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Section 196 - Railway Tribunal in Government of India Act, 1935 [Repealed]

snapp 196 GOIA[ 1935 0 Notes

Railway Tribunal.

1 [196. Railway Tribunal

(1) There shall be a Tribunal (in this Act refered to as"the Railway Tribunal") consisting of a President and two other personsto be selected to act in each case by the Governor-General in his discretionfrom a panel of eight persons appointed by him in his discretion, being personswith railway, administra-tive, or business experience.

(2) The President shall be such one of the Judges of theFederal Court as may be appointed for the purpose by the Governor-General in hisdiscretion after consultation with the Chief Justice of India and shall holdoffice for such period of not less than five years as may be specified in theappointment, and shall be eligible for re-appointment for a further period offive years or any less period:

Provided that, if the President ceases to be a Judge of theFederal Court, he shall thereupon cease to be President of the Tribunal and, ifhe is for any reason temporarily unable to act, the Governor-General in hisdiscretion may after the like consulation appoint another Judge of the FederalCourt to act for the time being in his place.

(3) It shall be the duty of the Railway Tribunal toexercise such jurisdiction as is conferred on it by this Act, and for thatpurpose the Tribunal may make such orders, including interim orders, ordersvarying or discharging a direction or. other of the Authority, orders for thepay-ment of compensation or damages and of costs and orders for the pro-ductionof documents and the attendance of witnesses, as the circumstances of the casemay require, and it shall be the duty of the Authority and of every FederatedState and of every other person or authority affected thereby to give effect toany such order.

(4) An appeal shall lie to the Federal Court from anvdecision of the Railway Tribunal on a question of law, but no appeal shall liefrom the decision of the Federal Court on any such appeal.

(5) The Railway Tribunal or the Federal Court, as the casemay be, may, on application made for the purpose, if satisfied that in view of analteration in the circumstances it is proper so to do, vary or revoke anyprevious order made by it.

(6) The President of the Railway Tribunal may, with theapproval ofthe Governor-General in his discretion, make rules regulating thepracticeand procedure of the Tribunal and the fees to be taken in proceedingsbefore it.

(7) Subject to the provisions of this section relating toappeals to the Federal Court, no Court shall have any jurisdiction with respectto any matter with respect to which the Railway Tribunal has jurisdiction.

(8) There shall be paid out of the Federation to themembers of the Railway Tribunal other than the President such remuneration as maybe determined by the Governor-General in his discretion, and the administrativeexpenses of the Railway Tribunal, including any such remunerationas aforesaid,shall be charged on the revenues of the Federation, and any fees or other moneystaken by the Tribunal shall form part of those revenues.

The Governor-General shall exercise his individual judgmentas to the amount to be included in respect of the administrative expenses of theRailway Tribunal in any estimates of expenditure laid by him before theChambers of the Federal Legislature.

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1. Omitted, by the India (Provisional Constitution)Order, 1947.

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