Section 11 in West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
11. Powers of Controller.
-[(1)] [Original section 11 renumbered as sub-section. (1) of that section by section 9 of the West Bengal thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Ben, Act No. 25 of 2010) (with effect from 1.12.2010).] The Controller and any person deciding any appeal from his order shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters :(a)summoning and enforcing the attendance of any person and examining him on oath as a witness,(b)requiring the discovery and production of any document or record,(c)receiving evidence on affidavits,(d)requisitioning any public record or copy thereof from any court or office,(e)issuing commission for the examination of witnesses or documents,(f)enforcing or executing orders (including an order for restoration of possession) as if such orders were decrees of a civil court,(g)remanding any case or proceedings to the officer from whose order the appeal is preferred.(2)[ The Controller may transfer any proceeding pending before him for disposal to any Additional Controller or Deputy Controller or withdraw any proceeding pending before any Additional Controller or Deputy Controller and dispose of such proceeding himself or transfer such proceeding for disposal to any other Additional Controller or Deputy Controller.(3)Any clerical or arithmetical mistake in any order passed by the Controller or any error arising out of any accidental omission may, at any time, be corrected by the Controller on an application received by him in this behalf from any of the parties or otherwise.(4)The Controller may, at any stage of proceeding, either on his own motion or upon the application of either of the parties and on such terms as may appear to him to be just, order that the name of any party improperly joined be struck out and the name of any person who ought to have been joined, whether as a petitioner or as an opposite party or whose presence before him may be necessary in order to enable him effectively and completely to adjudicate upon settle all the questions involved in the proceedings, be added.(5)The Controller may, for reasons to be recorded in writing, by order, require the personal appearance of either party.(6)The Controller may, for causing delivery of possession of any premises to a thika tenant or Bharatia, send a requisition, in writing, to the officer-in-charge of the police station within the jurisdiction of which the premises is situated or to any police officer superior to such officer-in-charge in rank and on receipt of such requisition, the officer-in-charge or the police officer, as the case may be, shall render all necessary and lawful assistance to the Controller for effecting the delivery of possession of such premises.] [Sub-sections (2) to (6) inserted by section 9 of the West Bengal thika Tenancy (Acquisition and Regulation) (Amendment) Act, 2010 (West Bengal, Act No. 25 of 2010) (with effect from 1.11.2010).]
