Section 43 in Bihar Hindu Religious Trusts Act, 1950
43. [ Constitution of a Tribunal its powers and functions. ['Section 43' substituted & Section 43A to 43F added vide Section 16 of Amendment Act 1 of 2007.]
(1)The State Government shall, by Notification in the Official Gazette, constitute a Tribunal for deciding property disputes under Section 43B and for taking decisions under Section-43C and removal of encroachment on the trust property under Sections 43D, 43E and 43F of the Act and restoration of immovable property alienated in violation of Section 44 of the Act and to appoint a receiver under Section 72.(2)The Tribunal shall consist of a retired High Court Judge or a retired District Judge.The term of the Tribunal Judge shall be for a period of five years or til the age of 67 years whichever is earlier.(3)Service conditions of the Tribunal Judge and other staff members shall be such as may be prescribed by the State Government.(4)The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit or executing a decree or order.(5)No suit, prosecution or other legal proceeding shall lie against the Tribunal Judge for any damage caused or likely to be caused by anything, in good faith done or intended to be done in pursuance of the provisions of this Act:
