Section 295A in West Bengal Municipal Corporation Act, 2006
295A. [ Municipal Building Tribunal for Corporation. [Inserted by West Bengal Act No. 17 of 2016, dated 20.1.2017.]
(1)The State Government shall, by notification in the Official Gazette, appoint a Municipal Building Tribunal (hereinafter referred to as "the Tribunal") for each of the Corporations under this Act to hear and decide appeals under this Chapter as and when required; upon obtaining formal proposal for this purpose.(2)The Tribunal shall consist of a Chairman and such other members not exceeding fourteen as the State Government may determine.(3)The Chairman shall be a person who is or has been a member of the West Bengal Judicial Service having such experience as may be prescribed.(4)A Technical Member shall be a person who shall have knowledge or experience in town planning, civil engineering or architecture as may be prescribed.(5)The Chairman and the other members of the Tribunal shall be appointed by the State Government for such period and on such terms and conditions as the State Government may determine, and shall be paid out of the Municipal fund:Provided that a Councillor or a person who is, or has been, an officer or employee of the Corporation shall not be eligible, for appointment as a member of the Tribunal.(6)The State Government may, if it thinks fit, remove for incompetence or misconduct or any oth|er good or sufficient reasons the Chairman or a member appointed underthis section.(7)The Tribunal shall have an establishment consisting of such officers and other employees appointed on such terms and conditions as may be prescribed. The expenses of the Tribunal shall be paid out of the municipal fund of the respective Corporation.(8)The provisions of Part II and Part III of the Limitation Act, 1963, relating to 36 of 1963. appeal shall apply to every appeal preferred under this section.(9)No Court shall have jurisdiction in any matter for which provisions is made in this Chapter for appeal to the Tribunal.(10)Notwithstanding anything contained in the Chapter, the State Government may appoint for any or all the Corporations under this Act, any other Municipal Building Tribunal under any other law for the time being in force and such Tribunal shall exercise powers of the Tribunal under this Act.
