Amendment status not verified — confirm the current text below against the official source.
Powers of the Land Board and the Land Tnbunal.-(1) The Land Board and the Land Tribunal constituted under this Act shall have all the powers of a civil court while trying a suit under the C0de of Civ1l Procedure, 1908, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit, (d) issuing commissions for the examination of witnesses or for local investigation; and (e) any other matter which may be prescribed. (2) The Land Board shall have superintendence over all the Land Tribunals, and the Land Board. may- (a) call for returns from the Land Tnbunals; (b) make and issue general rules and' prescribe forms for re- gulating the practice and proceedings of the Land Tribunals; (c) prescnbe forms m which books, entries and accounts shall be kept by the Land Tribunals; and (d) 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 Jts own motion, without such notice, transfer any application or other proceeding pending'before any Land Tnbunal to any other Land Tribunal or retransfer the same for trial or disposal to the Land Tribunal from wh1ch 1t was originally transferred. (3) Where in any proceeding before the Land Tribunal a question arises whether a person IS a small holder or not or whether a person is or is not a tenant, 1t shall be c0mpetent for the Land Tribunal to decide the quest10n. (4) If, for the purposes of sub-clause (b) of clause (44) of section ~. any question attses as to whether any land is m the vicinity or w1thm the boundane~ of the area cultivated with the crops referred to in the satd sub-clause, or whether 1t is reserved and fit for the expan- ·" sion of such cultivation, the question shall be decided by the Land Board, and the decisiOn of the Land Boa1d shall be final. (5) If any question ames as to whether any land 1s princi- pally used for the purposes specified in clause ( 5) of section 2, the question shall be decided by the Land Board, after takmg into account the extent of, the amount mvested m, and the income from, the portion 62 of the land so used and the remaining portion and other relevant rna tters, and the decision of the Land Board shall be final. I 02. Appeals.-( I) Any person aggrieved by the orders of the Land Tribunal under sub-section (2) of section 12, section 22, section 23, section 31, sectiOn 4 7, sub-sectwn (3) or sub-sectiOn ( 4) of section 48, sub-section (3) of sectiOn 49, sub-section (6) of section 52, section 57, sub-section ( 4) of section 66, section 90 01 sectiOn I 06 may appeal agamst such order Within such time as may be piescnbed to the Subor- dinate Judge havmg junsdiction over the area in which the holding or part thereof IS situate. He shall hear the appeal as a persona deszgnata and his decision thereon shall be final, subject to the provisions of sec- tion 103. (2) The Subordinate Judge shall have power to pass interlo- cutory orders or to remand any case to the Land Tribl'nal for recon- sideration in accordance with his directiOns (3) Where thcie has been any modification in appeal from the orders of the Land Tribunal, such orders shall be modified accord- ingly. I 03. Revmon by Hzgh Court.-( I) Any person aggneved by- (z) any final order passed man appeal against the order of the Land Tribunal; or ( zz) any final order passed by the Land Board under this" Act, may, withm such time as may be prescnbed, prefer a petition to the High Court against the order on the ground that the appellate autho- rity or the Land Board, as the case may be, has either decided erro- neously, or failed to decide, any questiOn of law. t2) The High Court may, after giving an opportunity to the parties to be heard, pass such orders as it deem:- fit and the orders of the appellate authonty or the Land Board, a~ the case may be, shall, wherever necessary, be modified accm 3mgly. (3) The High Court may, for the purpose of satisfying itself that an order made by the Land Tribunal under section 26 was accor- ding to law, call for the records and pass such order with respect thereto as it thinks fit.