(1) Subject to the other provisions of this Act, a person aggrieved by any order passed or action taken pertaining to any matter within the jurisdiction of a Regional Land Reforms Tribunal may make an application to it for the redressal of his grievance.
Explanation.—For the purposes of this sub-section, "order" means an order made by an Authority and "action" means an action taken by an Authority or by the State Government.
(2) Every application under sub-section (1) shall be made within sixty days from the date of such order passed or such action taken, as the case may be, or within such further time as may be allowed by the Regional Land Reforms Tribunal for cause shown to its satisfaction, and shall be made in such form, and shall be accompanied by such documents or other evidence and by such fee, as may be prescribed.
(3) Save as expressly provided in this Act, a Regional Land Reforms Tribunal shall not admit an application referred to in sub-section (1) unless it is satisfied that—
(a) it has jurisdiction to adjudicate the application,
(b) the applicant has availed of all remedial measures available to him under the relevant specified Act, and
(c) the remedial measures available under the provisions of the relevant specified Act are not adequate or shall cause undue hardship to the applicant.
(4) A Regional Land Reforms Tribunal may, if it is satisfied after such enquiry as it may deem fit that the requirements under this Act and the rules made thereunder are complied with in relation to the application referred to in sub-section (1), admit such application; but where the Tribunal is not so satisfied, it may reject the application summarily giving reasons therefor.
(5) Where an application under sub-section (1) has been admitted by a Regional Land Reforms Tribunal, it shall decide and dispose of the same as expeditiously as possible and ordinarily within six months from the date of such admission or from the date of receipt of records from the concerned Authority or the State Government, as the case may be.
Application to Regional Land Reforms Tribunal.
157 The West Bengal Land Reforms Tribunal Act, 1991.
[West Ben. Act (Chapter IL—Regional Land Reforms TribunaL—Sections 10, 11.)
(6) While deciding the application under sub-section (5), the Regional Land Reforms Tribunal shall issue such direction or pass such order as it may deem fit.
(7) Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order, whether by way of injunction or stay or in any other manner, shall be made on, or in any proceeding relating to, an application made under sub-section (1) unless—
(a) copies of such application and of all documents in support of the plea for such interim order are duly furnished seven days in advance to each of the parties against whom such application is made or proposed to be made; and
(b) an opportunity of being heard is given to each of the parties against whom such application is made:
Provided that the Regional Land Reforms Tribunal may pass as interim order as an exceptional measure if it is satisfied for reasons to be recorded in writing that it is necessary so to do for preventing any loss being immediately caused to the applicant:
Provided further that if the application referred to in sub-section (1) is not decided and disposed of within a period of six months from the date of the interim order, the interim order shall, if it is not vacated earlier, stand vacated on the expiry of the period as aforesaid unless, for special reasons or in the interest of justice, the interim order is varied, modified or extended by the Regional Land Reforms Tribunal.
Reference of application to Special Land Reforms Tribunal.
Exclusion of jurisdiction of courts.
10. If the Member and the Technical Member are divided in a matter arising out of an application, dispute or case, such application, dispute or case shall be referred to the Special Land Reforms Tribunal for adjudication.
11. Without prejudice to the provisions of section 17, the High Court or any other court except the Supreme Court shall not entertain any proceeding or application, and shall not have any jurisdiction, power or authority in relation to adjudication of disputes and applications, relating to land reforms and any matter connected therewith or incidental thereto.
158 The West Bengal Land Reforms Tribunal Act, 1991.
XII of 1991.]
(Chapter IL—Regional Land Reforms Tribunal.—Section 12.)