Section 415 in The Calcutta Municipal Corporation Act, 1980
415. [ Municipal Building Tribunal. - [section 415 substituted by W.B. Act 21 of 1988.]
(1)The State Government shall appoint a Municipal Building Tribunal (hereinafter referred to in this section as the Tribunal) to hear and decide appeals arising out of matters referred to in section 400 or section 416 in accordance with such procedure and to realise such fees in connection with such appeals as may be prescribed.(2)The Tribunal shall consist of a Chairman and such number of other members not exceeding six as the State Government may determine :Provided that the Chairman may constitute one or more Benches, each Bench comprising at least two members one of whom shall be a judicial member and another a technical member.(3)The Chairman or a judicial member shall be a person who is or has been a member of the West Bengal Higher Judicial Service having such experience as may be prescribed.(4)A technical member shall be a person who shall have knowledge or experience in town planning, civil engineering or architecture as may be prescribed.(5)The Chairman and the other members of the Tribunal shall be appointed by the State Government for such period and on such terms and conditions as the State Government may determine and shall be paid from the Municipal Fund:Provided that a Councillor or an Alderman or a person who is or has been an officer or employee of the Corporation shall not be eligible for appointment as a member of the Tribunal.(6)The State Government may, if it thinks fit, remove for incompetence or misconduct or any other good or sufficient reason the Chairman or a member appointed under this section.(7)The Tribunal shall have an establishment consisting of such officers and other employees appointed on such terms and conditions as may be prescribed. The expenses of the Tribunal shall be paid out of the Municipal Fund.(8)The provisions of Part II and Part III of the Limitation Act, 1963 relating to appeal shall apply to every appeal preferred under this section.(9)No court shall has jurisdiction in any matter for which provision is made in this Chapter for appeal to the Tribunal.]
