(1) The State Government shall establish an Appellate Tribunal to be known as the West Bengal Housing Industry Appellate Tribunal.
(2) The State Government may if it deems necessary, establish one or more benches of the Appellate Tribunal, for various jurisdictions, in the State.
(3) Every bench of the Appellate Tribunal shall consist of at least one Judicial Member and one Administrative or Technical Member.
(4) Any person aggrieved by any direction or decision or order made by the Authority under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter:
Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained without the promoter first having deposited with the Appellate Tribunal at least thirty per cent, of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard.
Explanation.—For the purpose of this sub-section "person" shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force.
(5) Notwithstanding anything contained in sub-section (1), it shall be lawful for the State Government to designate, by order, any Tribunal Functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under this Act.
"Judicial Member" means a Member of the Appellate Tribunal appointed as such under clause (b) of sub-section (1) of section 46.
(ii) "Technical or Administrative Member" means a Member of the Appellate Tribunal appointed as such under clause (c) of sub-section
(1) of section 46.
Qualifications for 46. (1) A person shall not be qualified for appointment as the Chairperson or a appointment of Member of the Appellate Tribunal unless he,— Chairperson and Members.
(c)
(a) in the case of Chairperson, is or has been a Judge of a High Court;
and
(b) in the case Of a Judicial Member he has held a judicial office in the territory of India for at least fifteen years or has been a member of the West Bengal Legal Service for at least twenty years, or has been an advocate for at least twenty years with experience in dealing with real estate matters; and in the case of a Technical Administrative Member, he is a person who is well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration
(i)
PART THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 25 The West Bengal Housing Industry Regulation Act, 2017.
Application for settlement of disputes and appeals to Appellate Tribunal.
Composition of Appellate Tribunal.
(Chapter VII.— The Housing Industry Appellate Tribunal.— Sections 44-46.)