(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the Land Reforms and Tenancy Tribunal may, at any stage, withdraw such proceeding from one Controller and transfer it for hearing of disposal to a Controller appointed for any other area, or retransfer it for hearing or disposal to the Controller from whom it was withdrawn.
(2) The Controller to whom any proceeding has been transferred under sub-section (1), shall have the same power to hear or dispose of it as the Controller from whom it was withdrawn and may, subject to any special directions in the order of transfer, either rehear it or proceed from the stage at which it was withdrawn and transferred.
Explanation.—In this section, 'proceeding' means any proceeding drawn by a Controller under the provisions of this Act.
Revision by State Government.
Power of District Judge and Chief Judge, Court of Small Causes of Kolkata to withdraw and transfer any proceedings.
15. Nothing in this Act shall apply to— Bar to application
(a) lands belonging to the Central and the State Government; of the Act to certain
(b) any land, vested under any other law in or in the possession lands.
of,—
(i) the Central Government, or
(ii) the State Government, or 299 The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
[West Ben. Act Restriction or exclusion of the Act by agreement.
Power to enter and inspect premises to require information and to summon witnesses.
Penalty.
(Chapter 1V.—Miscellaneous and supplemental provisions.—Sections 16-18.)
(iii) a port authority of a major port, or
(iv) a railway administration, or
(v) a statutory body meant for the development of area like Kolkata Metropolitan Development Authority, Kolkata Municipal Corporation, Howrah Municipal Corporation, Kolkata Improvement Trust, and the Howrah Improvement Trust;
(c) any land which is required for carrying out any of the provisions of the Kolkata Improvement Act, 1911:
Provided that nothing contained in this section shall apply to any land under the control or possession of bank.
Explanation.—For the purposes of this section, a bank is one as defined in section 2(e) of the Reserve Bank of India Act, 1934.
16. Nothing in any contract between a thika tenant and a Bharatia made after the commencement of this Act shall take away, or limit, the rights of such tenant or Bharatia as provided for in this Act, and any contract which is made in contravention of, or which is inconsistent with, any of the provisions of this Act shall be void and without effect to the extent of such contravention or inconsistency, as the case may be.
17. For the purpose of any inquiry under this Act, the Controller and any person deciding an appeal under section 13, may—
(a) enter and inspect any premises at any time between sunrise and sunset; or
(b) authorise any person subordinate to him to enter and inspect any premises between sunrise and sunset; or
(c) require, by written order, any person to produce for his inspection such accounts, rent receipts, books or other documents at such time, and at such place, as may be specified in the order: •
Provided that no premises shall be entered under clause (a) or clause (b) without the consent of the occupier, unless at least twenty-four hours' previous notice in writing has been given.