Constitution and reconstitution of Tribunals.

§2A

Summary

1[2A. Constitution and reconstitution of Tribunals.- (1) The State Government may, by notification in the Official Gazette, from time to time, constitute as many Tribunals as may be necessary for such area or areas and for such purpose or purposes of this Act or for such provision or provisions thereof as may be specified in the notification. (2) Where a Tribunal is constituted or reconstituted for the purpose of determining surplus land under the provisions of this Act, the Tribunal shall be called the Surplus Lands Determination Tribunal. Where a Tribunal is constituted or reconstituted for the purpose of distributing surplus land under this Act, it shall be called the Lands Distribution Tribunal. (3) Each Tribunal shall consist of not less than three members of whom one shall be a person who holds or has held a civil post under the State not below the rank of a Tahsildar and such person shall be the Chairman of the Tribunal. (4) The State Government may, from time to time, likewise reconstitute any Tribunal constituted under sub-section (1), or may at any time abolish such Tribunal. The State Government may also at any time by order in writing discontinue or remove any member from the Tribunal without assigning any reason. (5) The quorum to constitute a meeting of the Tribunal and the procedure to be followed by it shall be such as may be prescribed : 2[Provided that, where within half an hour of the time fixed for the meeting of the Tribunal there is no quorum as may be so prescribed, and if the Chairman alone is present, he shall be deemed to be the necessary quorum to constitute the meeting of the Tribunal. He shall proceed further with the meeting, and record his decision in the proceedings as a decision of the Tribunal.] (6) 3[Save as otherwise provided in sub-section (5), all decisions of a Tribunal] shall be by a majority opinion of the members present; and where the opinion is equally divided, the decision of the Chairman shall be the decision of the Tribunal : Provided that, where the Chairman differs from the majority opinion on the ground that the decision is inconsistent with the provisions of this Act or any rules made thereunder or with evidence recorded in the proceedings, he shall make a reference to the Collector pointing out the inconsistencies for which he differs from the majority opinion. He shall also forward proceedings of the case to the Collector. On receipt of the reference, the Collector shall himself hear and dispose of the proceedings as expenditiously as possible. (7) No act or proceedings of any such Tribunal shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution or reconstitution thereof. (8) There shall be paid to the members of the Tribunal other than Chairman such travelling allowances, daily allowance and other allowances for attending the sittings of the Tribunal as are admissible to officers of Class I, and the terms and conditions of appointment of members including their term of office shall be such as the State Government may, from time to time, by order determine. The Chairman shall be entitled to such allowances as the State Government may by order determine. (9) Notwithstanding anything contained in this section or any rules or orders, made thereunder, a member of the State Legislature while holding the office of member of the Tribunal shall not be entitled to receive any remuneration or allowance other than travelling allowances, daily allowance, or such other allowance which is paid to the holder of such office for the purpose of meeting the personal expenditure incurred in attending the siting of the Tribunal or in performing any other functions of the Tribunal.]

1[2A. Constitution and reconstitution of Tribunals.- (1) The State Government may, by notification in the Official Gazette, from time to time, constitute as many Tribunals as may be necessary for such area or areas and for such purpose or purposes of this Act or for such provision or provisions thereof as may be specified in the notification. (2) Where a Tribunal is constituted or reconstituted for the purpose of determining surplus land under the provisions of this Act, the Tribunal shall be called the Surplus Lands Determination Tribunal. Where a Tribunal is constituted or reconstituted for the purpose of distributing surplus land under this Act, it shall be called the Lands Distribution Tribunal. (3) Each Tribunal shall consist of not less than three members of whom one shall be a person who holds or has held a civil post under the State not below the rank of a Tahsildar and such person shall be the Chairman of the Tribunal. (4) The State Government may, from time to time, likewise reconstitute any Tribunal constituted under sub-section (1), or may at any time abolish such Tribunal. The State Government may also at any time by order in writing discontinue or remove any member from the Tribunal without assigning any reason. (5) The quorum to constitute a meeting of the Tribunal and the procedure to be followed by it shall be such as may be prescribed : 2[Provided that, where within half an hour of the time fixed for the meeting of the Tribunal there is no quorum as may be so prescribed, and if the Chairman alone is present, he shall be deemed to be the necessary quorum to constitute the meeting of the Tribunal. He shall proceed further with the meeting, and record his decision in the proceedings as a decision of the Tribunal.] (6) 3[Save as otherwise provided in sub-section (5), all decisions of a Tribunal] shall be by a majority opinion of the members present; and where the opinion is equally divided, the decision of the Chairman shall be the decision of the Tribunal : Provided that, where the Chairman differs from the majority opinion on the ground that the decision is inconsistent with the provisions of this Act or any rules made thereunder or with evidence recorded in the proceedings, he shall make a reference to the Collector pointing out the inconsistencies for which he differs from the majority opinion. He shall also forward proceedings of the case to the Collector. On receipt of the reference, the Collector shall himself hear and dispose of the proceedings as expenditiously as possible. (7) No act or proceedings of any such Tribunal shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution or reconstitution thereof. (8) There shall be paid to the members of the Tribunal other than Chairman such travelling allowances, daily allowance and other allowances for attending the sittings of the Tribunal as are admissible to officers of Class I, and the terms and conditions of appointment of members including their term of office shall be such as the State Government may, from time to time, by order determine. The Chairman shall be entitled to such allowances as the State Government may by order determine. (9) Notwithstanding anything contained in this section or any rules or orders, made thereunder, a member of the State Legislature while holding the office of member of the Tribunal shall not be entitled to receive any remuneration or allowance other than travelling allowances, daily allowance, or such other allowance which is paid to the holder of such office for the purpose of meeting the personal expenditure incurred in attending the siting of the Tribunal or in performing any other functions of the Tribunal.]

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