(1)

The State Government shall constitute a Tribunal called the Gujarat State Co-operative Tribunal to exercise the functions conferred on the Tribunal by or under this Act.

(2)

The Tribunal shall consist of a. President, and not more than three other members possessing such qualifications as may be prescribed.

[(2-A) The State Government may terminate the appointment of any member of the Tribunal before the expiry of the term of his office if such member-

(a) is adjudged an insolvent, or

(b) engages during his term of office in any paid employment outside the duties of his office unless such employment is authorised by the State Government, or

(c) is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the State Government or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member, or

(d) is in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body, or

(e) is convicted of an offence involving moral turpitude.]

(3)

Any vacancy in the membership of the Tribunal shall be filled by the State Government.

(4)

The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the President from amongst the members of the Tribunal including himself:

Provided that, any interlocutory application may be heard by one or more members who may be present.

(5)

Such Benches shall consist of two or more members.

(6)

Where a matter is heard by three members the opinion of the majority shall prevail, and the decision shall be in accordance with the opinion of the majority. Where a matter is heard by an even number of members and the members are equally divided, if the President be one of the members the opinion of the President shall prevail; and in other cases the matter shall be referred for hearing to the President, and shall be decided in accordance with his decision.

(7)

Subject to the previous sanction of the State Government, the Tribunal shall frame regulations consistent with the provisions of this Act and rules made thereunder, for regulating its procedure and the disposal of its business.

(8)

The regulations made under sub-section (7), shall be published in the Official Gazette.

(9)

The Tribunal may call for and examine the record of any proceeding in which an appeal lies to it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed. If in any case, it appears to the Tribunal that any such decision or order should be modified annulled or reversed, the Tribunal may pass such order thereon as it may deem just.

(10)

Where an appeal is made to the Tribunal under Section 102, it may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision on the appeal as may appear to it to be just and convenient, or such order as may be necessary for the ends of justice, or to prevent the abuse of the process of the Tribunal.

(11)

An order passed in appeal or in revision under sub-section (9), or in review under Section 151, by the Tribunal, shall be final and conclusive, and shall not be called in question in any Civil or Revenue Court.

(12)

The Tribunal hearing an appeal under this Act shall exercise all the powers conferred upon an appellate Court by Section 97 and Order XL1 in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908).