The West Bengal Taxation Tribunal (Amendment) Act, 2022
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-II1)/2025/SAR-11 Kolkata Extraordinary Published by Authority VAISAKHA 10] WEDNESDAY, APRIL 30, 2025 [SAKA 1947 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 490-L.—30th April, 2025.—The following Act of the West Bengal Legislature, having been assented to bythe Governor, is hereby published for general information: — West Bengal Act XXVI of 2022 THE WEST BENGAL TAXATION TRIBUNAL (AMENDMENT) ACT, 2022. [Passed by the West Bengal Legislature] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 30th April, 2025.] An Act to amend the West Bengal Taxation Tribunal Act, 1987. WuerEAS it is expedient to amend the West Bengal Taxation Tribunal Act, 1987, Wrest Ben. Actfor the purposes and in the manner hereinafter appearing; : It is hereby enacted in the Seventy-third Year of the Republic of India, by theLegislature of West Bengal, as follows:— Short title and 1. (1) This Act may be called the West Bengal Taxation Tribunal (Amendment)commencement, Act, 2022, THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 30, 2025 (Part IV Amendment of section 3 of West Ben. Act VII of 1987. The West Bengal Taxation Tribunal (Amendment) Act, 2022. (Section 2.) (2) Save as otherwise provided, this section shall come into force with immediate effect, and the other provisions of this Act shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. In the West Bengal Taxation Tribunal Act, 1987, in section 3,— (i) in sub-section (2),— (a) (b) in clause (a), for the words “The Chairman and the Judicial Members shall be appointed by the Governor in consultation with the Chief Justice”, the words “The Chairman and the Judicial members of the Tribunal shall be appointed by the State Government in consultation with the Chief Justice” shall be substituted, for clause (b), the following clause shall be substituted:— “(b) A Technical Member shall be appointed by the State Government on the recommendation of the Selection Committee of three members constituted by the State Government, of which the Chairman shall be a sitting Judge of the High Court nominated as such by the Chief Justice and two other Members nominated by the State Government.”; (ii) in sub-section (3), for clause (c), the following clause shall be substituted:— “(c) as a Technical Member unless— (i) he is or has been an officer of the State Government or the Central Government, not below the rank of Special Secretary to that Government, in the Secretariat or elsewhere, and has dealt with revenue or taxation matters during his service in the Government in the capacity of a Deputy Secretary and above to the State Government or the Central Government for a period of not less than two years in the aggregate; or (ii) he is or has been an officer of the West Bengal Revenue Service not below the rank of Special Commissioner and has dealt with taxation matters for at least one year in such capacity and as Additional Commissioner for at least one year.”; (iii) for sub-section (6), the following sub-section shall be substituted:— “(6) The Chairman or any other Member shall not be removed by the State Government from his office except on the ground of proved misbehaviour or incapacity, after an inquiry made by the Chief Justice or by a sitting Judge of the High Court as may be nominated Part IV] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 30, 2025 The West Bengal Taxation Tribunal (Amendment) Act, 2022. (Section 2.) by the Chief Justice in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges: Provided that for the aforesaid inquiry the State Government may, by rules, provide the procedure for the inquiry of misbehaviour or incapacity of the Chairman or any other Member.”. By order of the Governor, PRADIP KUMAR PANIA, Pr. Secy. to the Govt. of West Bengal, Law Department. Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.
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