of pending cases.
(1) Every suit,
claim or other legal proceeding (other than an appeal) pending
before any Court, Claims Commissioner or other authority immediately
before the appointed day [or as the case may be, the date of commencement
of the provisions of sub-section (1-A) of Sec, 13], being a suit,
claim or proceeding the cause of action whereon it is based is
such that it would have been, it it had arisen after the appointed
day [or as the case may be, the date of commencement of the provisions
of sub-section (1-A) of Sec. 13], within the jurisdiction of the
Claims Tribunal shall transferred on [that day or, as the case
may be, date] to the Claims Tribunal.
(2) Where any
suit, claim or other legal proceeding stands transferred from
any Court Claims Commissioner or other authority to the Claims
Tribunal under sub-section (1),-
(a) the Court, Claims Commissioner or other authority shall, as
soon as may be after such transfer, forward the records of such
suit, claim or other legal proceeding to the Claims Tribunal;
(b) the Claims Tribunal may, on receipt of such records, proceed
to deal with such suit, claim or other legal proceeding, so far
as may be, in the same manner as an application, from the stage
which was reached before such transfer or from any earlier stage
or de novo as the Claims Tribunal may deem fit.
before Claims Tribunal to be judicial proceedings.-All proceedings
before the Claims Tribunal shall be deemed to be judicial proceedings
within the meaning of Secs. 193, 219 and 228 of the Indian Penal
Code (45 of 1860).
and staff of claims Tribunal to be public servants.- The Chairman,
Vice-Chairman and other Members and the officers and other employees
of the Claims Tribunal shall be deemed to be public servants within
the meaning of Sec.21 of the Indian Penal Code (45 of 1860).
of action taken in good faith.- No suit, prosecution or other
legal proceeding shall lie against the Central Government or against
the Chairman, vice-Chairman or other Member, or any other
person authorised by the Chairman, Vice-Chairman or other Member
for anything which is in good faith done or intended to be done
in pursuance of this Act or any rule or order made thereunder.
28. Act to
have overriding effect.-The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained
in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
29. Power to
(1) If any difficulty
arises in giving effect to provisions of this Act, the Central
Government may, by order published in the official Gazette, make
such provisions, not inconsistent with the provisions of this
Act, as appear to it to be necessary or expedient for removing
the difficulty :
Provided that no such order shall be made after the expiry of
a period of three years from the appointed day.
(2) Every order
made under this section shall, as soon as may be after it is made,
be laid before each House of Parliament.
30. Power to
(1) The Central
government may, by notification, make rules to carry out the provisions
of this Act.
(2) Without prejudice
to the generality of the foregoing powers, such rules may provide
for all or any of the following matters, namely :
(a) the procedure under sub-section (3) of Sec. 8 for the investigation
of misbehaviour or incapacity of the Chairman, Vice-Chairman or
(b) Salaries and allowances payable to, and the other terms and
conditions of service (including pension, gratuity and other retirement
benefits) of the Chairman, Vice-Chairman and other Members under
(c) the financial; and administrative powers which the Chairman
may exercise over the Benches under Sec. 11;
(d) the salaries and allowances and conditions of service of officers
and other employees of the Claims Tribunal under sub-section (3)
of Sec. 12;
(e) the form of application, the documents and other evidence
to be accompanied with such application and fee in respect of
filing of such application and fee for the service or execution
of processes under sub-section (2) of Sec. 16;
(f) the rules subject to which the Claims Tribunal shall have
powers to regulate its own procedure under sub-section (1) of
Sec. 18 and the additional matters in which the Claims Tribunal
may exercise powers of civil Court under Cl. (i) of sub-section
(3) of that section ;
(g) Any other matter which is required to
be, or may be, prescribed.
(3)Every rule made
this Act shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.