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State of Maharashtra - Section

Section 45 in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

45. Provisions relating to Tribunal.

(1)In exercising the jurisdiction conferred upon it by or under this Act the Tribunal shall have the powers of a Civil Court for the purpose of taking evidence on oath, affirmation or affidavit, or summoning and enforcing the attendance of witnesses, of compelling discovery and the production of documents and material objects, requisitioning any public record or any copy thereof from any court or office, issuing commissions for the examination of witness or documents and for such other purpose as may be prescribed [including the power to grant stay and any other powers of a Civil Court] [These words were substituted for the words 'including any other powers of a Civil Court' by Maharashtra 13 of 1978, Section 6(1).] which may be vested in Tribunal; and the Tribunal shall be deemed to be a Civil Court for all the purposes of sections 195, 480 and 482 of the [Code of Criminal Procedure, 1898] [See now the Code of Criminal Procedure, 1973 (II of 1974).] and its proceedings shall be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code
(1A)[ The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall apply to the filing of every appeal or application made to the Tribunal, under this Act.] [Sub-section (1A) was deemed always to have been inserted by Maharashtra 13 of 1978, Section 6(2).]
(2)In the case of any affidavit to be filed [any officer authorised by the Tribunal or by the President] [These words were substituted for the words 'any officer appointed by the Tribunal' by Maharashtra 13 of 1978, Section 6(3).] in this behalf may administer the oath to the deponent.
(3)[ The State Government shall from time to time place at the disposal of the Tribunal, such officers and other staff to assist the Tribunal as the State Government may from time to time determine. The remuneration and other conditions of service of the officers and other staff shall be such as may from time to time be determined by the State Government.
(3A)The term of office and other conditions of service of the President and the members of the Tribunal shall be such as may be regulated by rules made under section 46.] [Sub-sections (3) and (3A) were substituted for sub-section (3) by Maharashtra 2 of 1987, Section 6(4).]
(4)Subject to the provisions of this Act and to the previous approval of the State Government, the President may make regulations for regulating the practice and procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any process fee, [filing fee or copying or translation fees] [These words were inserted by Maharashtra 2 of 1987, Section 6(5).] (including provisions for recovery thereof in the form of court fee stamps) the right of appearance before the Tribunal, the place or places of its sittings, the disposal by the Tribunal of any proceedings before it notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal and generally for the effective exercise of its powers and discharge of its functions under this Act.
(5)The regulations made under this section shall be published in the Official Gazette.
(6)All orders passed by the Tribunal shall be executed in the same manner in which similar orders, if passed by the State Government, could have been executed.
(7)Notwithstanding anything contained in the Bombay Court-fees Act, 1959 every appeal or application made to the Tribunal shall bear a court-fee stamp of one rupee if the value of the property is ten thousand rupees or less and of two rupees if such value exceeds ten thousand rupees.