(1) The State Government may by notification establish a Regional Land Reforms Tribunal in respect of a district or more than one district or any part of a district and also in respect of the area described in Schedule Ito the Calcutta Municipal Corporation Act, 1980, or any part thereof.
Explanation—Part of a district shall ordinarily mean a sub-division, or two or more, but not all, sub-divisions taken together, of that district as may be specified in the notification under this sub-section:
West Ben.
Act LIX of
1980.
152 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991.]
(Chapter IL—Regional Land Reforms Tribunal. Section4.)
West Ben.
Act LEX of
1980.
Provided that if the area of a district or any part of a district overlaps any part of the area described in Schedule Ito the Calcutta Municipal Corporation Act, 1980, such overlapping area shall be excluded from the territorial jurisdiction of the Regional Land Reforms Tribunal in respect of that district and shall be included within the territorial jurisdiction of the Regional Land Reforms Tribunal in respect of the area described in Schedule Ito the Calcutta Municipal Corporation Act, or any part thereof.
(2) The State Government may, at any time, by notification enlarge or reduce the territorial jurisdiction of a Regional Land Reforms Tribunal established under sub-section (I).
(3) A Regional Land Reforms Tribunal shall consist of at least one Member and one Technical Member and the number of Technical Members shall ordinarily be equal to the number of Members of the Tribunal.
(4) The Members and the Technical Members shall be appointed by the Governor, and the Member or, if there are two or more Members, one of such Members shall be appointed by the Governor with the additional designation of Chairman:
Provided that the Members shall be appointed in consultation with the Chief Justice and the Technical Members shall be appointed 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.
(5) A person shall be qualified for appointment as a Member if he has, for at least ten years, held a judicial office in the territory of India or has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.
(6) A person shall be qualified for appointment as a Technical Member if he has for at least ten years held an administrative office under the State Government or under the Central Government and the State 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:
Provided that no person shall be appointed as a Technical Member unless he is or has been an officer, not below the rank of a Deputy Secretary to the State Government.
(7) A person shall hold office as a Member or as a Technical Member for a term of five years or until he attains the age of 62 years, whichever is later.
153 The West Bengal Land Reforms Tribunal Act, 1991.
[West Ben. Act (Chapter IL—Regional Land Reforms Tribunal.—Section 4.)
(8) A Member or a Technical 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 as may be nominated by the Chief Justice in which such Member or Technical 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 Member or the Technical Member.
(9) On ceasing to hold office a Member or a Technical Member shall be ineligible for further employment under the State Government and shall also be ineligible to appear or plead before any Tribunal established under this Act:
Provided that such Member or Technical Member shall not be ineligible for appointment as a Judicial Member or Administrative Member, as the case may be, of the Special Land Reforms Tribunal.
(10) The salaries and allowances payable to, and the other terms and conditions of service of, a Member and also of a Technical Member shall be such as may be prescribed:
Provided that the salary and allowances of a Member or of a Technical Member shall not be varied to his disadvantage.
(I 1) If any Member of a constituted service under the State Government or the Central Government is appointed as a Member or Technical Member, his lien shall, notwithstanding anything to the contrary contained in any other law for the time being in force, stand terminated.
(12) The State Government shall, in consultation with the Chairman of a Regional Land Reforms Tribunal, 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.
(13) The Chairman of a Regional Land Reforms Tribunal 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.
154 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991.]
West Ben.
Act LIX of
1980.
(Chapter IL—Regional Land Reforms Tribunal.—Sections 5-7.)