West Bengal Land Reforms and Tenancy Tribunal Act, 1997
No: 25 Dated: Dec, 12 1997
THE WEST BENGAL LAND REFORMS AND TENANCY TRIBUNAL ACT, 1997
West Bengal Act XXV of 1997
An Act to provide for the setting up of a Land Reforms and Tenancy Tribunal in pursuance of article 323B of the Constitution of India and for the adjudication and trial by such Tribunal of disputes, claims, objections and applications relating to, or arising out of land reforms or tenancy in land and other matters under a specified Act and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the setting up of a Land Reforms and Tenancy Tribunal and for adjudication and trial by such Tribunal of disputes, claims, objections and applications relating to, or arising out of, land reforms or tenancy in land and other matters under a specified Act and for the exclusion of the jurisdiction of all courts except a Division Bench of the High Court exercising writ jurisdiction under articles 226 and 227 of the Constitution of India and the Supreme Court of India in adjudication and trial of such disputes, claims, objections and applications and for matters connected therewith or incidental thereto;
It is hereby enacted in the Forty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:—
CHAPTER I
Preliminary
1. Short title, extent and commencement:- (1) This Act may be called the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may by notification appoint.
2. Definitions:- In this Act, unless there is anything repugnant in the subject or context,—
(a) "Administrative Member" means a member of the Tribunal appointed as such under clause (b) of sub-section (2) of section 4;
(b) "Authority" means an officer or authority or functionary exercising powers or discharging functions as such under a specified Act;
(c) "Bench" means a Bench of the Tribunal;
(d) "Chairman" means the Chairman of the Tribunal;
(e) "Chief Justice" means the Chief Justice of the High Court at Calcutta;
(f) "constituted service" means a service consisting of a cadre.
Explanation.—"Cadre" shall mean the strength of a service or a part of a service sanctioned as a separate unit;
(g) "Constitution" means the Constitution of India;
(h) "estate" means the holding of land of any description or classification of a raiyat or intermediary or other person under a specified Act;
(i) "Governor" means the Governor of the State of West Bengal;
(j) "High Court" means the High Court at Calcutta;
(k) "Judicial Member" means a member of the Tribunal appointed as such under clause (a) of sub-section (2) of section 4;
(l) "land reforms" means a right, title, possession, or interest in any estate or incidence therein, and includes a dispute, claim, objection or application relating to, or concerning, any estate;
(m) "Member" means a member of the Tribunal, and includes the Chairman;
(n) "notification" means a notification published in the Official Gazette;
(o) "person" includes an individual, family, raiyat, firm, company, institution, or association or body of individuals, whether incorporated or not, trust, co-operative society, or lessee under the State Government;
(p) "prescribed" means prescribed by rules made under this Act;
(q) "rules" means the rules made under this Act;
(r) "specified Act" means—
(i) the West Bengal Estates Acquisition Act, 1953; or
(ii) the West Bengal Land Reforms Act, 1955; or
(iii) the Calcutta Thika Tenancy (Acquisition And Regulation) Act, 1981; or
(iv) the West Bengal Acquisition Of Homestead Land For Agricultural Labourers, Artisans And Fishermen Act, 1975; or
(v) the West Bengal Land Holding Revenue Act, 1979
(s) "State" means the State of West Bengal;
(t) "Supreme Court" means the Supreme Court of India;
(u) "Tribunal" means the West Bengal Land Reforms and Tenancy Tribunal established under clause (a) of sub-section (1) of section 4.
3. Act to have overriding effect:- The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any custom or usage or in any contract, express or implied.