64[Jurisdiction and powers of Settlement Commission.
245BA. (1) Subject to the
other provisions of this Chapter, the jurisdiction, powers and authority of the
Settlement Commission may be exercised by Benches thereof.
(2) Subject to the other
provisions of this section, a Bench shall be presided over by the Chairman or a
Vice-Chairman and shall consist of two other Members.
(3) The Bench for which the
Chairman is the Presiding Officer shall be the principal Bench and the other
Benches shall be known as additional Benches.
(4) Notwithstanding
anything contained in sub-sections (1) and (2), the Chairman may authorise the
Vice-Chairman or other Member appointed to one Bench to discharge also the
functions of the Vice-Chairman or, as the case may be, other Member of another
Bench.
(5) Notwithstanding
anything contained in the foregoing provisions of this section, and subject to
any rules that may be made in this behalf, when one of the persons constituting
a Bench (whether such person be the Presiding Officer or other Member of the
Bench) is unable to discharge his functions owing to absence, illness or any
other cause or in the event of the occurrence of any vacancy either in the
office of the Presiding Officer or in the office of one or the other Members of
the Bench, the remaining two persons may function as the Bench and if the
Presiding Officer of the Bench is not one of the remaining two persons, the
senior among the remaining persons shall act as the Presiding Officer of the
Bench :
Provided that if at any stage
of the hearing of any such case or matter, it appears to the Presiding Officer
that the case or matter is of such a nature that it ought to be heard of by a
Bench consisting of three Members, the case or matter may be referred by the
Presiding Officer of such Bench to the Chairman for transfer to such Bench as
the Chairman may deem fit.
65[(5A) Notwithstanding
anything contained in the foregoing provisions of this section, the Chairman
may, for the disposal of any particular case, constitute a Special Bench
consisting of more than three Members.]
(6) Subject to the other provisions
of this Chapter, the places at which the principal Bench and the additional
Benches shall ordinarily sit shall be such as the Central Government may, by
notification 66 in the Official
Gazette, specify 65[and the Special
Bench shall sit at a place to be fixed by the Chairman.]]
