Section 4 in West Bengal Land Reforms and Tenancy Tribunal Act, 1997
4. Establishment of Tribunal and composition and functions thereof
(1) (a) The State Government shall by notification establish a Tribunal to be called the West Bengal Land Reforms and Tenancy Tribunal which shall consist of a Chairman and not less than-(i)one Judicial Member, and(II)one Administrative Member.(b)the State Government shall by notification fix the place at which the Tribunal is to be held.(2)(a)The Chairman and the Judicial Member shall be appointed by the Governor in consultation with the Chief Justice :Provided that if(i)the Chairman is, by reason of leave, illness or other cause, temporarily unable to discharge his functions under this Act, or(ii)a vacancy occurs in the office of the Chairman by reason of death, resignation or otherwise, then, the State Government may authorise a Judicial Member to discharge the functions of the Chairman under this Act during the period of such temporary inability or a Chairman, appointed in accordance with the provisions of this Act, enters upon his office, as the case may be.(b)The Administrative Member shall be appointed by the Governor on the recommendation of a Selection Committee consisting of three members, to be constituted by the Governor, of which the Chairman shall be a sitting Judge of the High Court nominated by the Chief Justice and the other two members shall be nominated by the State Government.(3)No person shall be qualified for appointment(a)as the Chairman unless he is, or has been, a Judge of the High Court or has held, for a period of not less than one year, the office of 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 an Administrative Member unless he is, or has been, an officer [[ Substituted by the West Bengal Act 23 of 2002 for the following:(c)as an Administrative Member unless he is, or has been, an officer of the State Government or the Central Government, not below the rank of a Joint Secretary to that Government, and has dealt with matters under a specified Act during his service under the State Government for a period of not less than three years.]](i)of the Central Government, not below the rank of a Joint Secretary to that Government, and has dealt with matters under a specified Act during his service under the State Government for a period of not less than three years, or(ii)of the State Government, not below the rank of a Joint Secretary to that Government, and has dealt with matters under a specified Act during his service under the State Government for a period of not less than five years.](4)The Chairman shall hold office for a term of fir years from the date on which he enters upon his office or until he attains [the age of 65 years] [Substituted, ibid for The age of 66 years.], whichever is earlier.(5)A Judicial Member or Administrative Member 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 62 years, whichever is earlier.(6)The Chairman or any other Member shall be eligible for reappointment for a term of three years :Provided that the Chairman or such other Member shall not hold office as Chairman or other Member after he has attained,(a)in the case of the Chairman, [the age of 65 years, or] [Substituted, ibid for the age of 66 years, or.](b)in the case of other Member, the age of 62 years.(7)If any member of a constituted service under the State Government or the Central Government is appointed to be a Judicial Member or Administrative Member, the lien of such Judicial Member or Administrative Member in such duly constituted service under the State Government or the Central Government, as the case may be, shall, notwithstanding anything to the contrary contained in any other law for the time being in force, stand terminated.(8)The Chairman or a Judicial Mertther or Administrative Member shall not be removed by the Governor from his office, except on the ground of proved misbehaviour or incapacity and except after an inquiry made by the Chief Justice or by a sitting Judge of the High Court to be nominated by the Chief Justice in which such Chairman or Judicial Member or Administrative Member, as the case may be, has been informed of the charges against him and has been given a reasonable opportunity of defending himself in respect of the charges :Provided that the State Government may, by rules, regulate the procedure for the inquiry as aforesaid.(9)On ceasing to hold office, the Chairman or the Judicial Member or the Administrative Member, as the case may be, shall be ineligible(a)for further employment under the State Government, and(b)to appear or to plead before the Tribunal:Provided that a Judicial Member shall be eligible to be appointed as the Chairman in accordance with the provisions of this Act.(10)The salaries and allowances payable to, and the other terms and conditions of service of, the Chairman and the other Members shall be such as may be prescribed:Provided that the salary and allowances and the other terms and conditions of service of the Chairman or any other Member shall not be varied to his disadvantage.(11)The State Government shall, in consultation with the Chairman determine the categories of officers and other employees required to assist the Tribunal in the discharge of its functions, and shall provide the Tribunal with such officers and other employees. The method of recruitment, the salaries and allowances, and the conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.(12)The Chairman shall exercise financial and administrative powers for the functioning of the Tribunal and may delegate all or any of such powers to an officer of the Tribunal in accordance with the rules made under this Act.(13)The Tribunal shall exercise jurisdiction, power and authority and perform functions conferred or imposed on it by or under this Act by one or more Benches, each Bench consisting of such number of Judicial Member and Administrative Member as may be determined by the Chairman:Provided that each such Bench shall consist of at least one Judicial Member and one Administrative Member:Provided further that if the Judicial Member and the Administrative Member of a Bench are divided in their opinion on any matter, such matter shall be referred to a Bench which shall consist of one Administrative Member and two Judicial Members of whom the Chairman shall be one:Provided also that in the case of difference of opinion between two or more benches, the State Government shall constitute a larger Bench consisting of such number of Members as that Government may think fit.Explanation.For the purposes of this sub-section, Judicial Member shall include the Chairman.
