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State of Maharashtra - Section

Section 62 in Nagpur Improvement Trust Act, 1936

62. Constitution of Tribunal.

(1)The Tribunal shall consist of a President and two assessors.
(2)The President of the Tribunal shall be either-
(a)a member of the [***] [The words 'Imperial or' were omitted by A. O., 1950.] [State] [Substituted for 'Provincial' by A.O., 1950.] Civil Service, Judicial Branch of not less than ten years standing in such service, who has for at least three years served as District Judge or held judicial office not inferior to that of a Subordinate Judge of the first class ; or
(b)a barrister, advocate or pleader of not less than ten years standing who has practised as an advocate or pleader in the High Court of Judicature at Nagpur.
[(2-a) The assessors shall possess such qualifications as may be prescribed by rules made in this behalf by the [State] [Inserted by Central Provinces and Berar Act XII of 1945, section 2.] Government.]
(3)The President of the Tribunal and one of the assessors shall be appointed by the [State] [Substituted for 'provincial' by A. O., 1950.] Government and the other assessor shall be appointed by [the Corporation] [Substituted by M.P. Act XIV of 1952, s. 19.], or in default of appointment by 1[the Corporation] within two months of its being asked by the [State] [Substituted by M.P. Act XIV of 1952, s. 19.] Government to make such appointment, by the [State] [Substituted by M.P. Act XIV of 1952, s. 19.] Government:Provided that no person shall be eligible for appointment as a member of the Tribunal if he is a Trustee or would, if he were a Trustee, be liable to removal by the [State] [Substituted for 'provincial' by A. O., 1950.] Government under section 10.
(4)The term of office of a member of the Tribunal shall be two years ; but any member shall, subject to the proviso to sub-section (3), be eligible for re-appointment on the expiration of that term.
(5)The [State] [Substituted for 'provincial' by A. O., 1950.] 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.
(6)When any person ceases to be a member of the Tribunal or when any member is temporarily absent owing to illness or any unavoidable cause, the authority which appointed him shall forthwith appoint a fit person to be member in his place. Where the authority so appointing was [the Corporation] [Substituted by M.P. Act XIV of 1952, s. 19.] and [the Corporation] [Substituted by M.P. Act XIV of 1952, s. 19.] fails to make a fresh appointment within two months of being asked to do so by the [State] [Substituted for 'provincial' by A. O., 1950.] Government, the appointment may be made by the [State] [Substituted for 'provincial' by A. O., 1950.] Government.