(1) Where any association has been declared unlawful by a notification issued under sub-section (2) of section 3, the Central Government shall, within thirty days from the date of the publication of the notification under the said sub-section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.
(2) On receipt of a reference under sub-section (2), the Tribunal shall call upon the association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful.
(3) After considering the cause, if any, shown by the association or the office-bearers or members thereof, the Tribunal shall hold an inquiry in the prescribed manner and after calling for such furthei information as it may consider necessary from the Central Government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiously as possible, such order as it may deem fit either confirming the declaration made in the notification or cancelling the same.
(4) The order of the Tribunal made under sub-section (3) shal be published in the Official Gazette.
Reference to Tribunal.
5, (1) The Central Government may, by notification in the Official Gazette, constitute, as and when necessary, a tribunal to be known as the "Unlawful Activities (Prevention) Tribunal" consisting, of a Chairman and two other members to be appointed by the Central Government.
TribnnaU.
238 THE GAZETTE OF INDIA EXTtyAOEOIJNABY tPiWr U
(2) The Chairman of the Tribunal shall be a person who ip, or has been, a Judge of a High Court and the members therepi shaJJ b£ persons who are qualified to be Judges of High Court.
(3) A person shall be disqualified for being appointed or for continuing as member of the Tribunal if he has directly or indirectly any interest in any association which has been declared unlawful under section 3.
(4) The Chairman or any other member of the Tribunal may resign his office by writing under his hand addressed to the Central Government, but shall continue in office until the appointment of his successor is notified in the Official Gazette.
(5) A casual vacancy caused by the resignation of the Chairman or any other member of the Tribunal under sub-section (4) or otherwise ^hall be filled by fresh appointment.
{$) ISfo act or proceeding ,of the Tribunal shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.
(7) The Chairman and other members of the Tribunal shall receive such remuneration and shall be governed by such conditions of service as the Central Government may determine:
Provided that the remuneration of the Chairman or any other member shall not be varied to his disadvantage after his appointment.
(8) The Central Government shall make available .to the Tribunal sych staff as may be necessary for the discharge of Its functions under this Ordinance.
(9) All expenses incurred in connection with the Tribunal shall be .defrayed out of the Consolidated Fund of India.
(10) The Tribunal shall have power to regulate its pwn procedure in all matters arising out of the discharge of its functions including the place or places at which it will hold its sittings.
(11) In the case of a difference of opinion among the members of the Tribunal, the opinion of the majority shall prevail and orders of the Tribunal shall be expressed in terms of th^ views of the majority.
(12) The Tribunal shall, for the purpose of making an inquiry under this Ordinance, have the same powers as are vested in, a civil SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 539 i of 1908. court under the Code of Civil Procedure, 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) thv 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.
45 of i860.
5 of 189S.
(13) 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 Code and the Tribunal shall be1 deemed to be a civil court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898.