Section 146 in West Bengal Co-operative Societies Act, 2006
146. Tribunal.
(1)The State Government shall, by notification, constitute one or more Tribunals which shall consist of a Chairman and not less than-(i)one judicial Member; and (ii) one administrative Member.(2)No person shall be qualified for appointment-(a)as the Chairman unless he is or has been a Judge of the High Court or is holding or has held a post not below the rank of Judicial Secretary or Legal Remembrancer;(b)as a Judicial Member unless he has held or is holding a post not below the rank of District Judge belong to Higher Judicial services;(c)as an administrative Member unless he has held or is holding a post not below the rank of Joint Secretary in the State Government.(3)Where more than one Tribunal is constituted, the State Government shall, by notification, specify the district or districts over which such Tribunals shall have jurisdiction. The Tribunals, so constituted, shall have jurisdiction over the affairs of Co-operative society having registered offices situated within the territorial jurisdiction of such Tribunals.(4)(a)A Tribunal shall exercise all the powers conferred upon an Appellate Court by order XLI in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).(b)Any person aggrieved by an order made by a Tribunal may, within ninety days from the date of such order, apply to such Tribunal for review of such order on one or more grounds specified in rule 1 of Order XLVII of the Code of Civil Procedure, 1908.(c)A Tribunal shall not make any order on an application made under clause (b) without giving the person likely to be affected adversely by such order an opportunity of being heard and such application shall be disposed of by the Tribunal within three months from the date of its presentation.(d)When an appeal or application for review is filed before a Tribunal, it may make, on such terms and condition as it thinks fit, such interlocutory order as may appear to it just.and convenient after giving the parties an opportunity of being heard.(e)The Tribunal shall exercise jurisdiction, power and authority and perform function 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 one Judicial Member and one administrative Member :Provided further that if the Judicial Member and the administrative Member of the 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 Member 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 large bench consisting of such number of members as the State Government may think fit.Explanation.-For the purpose of this sub-section Judicial Member shall include the Chairman.(5)The State Government shall by notification fix the place at which the Tribunal may hold its sitting.
