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The Agricultural Development Corporation Ordinance, 1961 (East Pakistan Ordinance)

( Ordinance NO. XXXVII OF 1961 )

Chapter VII

ACQUISITION, ABANDONMENT OF ACQUISITION AND LEVY OF DEVELOPMENT FEE

Tribunals
40. (1) For the purpose of performing the functions of the Court in reference to the acquisition of land for the Corporation under the Land Acquisition Act, 1894, as modified by this Ordinance, the Government may, by notification in the official Gazette, constitute one or more Tribunals, and may define the local limits of their jurisdiction.
 
 
 
 
(2) The Tribunal shall consist of a President and two Members chosen by the Government.
 
 
 
 
(3) The President of the Tribunal shall be a person qualified to be a Judge of the 1[Supreme Court]:
 
 
 
 
Provided that no person shall be appointed as President or Member of the Tribunal if he suffers from any of the disqualifications mentioned in sub section (1) of section 7.
 
 
(4) The term of office of the President and Members of the Tribunal shall be two years, and they shall be eligi¬ble for re appointment.
 
 
 
 
(5) The Tribunal shall be deemed to be the Court, and the President thereof shall be deemed to be the Judge for the purpose of compulsory acquisition under the Land Acquisition Act, 1894.
 
 
 
 
(6) The President of the Tribunal shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 to summon and enforce the attendance of witnesses and to compel the production of documents.
 
 
 
 
(7) The Government may, in its discretion, remove a Member of the Tribunal on grounds of inefficiency, misconduct, or for any other good and sufficient reasons.
 
 
 
 
(8) The Government may by rules provide for
 
 
 
 
(a) the method of filling a casual vacancy on a Member becoming incapacitated to work on account of illness or for any other reasons;
 
 
 
 
(b) the employment by the President of the Tribunal of such ministerial staff as is necessary to carry on the work of the Tribunal and their scales of pay;
 
 
 
 
(c) the emoluments or allowances to be paid to the President and the Members of the Tribunal;
 
 
 
 
(d) the grant of leave, promotion, or taking of disciplinary action by the President of the Tribunal in respect of the ministerial staff employed under him; and
 
 
 
 
(e) generally, for the conduct of business before the Tribunal.
 
 
 
 
(9) For the purpose of the award to be made by the Tribunal under the Land Acquisition Act, 1894, the following rules shall apply, that is to say-
 
 
 
 
(a) if there is disagreement between the Members of the Tribunal regarding measurement of land, or the amount of compensation or costs, the opinion of the majority shall prevail;
 
 
(b) the decision on questions of law and procedure shall rest solely with the President of the Tribunal;
 
 
 
 
(c) the President of the Tribunal shall not be bound to consult the Members in regard to the determination of persons to whom compensation is to be paid, or the apportionment thereof, and may in his discretion dispose of such question singly and in that case his decision shall be deemed to be the decision of the Tribunal.
 
 
 
 
(10) Every award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894, and shall be enforced by the Subordinate Judge within whose jurisdiction the land under acquisition is situated as if it were the decree of that Court.

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    The words “Supreme Court” were substituted for the words “High Court” by section 10 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)
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