Section 415 in Kolkata Municipal Corporation Act, 1980
415. [ Municipal Building Tribunal.- (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 :
[Provided that, if it is felt necessary by the State Government, the Tribunal shall hear and decide appeals arising out of matters, referred to in sections 199 and 201 of the Siliguri Municipal Corporation Act, 1990 (West Bengal Act 30 of 1990), sections 199 and 201 of the Asansol Municipal Corporation Act, 1990 (West Bengal Act 31 of 1990), sections 202 and 204 of the Chandernagore Municipal Corporation Act, 1990 (West Bengal Act 32 of 1990), and section 4 of the Durgapur Municipal Corporation Act, 1994 (West Bengal Act LIII of 1994), read with section 201 of the Siliguri Municipal Corporation Act, 1990 (hereinafter referred to in this section as "hear and decide appeals under the other Municipal Corporation Acts")] [Substituted by section 18 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Bengal Act No. 21 of 1988), w.e.f. 20.2.1989.].(2)The Tribunal shall consist of a Chairman and such number of other members not exceeding [fourteen] [Substituted by section 14(it)(a) of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Bengal Act VIII of 2001), w.e.f. 23.3.2001, for the word six.] as the State Government may determine :[Provided that the Chairman may constitute one or more Benches for Calcutta, and shall constitute one or more Benches, if felt necessary by the State Government, to hear and decide appeals under the other Municipal Corporation Acts. Each of such Bench shall comprise of at least two members one of whom shall be a judicial member and another a technical member] [Proviso substituted by section 14(0(b), of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Bengal Act VIII of 2001), w.e.f. 23.3.2001.];(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 the expenditure connecting to the payment of remuneration, travelling allowance and other expenditure, of the judicial and non-judicial members of the Tribunal constituting the Benches to hear and decide appeals under the other Municipal Corporation Acts, shall be paid out of the fund of the concerned Municipal Corporation :Provided further that a Councillor 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.] [Proviso substituted by section 14(iii), ibid, w.e.f. 23.3.2001.].(6)The State Government may, if it thinks fit, remove for incompetence or misconduct or any other good or sufficient reasons 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:] [Substituted by section 14(iv)(a) of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Bengal Act VIII of 2001), w.e.f. 23.3.2001, for Municipal Fund.][Provided that the Benches constituted under the Tribunal in order to hear and decide appeals under the other Municipal Corporation Acts shall be provided with an establishment consisting of such officers and other employees as may be prescribed by the concerned Municipal Corporations] [Proviso added by section 14(iv)(b), ibid, w.e.f. 23.3.2001.].(8)The provisions of Part II and Part III of the Limitation Act, 1963 (36 of 1963), relating to appeal shall apply to every appeal preferred under this section.(9)No court shall have jurisdiction in any matter for which provision is made in this Chapter for appeal to the Tribunal.]
