Section 36 in West Bengal Estates Acquisition Act, 1953
36. Mines Tribunal.
(1) The Mines Tribunal appointed for the purposes of this Chapter shall consist of a Chairman who shall be [a person who is or has been a District Judge or an Additional District Judge] [Substituted by Section 18 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Bengal Act No. 17 of 1960) for the words an officer not below the rank of a District Judge.] and another member who shall be a Mining Expert. Both the Chairman and the Mining Expert Member shall be appointed by the State Government with the previous approval of the Central Government.(2)The Tribunal shall follow such procedure as may be prescribed.(3)In regard to any matter of compensation referred to the Tribunal by the Compensation Officer under section 35, the Tribunal at the commencement of the proceedings before it may require the State Government and the intermediary to state what in their respective opinions is the amount of compensation payable ; and in giving its decision as to the amount of compensation to be paid, the Tribunal shall follow the principles laid down in sub-section (2) of section 29, section 32, section 33 or section 34, as the case may be.(4)In settling the terms and conditions of a lease by the State Government under section 28, the Tribunal shall have power to determine the area of land to be comprised in the lease and in so doing shall have regard to the amount of land reasonably required for the future development of the mining concern and also to the provisions of section 30.(5)If there is a difference of opinion between the Chairman and the other member in respect of any matter, the matter shall be referred to a Judge of the High Court to be nominated by the Chief Justice and the decision of such Judge shall be binding on the Tribunal and shall be final and conclusive.
