Bare Act
Chapter XII TRIBUNAL
Infrastructure2012113 sections14 chapters
Chapter XII TRIBUNAL
79. Constitution of Tribunal
Statutory text
Constitution of Tribunal.-The Government may constitute such number of Tribunals as it may consider necessary for hearing appeals against the orders of a Planning Authority under the Act, and no Civil Court shall have jurisdiction to decide such disputes.
- (1) The Tribunal shall consist of a Chairman, and at least two other members.
- (2) The Chairman shall be a person who is or has been a District Judge and shall be appointed or deputed by the Government.
- (3) The members shall be persons who shall as far as possible have knowledge or experience of town planning or valuation of land or civil engineering, architecture, administrative or legal matters.
- (4) The Chairman and the other members shall be appointed members of the Tribunal for such period as may be prescribed by the Government.
- (5) The Government may, if it thinks fit, remove for incompetence or misconduct or any other good and sufficient reason, the Chairman and/ or any member appointed under sub-section (4).
- (6) If the Chairman or the member is removed or dies or refuses or neglects to act or becomes incapable of acting, the Government shall appoint forthwith a fit and proper person to take the place of such Chairman or the member.
- (7) The Tribunal shall have the same powers as are vested in a Civil Court under the code of Civil Procedure, 1908, in respect of the hearing of an appeal.
Chapter XII TRIBUNAL
80. Remuneration of Chairman and Members and payment of incidental expenses of Tribunal of Appeal
Statutory text
Remuneration of Chairman and Members and payment of incidental expenses of Tribunal of Appeal.-
- (1) The Chairman and the members shall, save where they are Government officers, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the Government may, from time to time, decide. Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the Government may authorize the Chairman and the members, even in case of salaried Government Officers, to receive such special salary or remuneration, as the Government may, by order, decide from time to time.
- (2) The salary of the Chairman of the Tribunal of Appeal or a member who is a salaried Government Officer, and any remuneration payable under Sub-Section (1) of this section and all expenses incidental to the working of the Tribunal of Appeal shall, unless the Government otherwise determines, be defrayed out of the fund of the Planning Authority and shall be added to the cost of the scheme.
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