Amendment status not verified — confirm the current text below against the official source.
West Ben. Aci LUI of 1994, LIX of 1980.] : (Part VI.—Ton'ii Planning, Land and Land Use Controls.—Chapter XXII.— Buildings.—D. Municipal Building Tribunal.—Seclion 415.) D, Municipal Building Tribunal '415. -(I) The Slale Government shalI appoint a Municipal Building Municipal Tribunal (hereinafter referred io in ihis scclion as "lhe Tribunal") to hear y^'bunS and decide appeals arising out of mailers referred io in scclion 400 or section 416 in accordance with such procedure and Lo realise such fees in conncection with such appeals as may be prescribed: Provided that, if it is fell necessary by Lhe Slate Government, lhe Tribunal shall hear and decide appeals arising out of matters, referred to in sections 199 and 201 of the Siliguri Municipal Corporation Acl, 1990, sections 199 and 201 of the Asansol Municipal Corporation Act, 1 1990, sections 202 and 204 or ihc Chandernagore Municipal Corporation Act, 1990 and section 4 or the Durgapur Municipal Corporation Act, 1994 read wilh seclion 201 of lhe Siligttri Municipal Corporaiion Act, j 1990 (hereinafter referred lo in this seclion as "hear and dccide appeals under lhe oiher Municipal Corporation Acts") 1 (2) The Tribunal shall consist or a Chairman and such number of other members not exceeding ■'[fourteen] as the Stale Government may determine: - j ""Provided that lhe Chairman may conslitiiie one or more Benches for 1 '[Kolkaia], and shall constilute one or more Benches, if felt necessary ! by the Slale Government, lo hear and decide appeals under the other j Municipal Corporation Acts. Each of such Bench shall comprise of at ; leas! 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 Wesl Bengal Higher Judicial Scrvicc having i such experience as may be prescribed, (4) A lechnical member shall be a person who shall have knowledge . or experience in town planning, civil engineering or architecture as may be prescribed. The Kolkata Municipal Corporation Act, 1980. 792 [Wesl Ben. Act (Parr VI.—Town Planning, Lund and Land Use Controls.—■ Chapter XXII.■—Buildings.—D. Municipal Building Tribunal.—Section 415.) (5) The Chairman and [he other members of lhe Tribunal shall be appointed by (he Stale Governmeni Tor such period and on such [erms and condiiions as llie Stale Governmeni may determine and shall be paid from the Municipal Fund: ' 'Provided thai lhe expenditure connecting io lhe payment of remuneration, travelling allowance and other expenditure, of llie judicial and non-judicial members of lhe Tribunal constituting the Benches to here and dccidc appeals under the olher Municipal Corporation Acts, shall be paid out of the fund of the concerned Municipal Corporalion: 'Provided further that a Councillor or a person who is, or has been, an officer or employee of the Corporalion shall nol be eligible for appointment as a member of lhe Tribunal. (6) The Slate Government may, if it thinks fit, remove for incompetence or misconduct or any other good or sufficient reason lhe Chairman or a member appointed under this section. (7) The Tribunal shall have an establishment consisting of such officers and olher employees appointed on such terms and conditions as may be prescribed. The expenses of the Tribunal shall be paid oul of lhe :[Municipal Fund:] •'Provided that lhe Benches constituted under lhc Tribunal in order lo hear and decide appeals under lhe olher Municipal Corporation Acts shall be provided with an establishment consisting or such officers and olher employees as may be prescribed by Lhe concerned Municipal Corporations, (8) The provisions of Part II and Part III of the Li mi laiion Act, 1963 3& or 1963. relating io appeal shall apply io every appeal preferred under ihis section. (9) No court shall have jurisdiction in any mailer for which provisions is made in Ihis Chapter for appeal to the Tribunal. The Kolkata Municipal Corporation Act, 1980. 793 LIX of 1980.1 Prohibition on change ot use of building. Wcsl Ben. Aci XXX111 or 1951. Power io prevent use of premises in particular arc ;is. (Part VI.—Town Planning, Land and Land Use Controls.— Chapter XXIII.—Regulation of Building Uses.—Section 416.) CHAPTER XXIII Regulation ol'Duilding Uses