Provided, that no person: shall be so appointed unless he is a Judge of a High Court.
(2) If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding officer of the,Tribunal, then, the Central Government shall appoint another person in accordance with the provisions, of this, section to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.
(3) The Central Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act.
(4) All expenses incurred: in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India.
(5) Subject. to the provisions of section 9, the Tribunal shall have power to regulate its own procedure. in all matters arising out of the discharge of its functions including the place or places at which it will hold its sittings.
(6) The Tribunal shall, for the purpose of making an inquiry under, this Act, have the same power as are vested in a civil court under the Code of Civil Procedure, 19085 of 1908., while trying a suit, in respect of the following matters namely:-
- (a) the summoning and enforcing the attendance of any witness and examining him on oath;
- (b) the discovery and production of- any document or other material object producible as evidence;
- (c) the reception of evidence on affidavits;
- (d) the requisitioning of any public record from any court or office;
- (e) the issuing of any commission for the examination of witnesses.
(7) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code45 of 1860. and the Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 18985 of 1898..
Period of Operation and cancellation of notification. 6. (1) Subject to the provisions of sub-section (2), a notification issued under section 3 shall, if the declaration made therein is confirmed by the Tribunal by a n order made under section 4, remain force for a period of two years from the date on which the notification becomes effective.
