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State of Assam - Section

Section 14 in Assam Land Grabbing (Prohibition) Act, 2010

14. Constitution of the Special Court.

(1)The Government shall, for the purpose of entertaining and disposal of appeals arising out of any Judgment and order of the Special Tribunal, by notification published in the Official Gazette, Constitute a Special Court for the whole of the State of Assam.
(2)A Special Court shall consist of a Chairman and two other members to be appointed by the Government.
(3)The Chairman shall be a person who was or has been a Judge /f of the High Court and of the other two members, one shall be a person who was or has been a District and Sessions Judge (hereinafter referred to as Judicial Member) and other shall be a person who was or has been a member of the Indian Administrative Service holding or has held a post not below the rank of Secretary to the Government with Special V Knowledge or experience in revenue matters (hereinafter referred to a Revenue Member):Provided that the appointment of a person who was a Judge of the High Court as the Chairman or a District and Sessions Judge as a member respectively of the Special Court shall be made after consultation with the Chief Justice of the Gauhati High Court: Special Court to make regulations.Provided further that where a sitting Judge of the High Court is to be appointed as a Chairman such appointment shall be made after nomination by the Chief Justice of the Gauhati High Court with the concurrence of the Chief Justice of India.
(4)The salary and allowances of the Chairman and the members of the Special Court shall be such as may be prescribed.
(5)No person shall be retained as a Chairman of the Special Court after he has attained the age of sixty five years and as a member after he has attained the age of sixty two years.
(6)The Chairman or other members shall hold office as such for a term of 3 (three) years from the date on which he enters his office :Provided that the Government may re-appoint the Chairman or any. other members after expiry of the original term of three years unless such Chairman or member has not attained the age of sixty five years or sixty two yearn respectively:Provided further that while making re-appointment of Chairman or any other member, the provisions provided under the provides of sub-section (3) shall be followed.
(7)The quorum to constitute a meeting of the Bench of the Special Court shall be two.