103B. [ Composition of the State Land Reforms Tribunal. [Substituted by Act No. 2 of 1990.]
(1)The State Land Reforms Tribunal shall consist of a Chairman, who shall be a Judge of a High Court and two other members, of whom one shall be a person who is, or has been, or is qualified to be, a Judge of the High Court and the other shall be a person who is, or has been, an officer of the Government not below the rank of a Secretary to the State Government as the Government may think to appoint to perform the functions assigned to the State Land Reforms Tribunal by or under this Act:Provided that appointment of Chairman and other members shall be made in consultation with the Chief Justice of the High Court of Kerala.(2)Any vacancy in the office of a member of the State Land Reforms Tribunal shall be filled by the Government.(3)(a)Subject to the provisions of clause (b), the functions of the State Land Reforms Tribunal may be performed-(i)by a Bench consisting of the Chairman and any other member; or(ii)by a Bench consisting of the Chairman and two other members; or(iii)by a Bench consisting of two members other than the Chairman.(b)The powers of the State Land Reforms Tribunal under this Act may be exercised by a Bench consisting of the Chairman or a single member.(4)If any case which comes up before a Bench consisting of a single member other than the Chairman, or a Bench consisting of more than one member, of which the Chairman is not a member, involves a question of law, the Bench may, in its discretion, reserve such case for decision by the Chairman or by a Bench to be constituted under subsection (5), of which the Chairman shall be a member.(5)The Bench or Benches of the State Land Reforms Tribunal shall be constituted by the Chairman in accordance with the provisions of this Act or the rules made thereunder.(6)If the members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, and if the members are equally divided, they shall state the point or points on which they differ and such point or points shall be heard-(i)when the Chairman is not a member of that Bench, either by the Chairman or by the Chairman and any other member as the Chairman may direct; and(ii)when the Chairman is a member of that Bench, by any other member to whom the case is referred by the Chairman and such point or points shall be decided according to the opinion of the majority of the members of the Tribunal who have heard the case, including those who first heard the case.(7)Any member who has previously dealt with any case coming up before the State Land Reforms Tribunal, in any other capacity or is personally interested in any case coming up before the State Land Reforms Tribunal shall be disqualified to hear that case.(8)Where any case is heard by a Bench consisting of two members and the members are divided in their opinion on any point and the other member or members of the State Land Reforms Tribunal are disqualified under sub-section (7) to hear the case, the Government may appoint a person who is or has been a judge of a High Court to be an additional member of the Tribunal and the point shall be decided in accordance with the opinion of the majority of the members of the State Land Reforms Tribunal who have heard the case including those who first heard it.(9)The additional member appointed under sub-section (8) shall cease to hold office on the disposal of the case for which he was appointed.(10)The State Land Reforms Tribunal shall, with the previous sanction of the Government, make regulations consistent with the provisions of this Act and the rules made thereunder, for regulating its procedure and the disposal of its business.(11)The regulations made under sub-section (10) shall be published in the Gazette.]
