State Act

The West Bengal Housing Industry Regulation Act, 2017

This Act was repealed on 4 May 2021 by struck down as beyond the State's legislative power by the Supreme Court in Forum for People's Collective Efforts v. State of West Bengal (4 May 2021); it may still apply to matters that began before then.

46. (1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,— (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 (c) 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 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.