Bare ActsThe Calcutta Special Tribunal ( Change Of Composition ) Act, 1950

Section 3

Amendment status not verified — confirm the current text below against the official source.

(1) As from the commencement of this Act, the principal Ordinance shall- apply in relation to the Tribunal and to the cases not disposed of by it before the commence- ment of this Act subject to the following modifications, namely (a) in sub-section (1) of section 4, for the words "three members" the words "two members" shall be substituted; (b) sub-section (/A) of section 6 shall be omitted; and (c) for sub-section (4) of section 6, the following sub- section shall-be substituted : — " (4) In the event of a difference of opinion among tle members of the Special Tribunal as to the finding, sentence or order to be passed in a case,— (a) the President shall report to the State Govern- ment, and notwithstanding anything contained in sub-section (1) of section 4, the State Government shall appoint to the Special Tribunal a third member who shall be a person qualified under clause (2) of article 217 of the Constitution of India, for appointment as a Judge of a High Court ; Price—Indian, annas 2 ; English, 3d, Change of Compo- sition of the Tribunal. Savings and validation. 2 The Calcutta Special Tribunal (Change of Composition) Act, 1950. [West Ben. Act IX of 1960. (Section 4.) (b) the Special Tribunal as so constituted shall re-hear the prosecutor and the accused or his pleader (but not any witness who has given evidence), and deliver judgment in the case; and (c) in the event of any difference of opinion among the members of the Special Tribunal as so consti- tuted, the opinion of the majority shall prevail." (2) Notwithstanding the change in the composition of the Tribunal effected by sub-section (/), it shall not be necessary for the Tribunal to recommence any proceedings or to recall and re-hear any witness who has given evidence before such change, and it shall be lawful for the Tribunal to act on the evidence already recorded by or produced before it.

Section 3 – The Calcutta Special Tribunal ( Change Of Composition ) Act, 1950 | DailyLaw.ai