West Bengal Land Reforms Tribunal Act, 1991

No: 12 Dated: Dec, 11 1991

THE WEST BENGAL LAND REFORMS TRIBUNAL ACT, 1991

West Bengal Act XII of 1991

    An Act to provide for the setting up of Regional Land Reforms Tribunals and a Special Land Reforms Tribunal in pursuance of article 323B of the CONSTITUTION OF INDIA 1949 and for the adjudication and trial by such Tribunals of disputes and applications with respect to the matters relating to land reforms and for matters connected therewith or incidental thereto.

    WHEREAS it is expedient to provide for the setting up of Regional Land Reforms Tribunals and a Special Land Reforms Tribunal and for the adjudication and trial by such Tribunals of disputes and applications with respect to land reforms and for the exclusion of the jurisdiction of all courts except the Supreme Court of India in adjudication and trial of such disputes and applications and for matters connected therewith orincidental thereto;

    It is hereby enacted in the Forty-second 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 Tribunal Act, 1991.

(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 Special Land Reforms Tribunal who is not a Judicial Member;

(b) "Assessor" means a person appointed as such under section 26;

(c) "Authority" means an officer or authority or functionary, as the case may be, appointed by the State Government under any specified Act to exercise the powers or discharge the functions under that Act, and includes any other officer or authority or functionary exercising the powers or discharging the functions under that Act;

(d) "Chief Justice" means the Chief Justice of the High Court at Calcutta;

(e) "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;

(f) "Constitution" means the Constitution of India;

(g) "district" means a district within the meaning of section 7 of the CODE OF CRIMINAL PROCEDURE, 1973;

(h) "District Judge" means the judge of a principal civil court in a district and includes the Chief Judge of the City Civil Court;

(i) "estate" means the holding of land of any description or classification of a raiyat or an intermediary or any other person under any specified Act;

(j) "Governor" means the Governor of the State of West Bengal;

(k) "High Court" means the High Court at Calcutta; 

(l) "Judicial Member" means a member of the Special Land Reforms Tribunal appointed as such under clause (a) of subsection (2) of section 15;

(m) "land reforms" means—

(i) the imposition of ceiling on holding of land of any description or classification, including imposition of ceiling on urban property, of a raiyat or an intermediary or any other person under a specified Act;

(ii) the acquisition by the State of any estate or part thereof or of any rights and interests therein or the extinguishment or modification of any such rights in accordance with the provisions of any specified Act;

(iii) the acquisition of homestead land under a specified Act for weaker sections of the community;

(iv) the settlement or utilisation by the State of any land vested in it or acquired by it under any specified Act for proper distribution and use to subserve the common good;

(v) the restrictions on alienation of land by Scheduled Tribes to protect their rights and interests in land in accordance with the provisions of any specified Act;

(vi) the protection of rights and interests of bargadars in land in accordance with the provisions of any specified Act;

(vii) the reforms of land tenure in accordance with the provisions of any specified Act;

(viii) the regulation of use of land in accordance with the provisions of any specified Act to subserve the common good;

(ix) the rationalisation of land revenue in accordance with the provisions of any specified Act;

(x) the preparation and revision of record-of-rights in land under any specified Act to carry out land reforms within the meaning of sub-clauses (i) to (ix);

(xi) any other matter connected with, or incidental to, land reforms within the meaning of clauses (i) to (x);

(n) "Member" means a member of a Regional Land Reforms Tribunal who is not a Technical Member;

(o) "notification" means a notification published in the Official Gazette;

(p) "person" includes any individual, raiyat, family, association, corporation, institution, society, trust, company, farm, cooperative society, lessee of a tea garden or lessee or owner of a mill, factory or workshop or any place for live-stock breeding or dairy fanning;

(q) "prescribed" means prescribed by rules made under this Act;

(r) "Regional Land Reforms Tribunal" means a Regional Land Reforms Tribunal established under section 4;

(s) "rules" means the rules made under this Act;

(t) "Special Land Reforms Tribunal" means the Special Land Reforms Tribunal established under section 15;