Schedule II

(See section 354SA) CONSTITUTION AND POWERS OF COMPENSATION TRIBUNAL 1. Constitution of Tribunal.—(1) The Tribunal shall consist of a President and two assessors. (2) The President of the Tribunal shall be such Judge of the Bombay City Civil Court as may, after consultation with the High Court, be selected by the State Government. (3) The assessors shall be appointed by the State Government. (4) Each assessor of the Tribunal shall receive such remuneration as the State Government may determine. The remuneration shall be paid by the Corporation to the President of the Tribunal for distribution. 2. Rules of procedure to be made by State Government.— (1) The State Government may, by notification in the Official Gazette, make rules, not inconsistent with the Code of Civil Procedure, 1908 (V of 1908), for the conduct of business by Tribunals established under this Act. (2) All such rules shall be subject to the condition of previous publication. 3. Award of Tribunal how to be determined.— (1) For the purpose of determining the award to be made by the Tribunal under the Land Acquisition Act— (a) If there is any disagreement as to the measurement of land or the amount of compensation or costs to be allowed or the determination of betterment charges, the opinion of the majority of the members of the Tribunal shall prevail; (b) questions relating to the determination of the persons to whom the compensation is payable, or the apportionment of compensation, may be tried and decided in the absence of the assessors, if the President of the Tribunal considers their presence unnecessary; and, when so tried and decided, the decision of the President shall be deemed to be the decision of the Tribunal; (c) notwithstanding anything contained in the foregoing clauses (a) and (b), the decision on all questions of law and procedure shall rest solely with the President of the Tribunal. (2) The President of the Tribunal may obtain proof of facts by affidavits, summon witnesses and enforce their attendance, may compel the production of documents, issue commissions for the examination of witnesses by the same means and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908). (3) The proceedings before the Tribunal shall be deemed to be the judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of 1860)]. 1888 : III] The Mumbai Municipal Corporation Act 549