Section 5 in The Jammu And Kashmir Criminal Law (Amendment) Act, 1983
5. Constitution of Tribunal
(1)The Government may, by notification in the Government Gazette, constitute, as and when necessary, a tribunal for the purposes of section 4 consisting of one person, to be appointed by the Government:Provided that no person shall be so appointed unless he is, or is qualified to be appointed as, a Judge of the High Court.(2)If, for any reason a vacancy (other than a temporary absence) occurs in the office of the Presiding Officer of the Tribunal, then, the Government shall appoint another person in accordance with the provisions of this section to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.(3)The Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act.(4)All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of the State.(5)Subject to the provisions of section 9, the Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it will hold its sittings.(6)The Tribunal shall, for the purpose of making an inquiry under this Act have the same powers as are vested in a civil Court under the Code of Civil Procedure, Samvat 1977 while trying a suit, in respect of the following matters, namely:—(a)the summoning and enforcing the attendance of any witness and examining him on oath;(b)the discovery and production of any documents or other material object producible as evidence;(c)the reception of evidence on affidavits;(d)the requisitioning of any public record from any Court or office;(e)the issuing of any commission for the examination of witnesses.(7)Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Ranbir Penal Code and Tribunal shall be deemed to be a Civil Court for the purposes of section 196 and Chapter XXXV of the Code of Criminal Procedure, Samvat 1989.
