37[Jurisdiction and powers of Settlement Commission.
22BA. (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 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 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.
38[(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 in the Official Gazette,
specify 38[and the Special Bench shall sit at a place to
be fixed by the Chairman.]