Hearing of Reference by the Tribunal

§4A

Summary

1[ 4-A. (1) The Chairman may from time to time constitute Benches consisting of a single member or two members, for the disposal of such references of claims and other matters as may be specified by him. (2) It shall be lawful for the Chairman to nominate himself as a member of any such Bench. (3) A Bench consisting of two members shall include a Judicial Member and an Administrative Member. 2[ Explanation : For the purposes of this sub-section the Chairman who has been a High Court Judge or a District Judge or a Vice-Chairman who has been a District Judge shall be deemed to be a Judicial Member and the Chairman or Vice-Chairman who has been a member of the Indian Administrative Service or an officer of the Provincial Civil Service (Executive Branch) in the pay scale of Rs. 18400-22400 or above shall be deemed to be an administrative member.] (4) The jurisdiction, bowers and authority of the Tribunal may be exercised by any such Bench and anything done by any such Bench in exercise of such jurisdiction, powers or authority shall be deemed to have been done by the Tribunal. (5)3[ (a) A reference of claim against an order pertaining to a matter specified in the Schedule shall be heard and finally decided by a Bench consisting of two members : Provided that evidence may be received and proceeding there for may be conducted by a single member.] (b)A reference of claim other than that referred to in clause (a) may be heard and finally decided by a Bench consisting of a single member. (c) The Chairman 4[ may on his own initiative or on the application of a party to a reference of claim], transfer a case from one Bench to another Bench. (6) Where the members of a Bench consisting of two members are unable to agree the matter shall be referred to another member nominated by the Chairman and the decision of such other member shall be final and operative. (7) The Tribunal, its Benches and members shall, for transacting business under this Act sit at Lucknow or all such other places as the State Government may direct.]

1[ 4-A. (1) The Chairman may from time to time constitute Benches consisting of a single member or two members, for the disposal of such references of claims and other matters as may be specified by him. (2) It shall be lawful for the Chairman to nominate himself as a member of any such Bench. (3) A Bench consisting of two members shall include a Judicial Member and an Administrative Member. 2[ Explanation : For the purposes of this sub-section the Chairman who has been a High Court Judge or a District Judge or a Vice-Chairman who has been a District Judge shall be deemed to be a Judicial Member and the Chairman or Vice-Chairman who has been a member of the Indian Administrative Service or an officer of the Provincial Civil Service (Executive Branch) in the pay scale of Rs. 18400-22400 or above shall be deemed to be an administrative member.] (4) The jurisdiction, bowers and authority of the Tribunal may be exercised by any such Bench and anything done by any such Bench in exercise of such jurisdiction, powers or authority shall be deemed to have been done by the Tribunal. (5)3[ (a) A reference of claim against an order pertaining to a matter specified in the Schedule shall be heard and finally decided by a Bench consisting of two members : Provided that evidence may be received and proceeding there for may be conducted by a single member.] (b)A reference of claim other than that referred to in clause (a) may be heard and finally decided by a Bench consisting of a single member. (c) The Chairman 4[ may on his own initiative or on the application of a party to a reference of claim], transfer a case from one Bench to another Bench. (6) Where the members of a Bench consisting of two members are unable to agree the matter shall be referred to another member nominated by the Chairman and the decision of such other member shall be final and operative. (7) The Tribunal, its Benches and members shall, for transacting business under this Act sit at Lucknow or all such other places as the State Government may direct.]

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