BIHAR STATE HOUSING BOARD ACT, 1982
Chapter VIII CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
Chapter VIII CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
52. Constitution of a Tribunal for certain purposes.
(1) Notwithstanding anything contained in the Land Acquisition Act 1894 (Act of 1894) the Government may constitute tribunal for the purpose of performing the functions of the court with reference to the acquisition of land for the Board under the said Act to and for deciding such other matters as may be prescribed. (2) The Tribunal shall consist of one member only who shall be a judicial officer not below the rank of a District Judge appointed by the government in this behalf. (3) The Tribunal shall have the same powers as are vested in a civil court under the code f civil procedure, 1908 (Act 5 of 1908). (4) The proceeding before the tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 228 of the India Penal Code (Act 45 of 1839).
Chapter VIII CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
53. Officers and servants of the Tribunal
The Tribunal may, with the previous sanction of the Government, appoint such officers and servants as it considers necessary for carrying on its business, and the remuneration and other conditions of service of such officers and servants shall be such as may be prescribed.
Chapter VIII CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
54. Payments by Board on account of Tribunal
The amount necessary for the payment of remuneration, salaries, allowances and other contributions payable to the judicial officer appointed as the tribunal and of the officers and servants of the Tribunal shall be paid out of the funds of the Board.
Chapter VIII CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
55. Power to make rules for Tribunal
(1) the Tribunal may, from time to time, with the previous sanction of the State Government, make rules not repugnant to the Code of Civil Procedure, 1908 (Act 5 of 1908) for the conduct of business by the Tribunal. (2) All such rules shall be published in the official Gazette.
Chapter VIII CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
56. Appeals from award of Tribunal
(1) Notwithstanding anything to the contrary in the Land Acquisition Act, 1894 (Act 1 of 1894), the award of the Tribunal in relation to the acquisition of land shall be deemed to be the award of the court under the said Act. (2) Any person who does not agree to the amount of the compensation awarded by the Tribunal for the land acquired for the Board under the Land Acquisition Act 1894 (Act. 1 of 1894) or to the persons to whom it is payable or to the apportionment of the compensation among these persons may, within sixty days from the date of the award of the tribunal, prefer and appeal to the High Court: Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time. (3) Any award of the Tribunal referred to in sub-section (1) sub-section (2) and any decision of the tribunal on any matter referred to it under this Act shall be final and shall not be liable to be questioned in any court of law.
Chapter VIII CONSTITUTION OF TRIBUNAL AND ITS FUNCTIONS
57. Enforcement of the award or order of the Tribunal
every award of the Tribunal and every order made by the Tribunal for the payment of money, for the delivery of possession or removal of any structures shall be enforced by the District Court in the jurisdiction of which the land comprised in the scheme is situated as if it were a decree of the Court.
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