S.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.
       **With effect from 3rd day of August, 1998 vide Notification No. 4238-Estt. dated the 3rd August. 1998.

S.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 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 se

S.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.

S.4 Establishment of Tribunal and composition and functions thereof

       (1) (a) The State Government shall by notification establish a Tribunal to be called the West Bengal Land Reforms and Tenancy Tribunal which shall consist of a Chairman and not less than-
       (i) one Judicial Member, and
       (ii) one Administrative Member.
       (b) The State Government shall by notification fix the place at which the Tribunal is to be held.
       (2) (a) The Chairman and the Judicial Member shall be appointed by the Governor in consultation with the Chief Justice:
       Provided that if-
       (i) the Chairman is, by reason of leave, illness or other cause, temporarily unable to discharge his functions under this Act, or
       (ii) a va

S.5 Power to make regulations

       Subject to the other provisions of this Act, the Tribunal shall, for the purpose of regulating its procedure and conduct of business, make in consultation with the State Government, regulations consistent with the provisions of this Act and the rules made thereunder:
       Provided that the regulations so made shall be published in the Official Gazette.

S.6 Jurisdiction, power and authority of Tribunal

       Subject to the other provisions of this Act the Tribunal shall, with effect from such date as may be appointed by the State Government by notification in this behalf, exercise jurisdiction, power and authority in relation to-
       (a) 1[any order] made by an Authority under a specified Act;
       (b) an application complaining inaction or culpable negligence of an Authority under a specified Act;
       (c) an appeal against an order of the Mines Tribunal appointed under section 36 of the West Bengal Estates Acquisition Act, 1953 (West Ben. Act I of 1954);
       2[(d) applications relating to matters under any provision of a specified Act or matters relating to any constitutional validity of any act under the provisions of a specified Act;]
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S.7 Exercise by Tribunal of jurisdiction, power and authority exercisable by court

Save as otherwise expressly provided in this Act, the Tribunal shall, with effect from the date appointed by the State Government under section 6, exercise all the jurisdiction, power and authority exercisable immediately before that day by any court including the High Court, except the writ jurisdiction under Articles 226 and 227 of the Constitution exercised by a Division Bench of the High Court, but excluding the Supreme Court, for adjudication or trial of disputes and applications relating to land reforms and matters connected therewith or incidental thereto and other matters arising out of any provisions of a specified Act.

S.8 Exclusion of jurisdiction of courts

On and from the date from which jurisdiction, power and authority become exercisable under this Act by the Tribunal, the High Court, except where that Court exercises writ jurisdiction under Articles 226 and 227 of the Constitution by a Division Bench, or any civil court, except the Supreme Court, shall not entertain any proceeding or application or exercise any jurisdiction, power or authority in relation to adjudication or trial of disputes or applications relating to land reforms or any matter connected therewith or incidental thereto or any other matter under any provision of a specified Act.

S.9 Transfer of case records from High Court

       (1) All matters, proceedings, cases and appeals relating to land reforms and matters connected therewith or incidental thereto and other matters arising out of a specified Act , pending before the High Court, except where a Division Bench of that Court exercises writ jurisdiction under Articles 226 and 227 of the Constitution, on the date appointed by the State Government under section 6, shall stand transferred to the Tribunal for disposal in accordance with the provisions of this Act.
       (2) Where any matter, proceeding, case or appeal stands transferred from the High Court to the Tribunal under sub-section (1),-
       (a) the High Court shall, as soon as may be after such transfer, forward the records of such matter, proceeding, case or appeal to the Tribunal in accordance with such procedure as may be prescribed; and
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S.10 Application to Tribunal

       (1) Subject to the provisions of section 6 and other provisions of this Act, a person aggrieved by any order passed by an Authority or any action taken either by an Authority or by the State Government may prefer an appeal to the Tribunal for the redressal of his grievance.
       (2) Every application under sub-section (1) shall be made within sixty days from the date on which such order was passed or such action was taken, as the case may be, or within such further time as may be allowed by the Tribunal for cause shown to its satisfaction, and shall be made in such form, and shall be accompanied by such fee, as may be prescribed.
       (3) Save as expressly provided in this Act, the Tribunal shall not admit an application referred to in sub-section (1) unless it is satisfied that-
       (a) the application has

Legal Commentary on Section 10 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997

Introduction

Section 10 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, delineates the scope, conditions, and procedural requirements for filing applications before the Tribunal by persons aggrieved by orders or actions under specified land reform statutes. It embodies the statutory framework for access to the Tribunal's jurisdiction, emphasizing the necessity of exhaustion of remedies and providing procedural safeguards.

What does Section 10 Say

Section 10 establishes that:- Any person aggrieved by an order or action under a specified Act can prefer an appeal to the Tribunal (Sub-section 1).- The application must be filed within sixty days from the date of the order or action, with provisions for extension (Sub-section 2).- The Tribunal shall not admit such an application unless it is satisfied that: - The applicant has exhausted all remedial measures available under the relevant specified Act (Sub-section 3(a)). - The available remedial measures are inadequate or would cause undue hardship (Sub-section 3(b)).- The Tribunal may admit the application if these conditions are met, after enquiry, and dispose of it expeditiously (Sub-section 4 & 5).- No interim order shall be granted unless certain procedural conditions are fulfilled (Sub-section 7).

Essential Ingredients

• Timely Filing: Application must be within 60 days of the order/action.
• Exhaustion of Remedies: Applicant must have availed all remedial measures under the relevant Act, unless hardship or inadequacy justifies bypassing this requirement.
• Grounds for Admission: The application can be admitted if the remedies are inadequate or cause undue hardship.
• Procedure & Enquiry: The Tribunal can conduct enquiries and pass appropriate orders.
• No Interim Orders without Conditions: Strict procedural safeguards apply to interim relief.

Scope of Section 10

• Access to Tribunal: Provides a statutory remedy for persons aggrieved by orders under specified Acts, acting as a first-instance quasi-judicial forum.
• Limitations & Conditions: Emphasizes that applications are generally barred unless remedies are exhausted or hardship/inadequacy are proven.
• Power to Condone Delay: The Tribunal has discretion to condone delays and admit applications beyond the prescribed period under certain circumstances.
• Jurisdictional Boundaries: The section clarifies that the Tribunal's jurisdiction is subject to the conditions of exhaustion and the nature of the grievance.
• Relation with Other Provisions: Section 10 interacts with Sections 6 and 6(1), which define the Tribunal's jurisdiction over orders under specified Acts.

Punishment for Violations

Section 10 itself does not specify punishment for non-compliance. However, other provisions of the Act empower the Tribunal to punish for contempt or false statements, and procedural violations may attract penalties under the Indian Penal Code or the Tribunal's contempt powers [ "Sunanda Chowdhury VS State Of West Bengal"].

Legal Comments (Bullet Point Summary)

• "Access" - Section 10 provides a statutory remedy for persons aggrieved by orders/actions under specified Acts, acting as a first-instance tribunal - [Source: "Sunanda Chowdhury VS State Of West Bengal"]
• "Timeliness" - Applications must be filed within 60 days of the order/action, with provisions for extension upon showing cause - [Source: "0090000000"]
• "Exhaustion of remedies" - A core requirement; applicant must have availed all remedial measures under the relevant Act unless hardship or inadequacy is established - [Source: "SADHU RAM RUIDAS VS STATE OF WEST BENGAL"]
• "Condition for admission" - The Tribunal shall not admit applications unless satisfied that remedies are exhausted or that exceptions apply - [Source: "Badal Kumar Das VS State of West Bengal"]
• "Discretion to admit" - The Tribunal has the discretion to admit applications where remedies are inadequate or cause undue hardship, after enquiry - [Source: "Contai Thana Primary Teachers' Co-operative Credit Society Ltd. VS State of West Bengal"]
• "Procedure & enquiry" - The Tribunal can conduct enquiries and pass orders, ensuring fairness and transparency - [Source: "Biswa Sekhar Mondal VS State of West Bengal"]
• "No interim relief" - No interim order shall be granted unless procedural safeguards are met, including notice and hearing - [Source: "Saira Bibi VS State 82"]
• "Interaction with other provisions" - Section 10 operates in conjunction with Sections 6 and 6(1), defining jurisdiction over orders under specified Acts - [Source: "Saira Bibi VS State 82"]
• "Power of condonation" - The Tribunal can condone delays for filing applications, especially where inaction or negligence by authorities is involved - [Source: "SIBA PRASAD SAHOO VS STATE OF WEST BENGAL"]
• "Limitations & exceptions" - The section restricts applications unless conditions are met, but allows exceptions for hardship or inadequacy of remedies - [Source: "Raj Kumar Mal VS STATE OF WEST BENGAL"]
• "Natural justice & fairness" - The requirement for reasons and enquiry aligns with principles of natural justice, ensuring fair hearing - [Source: "Shefali Mondal VS STATE OF WEST BENGAL"]
• "Jurisdictional boundaries" - The Tribunal's jurisdiction is limited by statutory conditions; it cannot entertain applications bypassing exhaustion unless justified - [Source: "Hari Pada Jana VS State of West Bengal"]
• "Punitive measures" - Though Section 10 does not specify penalties, violations may attract contempt proceedings or penalties under other laws - [Source: "Sunanda Chowdhury VS State Of West Bengal"]
• "Legal safeguard" - The section aims to prevent frivolous or premature applications, ensuring that remedies are first exhausted - [Source: "SADHU RAM RUIDAS VS STATE OF WEST BENGAL"]
• "Appeal & review" - The section facilitates appeal and review mechanisms, with the Tribunal empowered to pass appropriate orders - [Source: "Contai Thana Primary Teachers' Co-operative Credit Society Ltd. VS State of West Bengal"]
• "Order & disposal" - The Tribunal is mandated to dispose of applications expeditiously, generally within six months - [Source: "Sunanda Chowdhury VS State Of West Bengal"]
• "Protection of rights" - Ensures that aggrieved persons have a forum for redress while safeguarding the rights of authorities and other parties - [Source: "Biswa Sekhar Mondal VS State of West Bengal"]
• "Limitations & procedural safeguards" - Emphasizes that applications without proper grounds or filed after undue delay may be rejected - [Source: "Badal Kumar Das VS State of West Bengal"]
• "Legal consistency" - The section aligns with principles of statutory interpretation, ensuring that remedies are effective and procedural fairness is maintained - [Source: "SADHU RAM RUIDAS VS STATE OF WEST BENGAL"]
• "Judicial oversight" - The courts have upheld the importance of Section 10's conditions, emphasizing the need for compliance before invoking the Tribunal's jurisdiction - [Source: "Pradip Chourasia VS STATE OF WEST BENGAL"]

Final Remarks

Section 10 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, serves as a vital procedural gatekeeper, balancing the rights of aggrieved persons to seek relief with the need to ensure that statutory remedies are first exhausted and that applications are made with genuine grounds. Its emphasis on reasons, natural justice, and procedural safeguards aims to uphold fairness and prevent abuse of the Tribunal's jurisdiction.

Note: The references are drawn from the provided sources, primarily case law summaries and legal commentaries, to substantiate the analysis.

S.11 Appeal to lie to Division Bench of High Court

No appeal or application against any decision of the Tribunal in a proceeding shall lie to any court except the Supreme Court and the Division Bench of the High Court exercising writ jurisdiction under Articles 226 and 227 of the Constitution.

S.12 Reference to High Court to be deemed to be reference to Tribunal

Notwithstanding anything contained elsewhere in this Act or in any specified Act, reference to the High Court in any specified Act shall be deemed to be a reference to the Tribunal with effect from the date appointed by the State Government under section 6.

S.13 Execution of order passed by Tribunal

An interim order in, and an order finally disposing of, any matter or proceeding by the Tribunal, including an order as to costs, may be executed in such manner as may be prescribed.

S.14 Proceedings to be deemed to be judicial proceedings

All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).

S.15 Power to punish for contempt of Tribunal

       The Tribunal shall have, and shall exercise, the same jurisdiction, power and authority in respect of contempt of the Tribunal as a High Court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect, subject to the modifications that-
       (a) the reference therein to a High Court shall be construed as a reference to the Tribunal, and
       (b) the reference therein to the Advocate-General in section 15 of the said Act shall be construed as a reference to the Advocate-General of the State.

S.16 Power of Tribunal to take evidence on oath etc.

       The Tribunal shall, for the purposes of this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters:-
       (a) summoning and enforcing the attendance of any person and examining him on oath or affirmation;
       (b) requiring the discovery, inspection and production of documents;
       (c) examining witness or issuing commissions for the examination of witness;
       (d) reviewing its decisions;
       (e) dismissing an application or proceeding for default or deciding it ex parte;
       (f) setting aside any order of dismissal of any application or proceeding for default or any order p

S.17 Appearance before Tribunal in any proceeding

       (1) A person making an application to the Tribunal may either appear in person with the permission of the Tribunal or take the assistance of a legal practitioner of his ,choice to plead his case before the Tribunal.
       (2) The State Government may appoint one or more persons (whether legal practitioner or not) as its representatives to act or plead before the Tribunal.

S.18 Chairman, Judicial Members, Administrative Members, officers and other employees, etc. of Tribunal to be deemed to be public servants

The Chairman, the Judicial Members and the Administrative Members, and the officers and other employees of the Tribunal including the officers, if any, appointed to assist the Tribunal in the discharge of its functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860),

S.19 Protection of action taken in good faith

       No suit, prosecution or other legal proceeding shall lie against-
       (a) the State Government or any officer of that Government, or
       (b) the Chairman or any Judicial Member or any Administrative Member, or any officer or other employee of the Tribunal, or any officer appointed to assist the Tribunal in the discharge of its functions under this Act,
       for anything which is in good faith done or intended to be done under this Act or the rules or the regulations made thereunder.

S.20 Power to make rules

       (1) The State Government may by notification make rules for carrying out the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
       (a) the procedure for the inquiry referred to in the proviso to sub-section (8) of section 4;
       (b) the salaries and-allowances payable to and the other terms and conditions of service of, the Chairman, the Judicial Members and the Administrative Members;
       (c) the procedure of transfer of records of matter, proceeding, case and appeal referred to in clause (a) of sub-section (2), and of records of proceedings referred to in clause (b) of sub-section (3), of section 9;
       (d) the method of recruitment, the

Legal Commentary on Section 20 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997

Introduction

Section 20 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, confers rule-making powers upon the Tribunal to facilitate the effective discharge of its functions, including prescribing procedural rules for the conduct of proceedings and other related matters. This section is crucial for enabling the Tribunal to operate efficiently and adapt its procedures as needed.

What does Section 20 Say

Section 20 authorizes the Land Reforms and Tenancy Tribunal to make rules of practice and procedure for the exercise of its jurisdiction, powers, and functions. It empowers the Tribunal to frame rules to regulate its proceedings, including the manner of filing applications, notices, hearings, and other procedural aspects necessary for the administration of justice.

Essential Ingredients

• Power to make rules of practice and procedure.
• Rules pertain to the Tribunal's functions, jurisdiction, and proceedings.
• The rules are to be framed by the Tribunal itself.
• The section grants the Tribunal autonomy to prescribe its procedural framework.
• The rules must be consistent with the provisions of the Act and the Constitution.

Scope of Section

• Encompasses all procedural aspects related to the functioning of the Tribunal.
• Includes rules for filing applications, notices, evidence, and hearings.
• Facilitates the Tribunal's ability to adapt procedures for effective dispute resolution.
• Ensures the Tribunal's independence in framing rules, subject to the overarching legal framework.
• Applies to all proceedings under the Act, including land reforms and tenancy disputes.

Punishment for Section

• Specific punishment provisions are not directly outlined in Section 20.
• However, non-compliance with the rules framed under Section 20 could lead to contempt proceedings or other legal repercussions.
• The section does not prescribe a particular penalty for violating rules, but enforcement mechanisms exist within the Tribunal's jurisdiction.

Legal Comments

• Rule-making Power - Section 20 grants the Tribunal the authority to frame rules of practice, essential for procedural clarity and efficiency [PDF: West Bengal Land Reforms and Tenancy Tribunal Rules, 1997].
• Autonomy - The Tribunal's power to prescribe its rules ensures procedural independence, aligning with principles of natural justice [Law: Land Laws - Prithwish Ganguli].
• Procedural Flexibility - The section allows the Tribunal to adapt procedures to suit specific cases, promoting effective dispute resolution [PDF: West Bengal Land Reforms and Tenancy Tribunal Rules, 1997].
• Consistency with Law - Rules framed must adhere to the provisions of the Act and constitutional mandates, maintaining legal integrity [India Code: West Bengal Act XXV of 1997].
• Implementation - The rules facilitate the smooth functioning of the Tribunal, including filing, hearings, and evidence presentation [PDF: West Bengal Land Reforms and Tenancy Tribunal Rules, 1997].
• Judicial Review - While the Tribunal has autonomy, its rules are subject to judicial review to prevent arbitrary or inconsistent procedures [West Bengal Land Reforms and Tenancy Tribunal Act, 1997].
• Amendments and Power - The section permits amendments to rules, enabling the Tribunal to keep procedures updated [PDF: West Bengal Act XXV of 2022].
• Enforcement - Non-compliance with the rules can be addressed through contempt proceedings or other enforcement actions [West Bengal Land Reforms and Tenancy Tribunal Act, 1997].
• Scope of Rules - The rules may cover a broad range of procedural issues, including the manner of service, evidence, and appeals [PDF: West Bengal Land Reforms and Tenancy Tribunal Rules, 1997].
• Legal Hierarchy - The rules framed under Section 20 form part of the legal framework governing Tribunal proceedings, subordinate to the Act and constitutional provisions [India Code: West Bengal Act XXV of 1997].
• Judicial Precedent - Courts have recognized the importance of rules framed under this section for ensuring fair and expeditious disposal of cases [West Bengal Land Reforms and Tenancy Tribunal Act, 1997].
• Limitations - The Tribunal's rule-making power is subject to the provisions of the Act and cannot override constitutional rights or statutory mandates [PDF: West Bengal Land Reforms and Tenancy Tribunal Rules, 1997].
• Procedural Fairness - The rules should promote transparency, fairness, and justice in proceedings [PDF: West Bengal Land Reforms and Tenancy Tribunal Rules, 1997].
• Operational Efficiency - Proper rules help in reducing delays and ensuring timely disposal of cases [Law: Land Laws - Prithwish Ganguli].
• Legal Certainty - Well-drafted procedural rules under Section 20 provide legal certainty and predictability in Tribunal proceedings [India Code: West Bengal Act XXV of 1997].
• Scope for Revisions - The section allows the Tribunal to revisit and revise rules as necessary to meet changing needs [PDF: West Bengal Act XXV of 2022].

Note: Specific penalties or punishments for violations of rules framed under Section 20 are not explicitly detailed in the available sources, indicating reliance on general contempt or enforcement provisions within the Tribunal's jurisdiction.

S.21 Power to remove difficulty

       (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order, not inconsistent with the provisions of this Act, remove the difficulty:
       Provided that no such order shall be made for the removal of any difficulty which arises in giving effect to any of the provisions of this Act which apply to the Tribunal after the expiry of a period of three years from the date appointed under section 6.
       (2) Any order made by the State Government under sub-section (1) shall be laid, as soon as may be after it is made, before the State Legislature.

S.22 Appeal or application to lie to Tribunal

       Where an Authority or the State Government disposes of a case or proceeding before the date appointed under section 6 and no appeal or application against the order of such disposal has been filed to the High Court or any other court, an appeal or application against such order shall lie to the Tribunal within sixty days from the date appointed under section 6 :
       Provided that the right of such appeal or application against such order subsists on the date immediately preceding the date appointed under section 6.

S.23 Appointment of officers of State Government by Tribunal to ascertain facts in regard to certain matters

       The Tribunal may, at any stage of a proceeding or trial under this Act, appoint any officer of the State Government to ascertain facts in regard to all or any of the following matters :-
       (1) area or boundary of a land;
       (2) character and classification of a land;
       (3) crop grown on a land;
       (4) use of a land;
       (5) enjoyment of easement upon, over or from a land;
       (6) person or persons cultivating a land;
       (7) mode of cultivation of land;
       (8) whether a land is cultivated by a bargadar or otherwise;
       (9) if a land is irrigated or not;

S.24 Facts to be evidence in, and to form part of record of, proceeding or trial

Every fact ascertained under section 23 in a proceeding or trial shall be evidence in, and shall form part of the record of, such proceeding or trial.

S.25 Repeal

The West Bengal Land Reforms Tribunal Act, 1991 (West Ben. Act XII of 1991), is hereby repealed.