WBMV Rules 342अध्याय X · Claims Tribunal

धारा 342 · Power vested in Civil Court which may be exercised by Claims Tribunal

(1)

Without prejudice to the provisions of sub-section (1) of section 169 of the Act every Claims Tribunal may exercise all or any of the powers vested in a Civil Court under the following provisions of the Code of Civil Procedure, 1908 (5 of 1908) as subsequently amended, in so far as they may be applicable, namely, sections 30, 32, 34, 35, 35A, 75 (a) and (e), 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152, 153A and 153B and subject to the provisions of the section 174 of the Act.

(2)

Any Claims Tribunal constituted for [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] where the amount of compensation awarded by it does not exceed Rs. 25,000 shall have all the powers of the City Civil Court, and where such amount exceeds Rs. 25,000 shall have all the power of the High Court, for the purpose of execution of the award, as if the award is a decree for the payment of money made in suit by the City Civil Court or the High Court, as the case may be.

(3)

Any Claims Tribunal constituted for West Bengal (outside [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.]) shall have all the powers of the principal Civil Court of a district for the purpose of execution of any award for compensation made by it, as if the award is a decree for the payment of money made in a suit by such Court.

(4)

For purpose other than those specified in sub-rule (1), the Claims Tribunal may exercise all or any of the powers of Civil Court as may be necessary in any case for discharging its functions under the Act and these rules.

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