4Composition of Claims Tribunal and Benches thereof
(1) The Claims Tribunal shall consist of a Chairman, four Vice-Chairmen and such number of Judicial Members and Technical Members as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Claims Tribunal may be exercised by Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Technical Member.
(3) Notwithstanding anything contained in sub-section (1), the Chairman--
(a) may, in addition to discharging the functions of the Judicial Member or the Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench;
(b) may transfer a Vice-Chairman or other Member from one Bench to another Bench;
(c) may authorise the Vice-Chairman or the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Vice-Chairman or, as the case may be, the Judicial Member or the Technical Member of another Bench.
(4) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as a Bench consisting of a single Member and exercise the jurisdiction, powers and authority of the Claims Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may, by general or special order, specify:
Provided that if at any stage of the hearing of any such case or matter, it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer, to such Bench as the Chairman may deem fit.
(5) Subject to the other provisions of this Act, the Benches shall sit at such places as the Central Government may, by notification, specify.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Establishment of Railway Claims Tribunal
- 4 Composition of Claims Tribunal and Benches thereof
- 5 Qualifications for appointment as Chairman, Vice-Chairman or other Member
- 6 Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
- 7 Term of office
- 8 Resignation and removal
- 9 Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
- 9A Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Membe
- 10 Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be such Chairman or Vice-Chairman, etc
- 11 Financial and administrative powers of Chairman
- 12 Staff of Claims Tribunal
- 13 Jurisdiction, powers and authority of Claims Tribunal
- 14 Distribution of business amongst Benches
- 15 Bar of jurisdiction
- 16 Application to Claims Tribunal
- 17 Limitation
- 18 Procedure and powers of Claims Tribunal
- 19 Right to legal representation and presenting officers
- 20 Power of Chairman to transfer cases from one Bench to another
- 21 Decision to be by majority
- 22 Execution of orders of Claims Tribunal
- 23 Appeals
- 24 Transfer of pending cases
- 25 Proceedings before Claims Tribunal to be judicial proceedings
- 26 Members and staff of Claims Tribunal to be public servants
- 27 Protection of action taken in good faith
- 28 Act to have overriding effect
- 29 Power to remove difficulties
- 30 Power to make rules
- 30A Power to make rules retrospectively