the State of any land vested in it or acquired by it under any specified Act for proper distribution and use to subserve the common good;
(v) the restrictions on alienation of land by Scheduled Tribes to protect their rights and interests in land in accordance with the provisions of any specified Act;
(vi) the protection of rights and interests of bargadars in land in accordance with the provisions of any specified Act;
(vii) the reforms of land tenure in accordance with the provisions of any specified Act;
(viii) the regulation of use of land in accordance with the provisions of any specified Act to subserve the common good;
(ix) the rationalisation of land revenue in accordance with the provisions of any specified Act;
(x) the preparation and revision of record-of-rights in land under any specified Act to carry out land reforms within the meaning of sub-clauses (i) to (ix);
(xi) any other matter connected with, or incidental to, land reforms within the meaning of clauses (i) to (x);
(n) "Member" means a member of a Regional Land Reforms Tribunal who is not a Technical Member;
(o) "notification" means a notification published in the Official Gazette;
(p) "person" includes any individual, raiyat, family, association, corporation, institution, society, trust, company, farm, cooperative society, lessee of a tea garden or lessee or owner of a mill, factory or workshop or any place for live-stock breeding or dairy fanning;
(q) "prescribed" means prescribed by rules made under this Act;
(r) "Regional Land Reforms Tribunal" means a Regional Land Reforms Tribunal established under section 4;
(s) "rules" means the rules made under this Act;
(t) "Special Land Reforms Tribunal" means the Special Land Reforms Tribunal established under section 15;
151 The West Bengal Land Reforms Tribunal Act, 1991.
[West Ben. Act Act to have over-riding effect.
(Chapter I.—Preliminary.—Section 3.—Chapter IL—Regional Land Reforms Tribunal.—Section 4.)
(u) "specified Act" means—
(i) the West Bengal Estates Acquisition Act, 1953; or
(ii) the West Bengal Land Reforms Act, 1955; or
(iii) the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981; or
(iv) the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975; or
(v) the West Bengal Land Holdings Revenue Act, 1979;
(v) "State" means the State of West Bengal;
(w) "Sub-division" means a sub-division within the meaning of section 7 of the Code of Criminal Procedure, 1973;
(x) "Supreme Court" means the Supreme Court of India;
(y) "Surveyor" means a person appointed as such under section 26;
(z) "Technical Member" means a member of a Regional Land Reforms Tribunal appointed as such under sub-section (4) of section 4.
3. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any custom or usage or in any contract, express or implied.
West Ben.
Act I of
1954.
West Ben.
Act X of
1956.
West Ben.
Act XXXVII of
1981.
West Ben.
Act XLVII of 1975.
West Ben.
Act XLIV of 1979.
2 of 1974.
Establishment of Regional Land Reforms Tribunal.
CHAPTER II Regional Land Reforms Tribunal.