7(1) of the Act provides that an application thereunder has to be filed within
6 months of the constitution of the Rin Shalishi Board for the purpose of
deciding the question of limitation, along with the requirement of the 6 months
time for filing an application before the Board from the date of the
constitution of the Board, the other requirements under the section 7 of the
Act that the application has to be filed in accordance with the procedure
prescribed by the Rules have also to be satisfied. An application before the
Board cannot be presented unless the sitting of the Board actually takes place
after the Collector concerned notifies about the place, date and time of the
sitting of the Board. Thereafter the applicant has to be examined by the
Charmin of the Board immediately on receipt of the application and if the
application is found unsatisfactory the same is liable to be dismissed
forthwith. In the instant case, the Board started functioning on and from
4.1.1990. Since limitation is to be counted not from the date of the
constitution of the Board on 27.5.1989 but it is to be counted from the date of
functioning of the Board on 4.1.1990, the defendant’s application before the
Board was not barred by limitation.
Sarder Vs. Mohammad Ismail Howlader and ors., 18 BLD (AD) 53.
24 of the Rin Salishi Am, 1989 provides that except as otherwise provided in
this Act, the Evidence Act, 1872 and the Code of Civil Procedure, 1908 shall
not be applicable in the proceedings of the Board.
Sardar Vs. The Additional Deputy Commissioner (Revenue), Satkhira and others 14
BLD (AD) 183.