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Chapter VI

Miscellaneous


24. Transfer 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.

25. Proceeding 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).

26. Members 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).

27. Protection 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 remove difficulties.

(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 make rules.

(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 other Member;

        (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 Sec. 9;

        (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.