(1) The State Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority may prefer an appeal to the Appellate Tribunal.
(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority is received by the State Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filing it within that period.
(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.
(4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority.
(5) The appeal preferred under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal:
Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.
(6) The Appellate Tribunal may for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit.
45. The Appellate Tribunal shall consist of a Chairperson and not less than two whole time members of which one shall be a Judicial member and other shall be a Technical or Administrative Member, to be appointed by the State Government.
Explanation.—For the purposes of this Chapter,— 26 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 17, 2017 [PART III The West Bengal Housing Industry Regulation Act, 2017.
(Chapter VII.— The Housing Industry Appellate Tribunal.— Sections 47, 48.)
Term of office of Chairperson and Members.
Removal of Chairperson, Member etc.
and possesses experience of at least twenty years in the field or who has held the post in the Central Government, or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the State Government in consultation with the Chief Justice of High Court or his nominee.
(3) The Judicial Members and Technical or Administrative Members of the Appellate Tribunal shall be appointed by the State Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department handling Housing and the Law Secretary and in such manner as may be prescribed.