(1) A Regional Land Reforms Tribunal and the Special Land Reforms Tribunal may, at any stage of a proceeding or trial under this Act, after due notice to the parties concerned, appoint an Assessor or Surveyor to ascertain facts in regard to all or any of the following matters:—
(a) area or boundary of a land;
(b) character and classification of a land;
(c) crop grown on a land;
(d) use of a land;
(e) easement rights in a land;
Appointment of Assessors and Surveyors.
167 The West Bengal Land Reforms Tribunal Act, 1991.
[West Ben. Act Report of Assessor or Surveyor.
Execution of order passed by a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal.
Proceedings to be deemed to be judicial proceedings.
(Chapter 1V.—Miscellaneous.—Sections 27-29.)
(f) person or persons cultivating a land;
(g) mode of cultivation of a land, that is to say, whether by a bargadar or otherwise;
(h) if a land is irrigated by water from a source provided by the State Government;
(i) person or persons enjoying the usufructs of a land;
(j) total number of members of a family, in relation to a raiyat, as defined in any specified Act;
(k) any other matter as a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal may deem fit.
(2) The qualifications, and the manner of appointment, of Assessors and Surveyors shall be such as may be prescribed.
(3) The Assessors and the Surveyors shall be paid such allowances in such manner as may be prescribed.
(4) An Assessor or a Surveyor shall perform his functions and discharge his duties in such manner as may be prescribed.
27. The facts in regard to any of the matters referred to in subsection (1) of section 26 ascertained by an Assessor or Surveyor in a proceeding or trial, shall be evidence in, and shall form part of the record of, such proceeding or trial:
Provided that a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal or, with the permission of a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal, any of the parties to such proceeding or trial, may examine the Assessor or the Surveyor, as the case may be, on any of the matters as aforesaid:
Provided further that if a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal is not satisfied with the facts ascertained by an Assessor or a Surveyor, it may direct him to re-ascertain the facts in such manner as may be prescribed or may appoint another Assessor or Surveyor with such direction as it may deem fit.
28. An interim order in, and an order finally disposing of any matter or proceeding by a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal, including an order as to costs, may be executed in such manner as may be prescribed.
29. All proceedings before a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
45 of 1860.
168 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991.]
(Chapter IV.—Miscellaneous.—Sections 30-32.)
30. A Regional Land Reforms Tribunal and the Special Land Reforms Tribunal shall have, and shall exercise, the same jurisdiction, power and authority in respect of contempt of either Tribunal as a High 70 of 1971. Court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971, shall have effect subject to the modifications that—
(a) the reference therein to a High Court shall be construed as including a reference to a Regional Land Reforms Tribunal or the Special Land Reforms Tribunal, as the case may be; 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.
31. A Regional Land Reforms Tribunal and the Special Land Reforms Tribunal shall, for the purposes of this Act, have the same 5 of 1908. powers as are vested in a civil court under the Code of Civil Procedure, 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 their respective decisions;
(e) dismissing an application or proceeding for default or deciding it ex pane;
(f) setting aside any order of dismissal of any application or proceeding for default or any order passed by the respective Tribunals ex pane;
(g) such other matters as may be prescribed.