12. Constitution and procedure of tribunal for purposes of the Act.
(1)For the purpose of deciding claims made in accordance with the provisions of this Act the [State] [Substituted for the word [Provincial] by the Adaptation of Laws Order, 1950.] Government may from time to time by notification direct the constitution of a tribunal or more tribunals than one and may in like manner direct the dissolution of such tribunal or tribunals.(2)A tribunal shall consist of a president [ - ] [The words [appointed by notification by the Governor-General in Council] which were inserted by the Sikh Gurdwaras (Supplementary) Act, 1925 (XXIV of 1925), section 3(a) were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] and two other members appointed by notification by the [State] Government.(3)The president of a tribunal shall be [a person who is or has been] [Inserted by Punjab Act No. 1 of 1959, Section 11.] a Judge of the High Court and each other member shall be -(i)a District Judge or a Subordinate Judge of the first class; or(ii)a barrister of not less than ten years' standing; or(iii)a person who has been a pleader of any Court [or any Court which is a High Court within the meaning of clause (24) of section 3 of the General Clause Act, 1897 (10 of 1897)] [Inserted by Punjab Act 13 of 1926, section 2. This amendment has been given retrospective effect by Punjab Act 13 of 1926, section 3, which reads as follows; ] for an aggregate period of not less than ten years.(4)The members of a tribunal while they continue as such shall be paid by the [State] Government such remunmeration as may from time to time be fixed by the [State] Government [* * * *] [The words [or in the case of the president by the Governor-General in Council] inserted by section 3(b) of Act 24 of 1925 were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] and shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (21 of 1860).(5)[ * * * * * * * *] [Sub-section (5) was omitted by the Government of India (Adaptation of India Laws) Order, 1937.](6)Whenever a vacancy occurs in a tribunal by reason of the removal, resignation or death of a member, [* * * * ] [The words [the Governor-General in Council where the vacancy occurs in the office of president and in any other case] inserted by section 3(d) of the Act 24 of 1925 were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] the [State] Government shall by notification appoint a person qualified within the meaning of sub-section (3) to fill the vacancy.(7)A change in the membership of a tribunal under the provisions of [* * * ] [The words bracket and figure "sub-section (5) or" omitted by East Punjab Act 44 of 1948, section 2.] sub-section (6) shall not invalidate any previous or subsequent proceedings in any matter pending before it, nor shall it be necessary for a tribunal on account of such change to recommence any enquiry into any matter pending before it for disposal.(8)The [State] Government may from time to time appoint such officers and servants as it may deem to be necessary for the due performance of its duties by a tribunal; and the officers and servants so appointed shall, while they continue as such, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.(9)A tribunal for the purpose of deciding any matter that it is empowered to decide under the provisions of this Act, shall have the same powers as are vested in a court by the Code of Civil Procedure, 1908 (5 of 1908), and shall have jurisdiction unlimited as regards value, throughout [Punjab] [Substituted by Adaptation of Laws Order, 1950, for [East Punjab] - which had been substituted for [the Punjab] by G.G.O. 40 of 1948.], and shall have no jurisdiction over any proceedings other than is expressly vested in it by this Act.(10)Save as otherwise provided in this Act a decree or order of a tribunal shall be executed or otherwise given effect to by the district court of the district in which the gurdwara in connection with which the decree or order was passed is situated, or by the district court to which the tribunal directs that any decree or order shall be sent for this purpose as if the decree of order had been a decree or order passed by such court.(11)The proceedings of a tribunal shall so far as may be, and subject to the provisions of this Act, be conducted in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908).(12)If more tribunals than one are constituted, the [State] [Substituted for the word [Provincial] by the Adaptation of Laws Order, 1950.] Government may by notification direct which tribunal may entertain petitions relating to a particular gurdwara or gurdwaras situated in any specified area, and may at any time transfer any proceedings from one tribunal to another as it may deem proper.
