2B. [ Tribunal. [Inserted by the Amendment Act 20 of 2006.]
(1)Subject to the provisions of this section, the Government shall constitute a Tribunal consisting of one or more members as it thinks fit to discharge the functions conferred on the Tribunal by or under this Act:Provided that, where the Tribunal consists of one member, that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the Central Legal Service (not below Grade II) for at least three years, or who has been in practice as an advocate for at least ten years, and where the Tribunal consists of more than one member, one such member shall be a person qualified as aforesaid.(2)If the Tribunal consists of more than one member, the Government shall appoint one of the members of the Tribunal to be the Chairman thereof.(3)The qualification of the member or members constituting the Tribunal and the period for which such member or members shall hold office shall be such as may be prescribed.(4)The Government may terminate the appointment of any member of the Tribunal before the expiry of the term of his office if such member,-(a)is adjudged as an insolvent; or(b)engages during his term of office in any paid employment outside the duties of his office; or(c)is or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the Government or participates in any way in the profit thereof or in any benefit or emoluments arising there from; or(d)is in the opinion of the Government, unfit to continue in office by reason of infirmity of mind or body; or(e)is convicted of an offence involving moral turpitude:Provided that, before terminating the appointment of any member under this sub-section, such member shall be given a reasonable opportunity of making representation against such termination of appointment.(5)Any vacancy in the membership of the Tribunal shall be filled up by the Government as soon as practicable.(6)If the Tribunal consists of more than one member, the functions of the Tribunal may be discharged by any of the members sitting either singly or in benches of two or more members, as may be determined by the Chairman.(7)Where, the Tribunal consists of more than one member and they are divided on any matter arising for decision before them, the decision shall be the decision of the majority, if there be a majority; but if the members are equally divided, they shall state the point or points on which they differ and the case shall be referred by the Chairman for hearing on such point or points to one or more of the other members of the Tribunal, and such point or points shall be decided according to the majority of the members of the Tribunal who heard the case, including those who first heard it.(8)Subject to such conditions and limitations as may be prescribed, the Tribunal shall have power to award costs, and the amount of such costs shall be recoverable from the person who is ordered to pay the same as arrears of land revenue.(9)The Tribunal shall, for the purpose of regulating its procedure and disposal of its business, make regulations not inconsistent with the provisions of this Act and the rules made thereunder:Provided that the regulations so made shall not have effect until they are approved by the Government and published in the Official Gazette.(10)Notwithstanding anything contained in this section, the Government may, by notification in the Official Gazette, confer on any Tribunal constituted or functioning under any other law for the time being in force, the powers conferred on a Tribunal by or under this Act and thereupon such other Tribunal shall be deemed to be a Tribunal constituted under this section in relation to the said law notwithstanding anything inconsistent in such other law:Provided that the provisions of sub-section (3) and (4) shall not apply to the Tribunal on which such powers are so conferred.(11)Any proceeding before the Tribunal shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code,1860 (Central Act 45 of 1860)."]
