section 49F
Gangtok Municipal Corporation Tribunal.
The Gangtok Municipal Corporation Act, 1975(1) The State Government shall constitute a Tribunal to be called the Gangtok Municipal Corporation Tribunal for the purpose of hearing appeals against the orders made or the notices or requisitions issued by the Corporation under this Act or any rule or bye-law made thereunder.
(2) The Tribunal shall consist of -
(a) the District Judge;
(b) an officer not below the rank of a Joint Secretary to the State Government who has been a member of Judicial Service of any State for a period of not less than seven years;
(c) an officer who is or has been a member of the Sikkim Judicial Service.
(3) The District Judge shall be the President of the Tribunal and during his absence on leave or otherwise, the officer at clause (b) of sub-section (2) shall be the President of the Tribunal.
(4) The Tribunal shall have the power to regulate its own procedure.
(5) The quorum of the Tribunal shall be two members.
(6) The State Government may, on a request made by the President of the Tribunal, nominate not more than two other persons to be members of the Tribunal for specific purposes.
(7) Each member of the Tribunal shall be entitled to receive such remuneration, either by way of monthly salary or by way of honorarium or fees as the State Government may determine.
(8) The Tribunal shall, for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:-
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) compelling the production of accounts and documents;
(c) issuing commissions for the examination of witnesses,
and every proceeding under this Act before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code.
(9) The Tribunal may in disposing of an appeal, exercise the same powers, as the Corporation.
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