Act 2013 - Department of Land Resources

Src.2lTHE CAZETTE OF INDIA EXTRAORDINARY255 of 1908.5 of 190845 of 1860.2 ot 1914.45 of 1860.58. (1) The Presiding Officer ofan Authority may, by notice in writing under his handaddressed to the approPriate Govemment, resign his oflice:Provided that the Presiding Oflicer shall' unless he is permitted by the appropriateCovernment to relinquish his olfice sooner' continue to hold office until the expiry ofthreemonths from the date of receiPt of such notice or until a person duly appointed as hissuccessor enters upon his offica or until the expiry ofhis term ofoffice, whichever is earlier(2) The Presiding Officer of an Authority shall not be removed from his office except byan order made by the appropriate CoYemment on the ground of Proven misbehaviour orincapacity after inquiry in the case ofthe Presiding Officer ofan Authority made by a Judgeofa High Court in which the Presiding Ofticer concemed has been informed ofthe chargesagainst him and given a reasonable opportunity ofbeing heard in respect oflhese charges.(3) The appropriate Covqrnment may, by rules, regulate the procedure for lheinvestigation of misbehaviour or incapacity ofthe aforesaid Presiding Officer59. No order ofthe appropriate Govemment appointing any person as the PresidingOfficer ofan Authority shall be called in question in any manner, and no act or proceedingbefore an Authority shall be called in question in any manner on the ground merely ofanydefect in the constitution of an Authority.60. ( /) The Authority shall, for the purposes ofits functions under this Act, shall havethe same powers as are vested in a civil coun under the Code of Civil Procedure, 1908 inrespect ofthe [ollowing matters, namely:-on oath;(a) summoning and enforcing the attendance ofany person and examining him(6) discovery and production ofany document or other material object producibleas evidence;(c) receiving evidence on affidavits;(d) requisitioning ofany public record;(e) issuing commission for lhe examination ofwitnesses;(7) reviewing its decisions, directions and orders;G) any other matter which may be prescribed.(2) The Authority shall have original jurisdiction to adjudicate upon every referencemade to it under section 64.(J) The Authority shall not be bound by the procedure laid down in the Code ofCiyilProcedure, I 908 but shall be guided by the principles of natural justice and subject to theother provisions ofthis Act and ofany rules made thereunder, the Authority shall have thepower to regulate its own procedure.(4) The Authority shall, after receiving reference under section 64 and after givingnotice of such reference to all the parties concerned and after affording opportunity ofhearing to all parties, dispose ofsuch reference within a period ofsix months from the date ofreceipt ofsuch reference and make an award accordingly.(5) The Authority shall arrange to deliver copies ofthe award to the parties concemedwithin a period offifteen days fiom lhe date ofsuch award.61. All proceedings before the Authority shall be deemed to bejudicial proceedingswithin the meaning ofsections I93 and 228 ofthe Indian Penal Code and the Authority shallbe deemed to be a civil court for the purposes ofsections 345 and 346 ofthe Code ofCriminalProcedure, 1973.62. The Member and officers ofthe Authority shall be deemed to be public servantswithin the meaning ofsection 2l ofthe Indian Penal Code.Rcsignationand removal.OrdersconstilutingAuthorily rob€ final andnot toinvalidate iisproceedings.Powers ofAulhority andprocedurebeforc it.ProccedingsbefbreAuthoflty tob€judicialprocecdinBs.Members andofficers ofAulhority tobe publicservants.