Section 3 in The West Bengal Taxation Tribunal Act, 1987.
3. Establishment of Tribunal, composition and functions thereof.
(1)The State Government may, by notification, establish a Tribunal to be called the West Bengal Taxation Tribunal which shall consist of a Chairman and not less than one Judicial Member and one Technical Member.[Provided that notwithstanding the occurrence of any vacancy in the office of a Judicial Member or Technical Member, the Tribunal shall, subject to the provisions of sub-section (12) of this section and the proviso to sub-section (1) of section 6, continue to exercise the jurisdiction powers and authority and perform the functions conferred on it by or under this Act.] [Proviso inserted by W.B. Act 22 of 1989.](2)(a)The Chairman and the Judicial Members shall be appointed by the Governor in consultation with the Chief Justice:Provided that in the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, or when the Chairman is unable to discharge his functions owing to absence, illness or any other cause, [The Judicial Member or, where the Tribunal consists of more than one Judicial Member, the Judicial Member senior to all other Judicial Members in the Tribunal shall discharge] [Words substituted for the words 'the State Government may authorise any other Judicial Member to discharge' by W.B. Act 22 of 1992, w.e.f. 1.5.1992.] the functions of the Chairman until the Chairman resumes his office or a Chairman appointed in accordance with the provisions of this Act enters upon his office.(b)A Technical Member shall be appointed by the Governor on the recommendation of the Selection Committee of three members constituted by the Governor, of which the Chairman shall be [a sitting Judge] [Words substituted for the words 'a sitting senior Judge' by W.B. Act 22 of 1989.] of the High Court nominated as such by the Chief Justice and two other Members nominated by the State Government.(3)No person shall be qualified for appointment -(a)as Chairman unless he has been a Judge of the High Court or has held, for a period of not less than one year, the office as a Judicial Member;(b)as a Judicial Member unless he has been, or is qualified to be, a Judge of a High Court;(c)as a Technical Member unless he is or has been an officer of the State Government or the Central Government, not below the rank of a Secretary to that Government, in the Secretariat or elsewhere, and has dealt with revenue or taxation matters during his service in the Government in the capacity of a Deputy Secretary and above to the State Government or the Central Government for a period of not less than three years in the aggregate.[Explanation. - For the purpose of this clause, the expression "a Secretary" includes a Special Secretary.] ['Explanation' inserted by W.B. Act 19 of 2006 w.e.f. 5.5.2006.](4)[ The Chairman shall hold office for a term of five years from the date on which he enters upon his office but he shall be eligible for reappointment for another term of five years:Provided that no Chairman shall hold office after he has attained the [age of sixty-eight years] [[Sub-sections (4) and 5 substituted by W.B. Act 5 of 2003, w.e.f. 15.2.2003, which were earlier as under :'(4) The Chairman or a Judicial Member who has been a Judge of the High Court shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of 68 years, whichever is earlier.(5)A Judicial Member who is qualified to be a Judge of the High Court and a Technical Member shall hold office for a term of five years from the date on which they enter upon their offices or until they attain the age of 62 years whichever is later.]] :Provided further that the Chairman who has entered upon his office [before the 1st day of April, 2007] [Words, figures and letters substituted for the words, figures and letters 'before the 15th day of February, 2003' by W.B. Act 3 of 2007.] shall continue to hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-eight years, whichever is earlier.(5)A Judicial Member or a Technical Member shall hold office as such for a term of five years from the date on which he enters upon his office, but he shall be eligible for reappointment for another term of five years:]Provided that no Judicial Member or Technical Member shall hold office as such after he has attained the [age of sixty-five years] [Words substituted for the words 'age of sixty-two years' by W.B. Act 3 of 2007.] :Provided further that a Judicial Member who has been a Judge of the High Court, and who has entered upon his office [before the 1st day of April, 2007] [Words, figures and letters substituted for the words, figures and letters 'before the 15th day of February, 2003' by W.B. Act 3 of 2007.], shall continue to hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-eight years, whichever is earlier:Provided also that a Judicial Member who is qualified to be a Judge of the High Court and who has entered upon his office [before the 1st day of April, 2007] [Words, figures and letters substituted for the words, figures and letters 'before the 14th day of February, 2003' by W.B. Act 3 of 2007.] or a Technical Member entering upon his office before the said date, shall continue to hold office as such for a term of five years from the date on which he enters upon his office or until he attains the [age of sixty-five years, whichever is earlier] [Words substituted for the words 'age of sixty-two years, whichever is earlier' by W.B. Act 3 of 2007.].(6)The Chairman or any other Member shall not be removed by the Governor from his office except on the ground of proved misbehaviour or incapacity, after an inquiry made by the Chief Justice or by a sitting Judge of the High Court as may be nominated by the Chief Justice in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges:Provided that for the aforesaid inquiry the State Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or any other Member.(7)The Chairman or any other Member shall be ineligible -(a)for further employment under the State Government, or under any local authority or under any corporation owned or controlled by the State Government; and(b)to appear, act or plead before the Tribunal :Provided that a Judicial Member shall be eligible to be appointed as Chairman in accordance with the provisions of this Act.(8)The Chairman and all other Members shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.(9)The salaries and allowances payable to, and other terms and conditions of service of, the Chairman and other Members shall be such as may be prescribed.(10)The State Government shall in consultation with the Chairman determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions, and provide the Tribunal with such officers and other employees. The salaries and allowances and conditions of service of the officers and other employees shall be such as may be prescribed.(11)The Chairman shall exercise financial and administrative powers for the functioning of the Tribunal or may delegate the same in accordance with rules made under this Act.(12)The Tribunal shall exercise jurisdiction, powers and authority and perform the functions conferred on it by or under this Act by Benches of two or more Members, as may be determined by the Chairman, consisting of at least one Judicial Member and one Technical Member.
