Amendment status not verified — confirm the current text below against the official source.
(3) No person shall be qualified for appointment— (a) as 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 or unless he has been a Member of a Regional Land Reforms Tribunal for a period of not less than three years or unless he has been a Judicial Member of the West Bengal Taxation Tribunal constituted under the West Bengal Taxation Tribunal Act, 1987; (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 relating to land reforms during his service under the State Government for a period of not less than three years or unless he has been a Technical Member of a Regional Land Reforms Tribunal for a period of not less than three years. (4) The Chairman 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 68 years, whichever is earlier. (5) A Judicial Member or an Administrative Member shall hold office for a term of five years from the date on which he enters upon his office or unitl he attains the age of 62 years, whichever is later. (6) If any member of a constituted service under the State Government or the Central Government is appointed as a Judicial Member or as an Administrative Member, his lien shall, notwithstanding anything to the contrary contained in any other law for the time being in force, stand terminated. (7) The Chairman or a Judicial Member or an 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 being heard in respect of the charges: Provided that for the aforesaid inquiry, the State Government may by rules regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or the Judicial Member or the Administrative Member. 161 The West Bengal Land Reforms Tribunal Act, 1991. [West Ben. Act (Chapter IIL—Special Land Reforms TribunaL—Section 15.) (8) On ceasing to hold office, the Chairman or a Judicial Member or an Administrative Member shall be ineligible— (a) for further employment under the State Government, and (b) to appear or plead beofre any Tribunal established under this Act: Provided that a Judicial Member shall be eligible to be appointed as Chairman in accordance with the provisions of this Act. (9) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairman and the Judicial Members and the Administrative Members shall be such as may be prescribed: Provided that the salary and allowances of the Chairman or of any Judicial Member or of any Administrative Member shall not be varied to his disadvantage. (10) 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 salaries and allowances, and the method of recruitment and conditions of service, of the officers and other employees of the Tribunal shall be such as may be prescribed. (11) 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. (12) The Special Land Reforms 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 where the matter relates to the disposal of an appeal received upon transfer under this Act from the High Court or of any question of constitutional validity of any provision of any specified Act, the matter shall be decided by a Bench constituted of one Administrative Member and at least two Judicial Members of whom the Chairman shall be one. Explanation.—For the purposes of this sub-section, a Judicial Member shall include the Chairman. 162 The West Bengal Land Reforms Tribunal Act, 1991. XII of 1991.] (Chapter III. SpecialLand Reforms Tribunal.—Sections 16, 17.) West Ben. Act VIII of