The West Bengal Land Reforms And Tenancy Tribunal Act, 1997

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXV of 1997 
THE WEST BENGAL LAND REFORMS AND 
TENANCY TRIBUNAL ACT, 1997. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 12th December, 1997.] 
[12th December, 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. (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. 
Short title, 
extent and 
commence-
ment. 
217 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
[West Ben. Act 
Definitions. 
(Chapter L—Preliminary.—Section 2.) 
(3) It shall come into force on such date as the State Government may 
by notification appoint. 
2. 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; 
(1) "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; 
218 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
XXV of 1997.] 
West Ben. 
Act I of 
1954. 
West Ben. 
Act X of 
1956. 
West Ben. 
Act XXXVII 
of 1981. 
West Ben. 
Act XLVII 
of 1975. 
West Ben. 
Act XLIV of 
1979. 
(Chapter L—Preliminary.—Section 3.—Chapter II.— 
• Establishment of Tribunal.—Section 4.) 
(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. 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. 
Act to have 
overriding 
effect. 
CHAPTER II 
Establishment of Tribunal 
4. (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. 
Establish-
ment of 
Tribunal and 
Composition 
and 
functions 
thereof. 
219 
The West Bengal. Land Reforms and Tenancy 
Tribunal Act, 1997. 
[West Ben. Act 
(Chapter IL—Establishment of Tribunal.—Section 4.) 
(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 vacancy occurs in the office of the Chairman by reason 
of death, resignation or otherwise, 
then, the State Government may authorize a Judicial Member to discharge 
the functions of the Chairman under this Act during the period of such 
temporary inability or a Chairman, appointed in accordance with the 
provisions of this Act, enters upon his office, as the case may be. 
(b) The Administrative Member shall be appointed by the 
Governor on the recommendation of a Selection Committee consisting of 
three members, to be constituted by the Governor, of which the Chairman 
shall be a sitting judge of the High Court nominated by the Chief Justice 
and the other two members shall be nominated by the State Government. 
(3) No person shall be qualified for appointment— 
(a) as the Chairman unless he is, or has been, a judge of the High 
Court or has held, for a period of not less than one year, the 
office of a Judicial Member; 
(b) as a Judicial member unless he has been, or is qualified to be, 
a judge of a High Court; 
(c) as an Administrative Member unless he is, or has been, an 
officer of the State Government or the Central Government, 
not below the rank of a Joint Secretary to that Government, 
and has dealt with matters under a specified Act during his 
service under the State Government for a period of not less 
than three years. 
(4) The Chairman shall hold office for a term of five years from the 
date on which he enters upon his office or until he attains the age of 66 
years, whichever is earlier. 
(5) A Judicial Member or Administrative Member shall hold office 
for a term of five years from the date on which he enters upon his office or 
until he attains the age of 62 years, whichever is earlier. 
(6) The Chairman or any other Member shall be eligible for 
reappointment for a term of three years: 
220 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
XXV of 1997.] 
(Chapter IL—Establishment of Tribunal.—Section 4.) 
Provided that the Chairman or such other Member shall not hold office 
as Chairman or other Member after he has attained,— 
(a) in the case of the Chairman, the age of 66 years, or 
(b) in the case of the other Member, the age of 62 years. 
(7) If any member of a constituted service under the State Government 
or the Central Government is appointed to be a Judicial Member or 
Administrative Member, the lien of such Judicial Member or Administrative 
Member in such duly constituted service under the State Government or 
the Central Government, as the case may be, shall, notwithstanding 
anything to the contrary contained in any other law for the time being in 
force, stand terminated. 
(8) The Chairman or a Judicial Member or Administrative Member 
shall not be removed by the Governor from his office, except on the ground 
of proved misbehaviour or incapacity and except after an inquiry made by 
the Chief Justice or by a sitting judge of the High Court to be nominated 
by the Chief Justice in which such Chairman or Judicial Member or 
Administrative Member, as the case may be, has been informed of the 
charges against him and has been given a reasonable opportunity of 
defending himself in respect of the charges: 
Provided that the State Government may, by rules, regulate the 
procedure for the inquiry as aforesaid. 
(9) On ceasing to hold office, the Chairman or the Judicial Member or 
the Administrative Member, as the case may be, shall be ineligible— 
(a) for further employment under the State Government, and 
(b) to appear or to plead before the Tribunal: 
Provided that aJudicial Member shall be eligible to be appointed as the 
Chairman in accordance with the provisions of this Act. 
(10) The salaries and allowances payable to, and the other terms and 
conditions of service of, the Chairman and the other Members shall be such 
as may be prescribed: 
Provided that the salary and allowances and the other terms and 
conditions of service of the Chairman or any other Member shall not be 
varied to his disadvantage. 
(11) The State Government shall, in consultation with the Chairman, 
determine the categories of officers and other employees required to assist 
the Tribunal in the discharge of its functions, and shall provide the Tribunal 
with such officers and other employees. The method of recruitment, the 
salaries and allowances, and the conditions of service of the officers and 
other employees of the Tribunal shall be such as may be prescribed. 
221 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
[West Ben. Act 
Power to 
make 
regulations. 
Jurisdiction, 
power and 
authority of 
Tribunal. 
(Chapter IL—Establishment of Tribunal.—Sections 5, 6.) 
(12) The Chairman shall exercise financial and administrative powers 
for the functioning of the Tribunal and may delegate all or any of such 
powers to an officer of the Tribunal in accordance with the rules made 
under this Act. 
(13) The Tribunal shall exercise jurisdiction, power and authority and 
perform functions conferred or imposed on it by or under this Act by one 
or more Benches, each Bench consisting of such number of Judicial 
Member and Administrative Member as may be determined by the 
Chairman: 
Provided that each such Bench shall consist of at least one Judicial 
Member and one Administrative Member: 
Provided further that if the Judicial Member and the Administrative 
Member of a Bench are divided in their opinion on any matter, such matter 
shall be referred to a Bench which shall consist of one Administrative 
Member and two Judicial Members of whom the Chairman shall be one: 
Provided also that in the case of difference of opinion between two or 
more Benches, the State Government shall constitute a larger Bench 
consisting of such number of Members as the Government may think fit. 
Explanation.—For the purposes of this sub-section, Judicial Member 
shall include the Chairman. 
5. 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. 
6. 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) an order in original made by an Authority under a specified 
Act; 
(b) an application complaining in action 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. 
222 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
XXV of 1997.] 
(Chapter 11.—Establishment of Tribunal.—Sections 7-9.) 
(d) adjudication of disputes and applications relating to matters 
under any provision of a specified Act involving interpretation 
of any provision of the Constitution or of validity of a 
specified Act or of any other law for the time being in force; 
(e) adjudication of matters, proceedings, cases and appeals which 
stand transferred from the High Court and other Authorities 
to the Tribunal in accordance with the provisions of this Act. 
7. 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 provision of a specified Act. 
8. 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. 
Exercise by 
Tribunal of 
Jurisdiction 
power and 
authority 
exercisable 
by court. 
Exclusion of 
jurisdiction 
of courts. 
9. (1) All matters, proceedings, cases and appeals relating to land Transfer of 
reforms and matters connected therewith or incidental thereto and other case reco rds
from High 
matters arising out of a specified Act pending before the High Court, 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 
223 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
[West Ben. Act 
Application 
to Tribunal. 
(Chapter 11.—Establishment of Tribunal.—Section 10.) 
(b) the Tribunal shall, on receipt of such records, proceed to 
dispose of such matter, proceeding, case or appeal so far as 
may be, from the stage reached before such transfer or from 
any earlier stage of de novo as it may deem fit: 
Provided that any interim order granted in a matter, 
proceeding or case by the High Court shall stand vacated on 
the expiry of twelve weeks from the date appointed by the 
State Government under section 6 unless the Tribunal by an 
order varies, modifies or extends the same earlier on an 
examination of the records of such matter, proceeding or 
case. 
(3) (a) All proceedings pending before the Mines Tribunal appointed 
under section 36 of the West Bengal Estates Acquisition Act, 1953, on the 
date appointed by the State Government under section 6 of this Act, shall 
stand transferred to the Tribunal for disposal. 
(b) Upon such transfer, the records of such proceedings shall be 
forwarded to the Tribunal in accordance with such procedure as may be 
prescribed. 
10. (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 availed of all remedial measures available 
to him under the relevant specified Act, and 
(b) the remedial measures available under the provisions of the 
relevant specified Act are not adequate or shall cause undue 
hardship to the applicant. 
(4) The Tribunal may, if it is satisfied after such enquiry as it may 
deem fit that 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. 
West Ben. 
Act I of 
1954. 
224 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
XXV of 1997.] 
(Chapter IL—Establishment of Tribunal.—Sections 11, 12.) 
(5) Where an application under sub-section (1) has been admitted by 
the Tribunal, it shall decide and dispose of such application 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. 
(6) While deciding the application under sub-section (5), the 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 is proposed to be made; 
(b) an opportunity of being heard is given to each of the parties 
against whom such application is made: 
Provided that the Tribunal may pass an 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 Tribunal. 
11. 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. 
12. 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. 
Appeal to lie 
to Division 
Bench of 
High Court. 
Reference to 
High Court 
to be 
deemed to 
be reference 
to Tribunal. 
225 
13. 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. 
14. All proceedings before the Tribunal shall be deemed to be judicial 
proceedings within the meaning of sections 193, 219 and 228 of the Indian 45 of 1860. 
Penal Code. 
15. 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 70 of 1971. 
of Courts Act, 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. 
Execution of 
order passed 
by Tribunal. 
Proceedings 
to be 
deemed to 
be judicial 
proceedings. 
Power to 
punish for 
contempt of 
Tribunal. 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
[West Ben. Act 
(Chapter 111.—Miscellaneous.—Sections 13-16.) 
CHAPTER III 
Miscellaneous 
Power of 
Tribunal to 
take 
evidence on 
oath etc. 
16. 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, 5 of 1908. 
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 fordefault or deciding 
it ex parte; 
(f) setting aside any order of dismissal of any application or 
proceeding for default or any order passed by the Tribunal ex 
parte; 
(g) such matters as may be prescribed. 
226 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
XXV of 1997.] 
(Chapter III.—Miscellaneous.—Sections 17-20.) 
17. (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. 
18. 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 
45 of 1860. 	 meaning of section 21 of the Indian Penal Code. 
19. 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 or intended to be done under this Act 
or the rules or the regulations made thereunder. 
Appearance 
before 
Tribunal in 
any 
proceeding. 
Chairman, 
Judicial 
Members, 
Administra-
tive 
Members, 
officers and 
other 
employees, 
etc. of 
Tribunal to 
be deemed 
to be public 
servants. 
Protection of 
action taken 
in good 
faith. 
20. (1) The State Government may by notification make rules for Powr to 
carrying out the purposes of this Act. 	 make rules.  
(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; 
227 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
[West Ben. Act 
(Chapter III.—Miscellaneous.—Sections 21, 22.) 
(d) the method of recruitment, the salaries and allowances, and 
the conditions of service of officers and other employees of 
the Tribunal referred to in sub-section (11) of section 4; 
(e) the delagation of financial and administrative powers by the 
Tribunal referred to in sub-section (12) of section 4; 
(t) the form and fee referred to in sub-section (2) of section 10; 
(g) the manner of execution of order by the Tribunal referred to 
in section 13; 
(h) the matters referred to in clause (g) of section 16; 
(i) any other matter which may be, or is required to be, 
prescribed. 
(3) Every rule made under this section shall be laid, as soon as may be 
after it is made, before the State Legislature, while it is in session, for a total 
period of thirty days which may be comprised in one session or in two or 
more successive sessions, and if, beforethe expiry of thesession immediately 
following the session or the successive sessions aforesaid, the State 
Legislature agrees in making any modification in the rule or the State 
Legislature agrees that the rule should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may 
be; so, however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that rule. 
Power to 
remove 
difficulty. 
Appeal or 
application 
to lie to 
Tribunal. 
21. (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. 
22. 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: 
228 
The West Bengal Land Reforms and Tenancy 
Tribunal Act, 1997. 
XXV of 1997.) 
(Chapter III.—Miscellaneous.—Sections 23-25.) 
Provided that the right of such appeal or application against such order 
subsists on the date immediately preceding the date appointed under 
section 6. 
23. The Tribunal may, at any stage of a proceeding or trial under this Appoint- 
Act, appoint any officer of the State Government to ascertain facts in ment of 
officers of 
regard to all or any of the following matters:— 	 State 
Government 
(1) area or boundary of a land; 	 by Tribunal 
to ascertain 
(2) character and classification of a land; 	 facts in
regard to 
certain (3) crop grown on a land; 	 matters. 
(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; 
(10) person or persons enjoying the usufruct of a land; 
(11) number of members of a family in relation to a raiyat as 
defined in a specified Act; 
(12) such other matter as the Tribunal may deem fit. 
West Ben. 
Act XII of 
1991. 
24. Every fact ascertained under section 23 in a proceeding or trial Facts to be 
evidence in, shall be evidence in, and shall form part of the record of, such proceeding and to form 
or trial. 	 part of 
record of, 
proceeding 
or trial. 
25. The West Bengal Land Reforms Tribunal Act, 1991, is hereby Repeal. 
repealed. 
    
229 

‹ Prev All West Bengal acts Next ›