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State of West Bengal - Section

Section 72 in The Calcutta Improvement Act, 1911

72. Constitution of Tribunal. -

(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] [Clauses (a) and (b) substituted by W. B. Act 32 of 1955.],
(b)[ a barrister or advocate who has practised as such in the Calcutta High Court for not less than ten years] [Clauses (a) and (b) substituted by W. B. Act 32 of 1955.].
(3)The President of the Tribunal and one of the assessors shall be appointed by the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.], and the other assessor shall be appointed by the Corporation [within the time fixed by the State Government] [Words inserted by W. B. Act 32 of 1955.], or, in default of the Corporation, by the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.]: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 9, 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] [Proviso added by W. B. Act 32 of 1955.].
(5)The [State Government] [Words substituted by the Adaptation of Laws Order, 1950.] 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.
(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] [Words substituted by the Adaptation of Laws Order, 1950.] or (if the person whose place is to be filled was appointed by the Corporation) the Corporation, or, in default of the Corporation, the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.] 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.