(1) (a) The State Government shall by notification establish a Tribunal to be called the Special Land Reforms Tribunal which shall consist of a Chairman and not less than one Judicial Member and not less than one Administrative Member.
(b) The State Government shall by notification determine the place at which the Special Land Reforms Tribunal shall sit.
(2) (a) The Chairman and the Judicial Member shall be appointed by the Governor in consultation with the Chief Justice:
Provided that in the event of the occurrence of any vacancy in the office of the Chairman by reason of death, resignation or otherwise, or when the Chairman is unable to discharge his functions under this Act owing to absence, illness or any other cause, the State Government may authorise a Judicial Member to discharge the functions of the Chairman until the Chairman resumes his office or a Chairman, appointed in accordance with the provisions of this Act, enters upon his office.
(b) An Administrative Member shall be appointed by the Governor on the recommendation of a Selection Committee of three members constituted by the Governor of which the Chairman shall be a sitting Judge of the High Court nominated by the Chief Justice and the other two members shall be nominated by the State Government.
160 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991] (Chapter HI—Special Land Reforms Tribunal.—Section 15.)
West Ben.
Act VIII of
1987.
(3) No person shall be qualified for appointment—
(a) as Chairman unless he is, or has been, a Judge of the High Court or has held for a period of not less than one year the office of a Judicial Member;
(b) as a Judicial Member unless he has been, or is qualified to be, a Judge of a High Court or unless he has been a Member of a Regional Land Reforms Tribunal for a period of not less than three years or unless he has been a Judicial Member of the West Bengal Taxation Tribunal constituted under the West Bengal Taxation Tribunal Act, 1987;
(c) as an Administrative Member unless he is, or has been, an officer of the State Government or the Central Government, not below the rank of a Joint Secretary to that Government, and has dealt with matters relating to land reforms during his service under the State Government for a period of not less than three years or unless he has been a Technical Member of a Regional Land Reforms Tribunal for a period of not less than three years.
(4) The Chairman shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of 68 years, whichever is earlier.
(5) A Judicial Member or an Administrative Member shall hold office for a term of five years from the date on which he enters upon his office or unitl he attains the age of 62 years, whichever is later.
(6) If any member of a constituted service under the State Government or the Central Government is appointed as a Judicial Member or as an Administrative Member, his lien shall, notwithstanding anything to the contrary contained in any other law for the time being in force, stand terminated.
(7) The Chairman or a Judicial Member or an Administrative Member shall not be removed by the Governor from his office, except on the ground of proved misbehaviour or incapacity and except after an inquiry made by the Chief Justice or by a sitting Judge of the High Court to be nominated by the Chief Justice in which such Chairman or Judicial Member or Administrative Member, as the case may be, has been informed of the charges against him and has been given a reasonable opportunity of being heard in respect of the charges:
Provided that for the aforesaid inquiry, the State Government may by rules regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or the Judicial Member or the Administrative Member.
161 The West Bengal Land Reforms Tribunal Act, 1991.
[West Ben. Act (Chapter IIL—Special Land Reforms TribunaL—Section 15.)
(8) On ceasing to hold office, the Chairman or a Judicial Member or an Administrative Member shall be ineligible—
(a) for further employment under the State Government, and
(b) to appear or plead beofre any Tribunal established under this Act:
Provided that a Judicial Member shall be eligible to be appointed as Chairman in accordance with the provisions of this Act.
(9) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairman and the Judicial Members and the Administrative Members shall be such as may be prescribed:
Provided that the salary and allowances of the Chairman or of any Judicial Member or of any Administrative Member shall not be varied to his disadvantage.
(10) The State Government shall, in consultation with the Chairman, determine the categories of officers and other employees required to assist the Tribunal in the discharge of its functions, and shall provide the Tribunal with such officers and other employees. The salaries and allowances, and the method of recruitment and conditions of service, of the officers and other employees of the Tribunal shall be such as may be prescribed.
(11) The Chairman shall exercise financial and administrative powers for the functioning of the Tribunal and may delegate all or any of such powers to an officer of the Tribunal in accordance with the rules made under this Act.
(12) The Special Land Reforms Tribunal shall exercise jurisdiction, power and authority and perform functions conferred or imposed on it by or under this Act by one or more Benches, each Bench consisting of such number of Judicial Member and Administrative Member as may be determined by the Chairman:
Provided that each such Bench shall consist of at least one Judicial Member and one Administrative Member:
Provided further that where the matter relates to the disposal of an appeal received upon transfer under this Act from the High Court or of any question of constitutional validity of any provision of any specified Act, the matter shall be decided by a Bench constituted of one Administrative Member and at least two Judicial Members of whom the Chairman shall be one.
Explanation.—For the purposes of this sub-section, a Judicial Member shall include the Chairman.
162 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991.]
(Chapter III. SpecialLand Reforms Tribunal.—Sections 16, 17.)
West Ben.
Act VIII of
1987.
West Ben.
Act I of
1954.
(13) The Governor may, in consultation with the Chief Justice, transfer a Judicial Member of the West Bengal Taxation Tribunal constituted under the West Bengal Taxation Tribunal Act, 1987, to the Special Land Reforms Tribunal and vice versa.
16. Subject to the other provisions of this Act, the Special Land Reforms Tribunal shall, for the purpose of regulating its procedure and conduct of business, make, in consultation with the State Government, regulations consistent with the provisions of this Act and the rules made thereunder:
Provided that the regulations so made shall be published in the Official Gazette.
17. Subject to the other provisions of this Act, the Special Land Reforms Tribunal shall, with effect from such date as may be appointed by the State Government by notification in this behalf, exercise jurisdiction, power and authority in relation to—
(a) adjudication of such application, dispute or case relating to land reforms as is referred to it by a Regional Land Reforms Tribunal under section 10;
(b) adjudication of an appeal under section 37, against an order of the Mines Tribunal appointed under section 36, of the West Bengal Estates Acquisition Act, 1953;
(c) adjudication of disputes and applications relating to land reforms involving interpretation of the Constitution or of the validity of any specified Act or of any other law for the time being in force:
Provided that the special Land Reforms Tribunal shall not adjudicate any dispute or application under this clause unless on application or on its own motion, it is satisfied that the adjudication of such dispute or application involves interpretation of the Constitution or of the validity of any specified Act or of any other law for the time being in force, in which case it shall withdraw the dispute or the application, as the case may be, from the Regional Land Reforms Tribunal, or such dispute or application is referred to it by a Regional Land Reforms Tribunal under sub-section (4) of section 8;
(d) adjudication of matters, proceedings, cases and appeals which stand transferred from the High Court and other Authorities in accordance with the provisions of this Act;
Power to make regulations.
Jurisdiction, power and authority of Special Land Reforms Tribunal.
163 The West Bengal Land Reforms Tribunal Act, 1991.
[West Ben. Act (Chapter Ill.—Special Land Reforms Tribunal.—Sections 18-2a) Exercise by Special Land Reforms Tribunal of jurisdiction, power and authority exercisable by courts.
Exclusion of jurisdiction of courts.
(e) adjudication of disputes and applications relating to land reforms arising out of orders made under any provision of a specified Act by an Authority under such Act so long as a Regional Land Reforms Tribunal is not established under this Act in respect of a district or any part of a district or in respect of the area described in Schedule Ito the Calcutta Municipal Corporation Act, 1980, or any part thereof where such Authority has its office;
Provided that the disputes or applications taken up for adjudication and partly heard by the Special Land Reforms Tribunal under this clause shall be finally decided by the said Tribunal, even if a Regional Land Reforms Tribunal is subsequently established under this Act
18. Save as otherwise expressly provided in this Act, the Special Land Reforms Tribunal shall exercise, with effect from the date appointed by the State Government under section 17, all the jurisdiction, power and authority exercisable immediately before that day by any court including the High Court, but excluding the Supreme Court, for adjudication or trial of disputes and applications relating to land reforms and matters connected therewith or incidental thereto.
19. On and from the date from which jurisdiction, power and authority become exercisable under this Act by the Special Land Reforms Tribunal, the High Court or any civil court, except the Supreme Court, shall not entertain any proceeding or application or exercise any jurisdiction, power or authority in relation to adjudication or trial of disputes or applications relating to land reforms or any matter connected therewith or incidental thereto.
West Ben.
Act LIX of t980.
Transfer of 20. (1) All matters, proceedings, cases and appeals relating to land reforms and matters connected therewith or incidental thereto pending before the High Court on the date appointed by the State Government under section 17, shall stand transferred to the Special Land Reforms 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 Special Land Reforms 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 Special Land Reforms Tribunal in accordance with such procedure as may be prescribed; and pending cases from High Court etc.
164 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991.]
West Ben.
Act I of
1954.
(Chapter III—Special Land Reforms Tribunal.—Sections 21, 22.)
(b) the Special Land Reforms 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 or de novo as it may deem fit:
Provided, that any interim order granted in a matter, proceeding, case or appeal by the High Court shall stand vacated on the expiry of twelve weeks from the date appointed by the State Government under section 17 unless the Special Land Reforms Tribunal by an order varies, modifies or extends the same earlier on an examination of the record of such matter, proceeding, case or appeal.
(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 17 of this Act, shall stand transferred to the Special Land Reforms Tribunal for disposal.
(b) Upon such transfer, the records of such proceedings shall be forwarded to the Special Land Reforms Tribunal in accordance with such procedure as may be prescribed.
21. On a reference made by a Regional Land Reforms Tribunal in accordance with the provisions of sub-section (4) of section 8, the Special Land Reforms Tribunal may call for any information and direct the Regional Land Reforms Tribunal to make such addition or alteration to the reference made by it as may make it sufficient to enable the Special Land Reforms Tribunal to determine the question raised in the reference, and thereafter the Special Land Reforms Tribunal shall hear such reference as expeditiously as possible and deliver judgement thereon with reasons.