(1)The Government shall, by notification in the official Gazette, constitute a Revenue Tribunal to be known as "The Mizoram State Revenue Tribunal" (hereinafter referred to as the Tribunal) for deciding appeals under this Act.(2)The Tribunal shall consist of one person, or as may be decided by the Government, to be designated as Chairman or Member, as the case may be, of the Tribunal and appointed by notification to be published in the Official Gazette by the Government.(3)A person shall not be qualified for appointment as the Chairman or Member of the Tribunal, unless he -(a)has been, or is qualified to be, a Judge of a High Court; or(b)has held office, either in the Government of India or in a State Government, not lower in rank than that of Secretary to the Government of India, or that of Principal Secretary or Additional Chief Secretary to any State Government for a minimum period of two years, as the case may be, having adequate experience in land and revenue administration.(4)The Chairman or Member, as the case may be, of the Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty five years, whichever is earlier.(5)The salaries and allowances and the terms and conditions of service of the Chairman or Member shall be as prescribed by rules.Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or the Member shall be varied to his disadvantage during his term of office.(6)If, for reasons other than temporary absence, any vacancy occurs in the office of the Chairman or the Member, then the Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.(7)A Chairman or Member may, by notice in writing under his hand addressed to the Government resign from his office.Provided that the Chairman or Member shall, unless he is permitted by the Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.(8)A Chairman or Member shall not be removed from his office except by an order by the Government on the ground of proven misbehaviour or incapacity after an enquiry made under the provisions of the Commission of Inquiry Act, 1952 (60 of 1952) which stands adapted and applied for the purposes of this Act.(9)No order of the Government appointing any person as Chairman or Member shall be called in question in any manner, and no act or proceeding before the Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of the Tribunal.(10)The Government shall provide the Tribunal with such officers and other employees on such conditions of service as may be prescribed by rules.(11)(a)The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of justice and the spirit of the provisions of the Code, and subject to other provisions of this Act and the rules made thereunder, the Tribunal shall have powers to regulate its own procedure including the place at which it will have its sittings.(b)The Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while disposing of any appeal, in respect of the following matters, namely:-(i)summoning and enforcing the attendance of any person and examining him on oath;(ii)requiring discovery and production of documents;(iii)receiving evidence on affidavits;(iv)issuing commissions for the examination of witnesses or documents;(v)reviewing its decisions;(vi)dismissing any appeal for default or deciding it ex parte;(vii)setting aside any order of dismissal of any appeal for default or any order passed by it ex parte; and(viii)any other matter as may be prescribed by rules.(c)Every proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code, 1860 (45 of 1860) and the Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.(12)The person who preferred an appeal hereinafter called "appellant". An appellant may either appear in person or authorized one or more legal practitioners and, in the case of a Government department or a corporate body, it may authorize in writing any of its officers or Law Officers to present the case before the Tribunal.(13)If an appeal is preferred to the Tribunal, the appellant shall deposit appeal fee as fixed by the Government from time to time.(14)The Chairman and/or Member (s) and the officers and employees of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
