(1)The said Tribunal shall consist of a President and two assessors.(2)The President of the Tribunal shall be either -(a)a person who was or has been a member of the Judicial Service as defined in article 236 of the Constitution of India for at least ten years and held a rank not inferior to that of a Subordinate Judge for at least three years; or(b)a barrister or an advocate who has practised as such in the Calcutta High Court for not less than ten years.(3)The President of the Tribunal and one of the assessors shall be appointed by the State Government and the other assessor shall be appointed by the [Howrah Municipal Corporation and the Municipalities of Howrah] [Words 'and the Bally Municipality' first inserted by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'Commissioners of the Howrah Municipality and the Bally Municipality' by W.B. Act 15 of 1995.] within the time fixed by the State Government or in default of the [Howrah Municipal Corporation and the Municipalities of Howrah] [Words 'and the Bally Municipality' first inserted by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'Commissioners of the Howrah Municipality and the Bally Municipality' by W.B. Act 15 of 1995.], by the State Government :Provided that no person shall be eligible for appointment as a member of the Tribunal if he is a Trustee or is, for any of the reasons mentioned in section 5, disqualified for appointment as a Trustee.(4)The term of office of each member of the Tribunal shall be two years; but any member shall, subject to the proviso to sub-section (3), be eligible for reappointment at the end of that term :Provided that a member who is an assessor shall not be eligible for reappointment for more than a further term of two years.(5)The State Government may, on the ground of incapacity or misbehaviour, or for any other good and sufficient reason, cancel the appointment of any person as a member of the Tribunal after giving the person an opportunity of showing cause against the proposed action.(6)When any person ceases for any reason to be a member of the Tribunal, or when any member is temporarily absent in consequence of illness or any other unavoidable cause, the State Government or (if the person whose place is to be filled was appointed [by the Howrah Municipal Corporation or any Municipality of Howrah] [Words 'and the Bally Municipality' first inserted by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'by the Commissioners of the Howrah Municipality and the Bally Municipality' by W.B. Act 15 of 1995.] the [Howrah Municipal Corporation or the Municipality, as the case may be, or] [Words 'and the Bally Municipality' first inserted by W.B. Act 43 of 1983, then the words within third brackets substituted for the words 'Commissioners of the Howrah Municipality and the Bally Municipality, or' by W.B. Act 15 of 1995.] in default of the [said Corporation or Municipality, as the case may be,] [Words substituted for the words 'said Commissioners,' by W.B. Act 15 of 1995.] the State Government shall forthwith appoint a fit person to be a member in his place.(7)All appointments made under this section shall be published by notification.
