Chapter- 9

Chapter- 9
Provisions Relating to Tribunal
36. Exercise of jurisdiction of Tribunal:

(1) The three members shall  jointly exercise the jurisdiction of the Tribunal. Provided that the bench attended by one member may hear a case and the bench attended by two members may hear and settle a case.
(2) In the e vent that the bench is attended by all the three members, the unanimous opinion of the three members or the majority
opinion of two members shall be deemed to be the decision of the Tribunal.
(3) In the event that the bench is attended by two members only and the two members have the same opinion, that opinion sha ll be the
decision of the Tribuna l. Where they lack unanimity in opinion, the opinion of the cha irman, where the chairperson as well is present, and where the other the chairperson except the chairperson are present, the opinion of the senior member shall pre va il in the matters of
proceedings; and in the case of judgment or fina l order, it sha ll be submitted to the member who was absent first and the opinion
supported by him or her sha ll be deemed to be the decision of the Tribunal.
(4) Where each of the three members has a different opinion and majority cannot be established e ven after making submission to the
member who was absent first pursuant to sub-rule (3), a reference shall be made to the Supreme Court for decision.

37. Terms and conditions of service and facilities of chairperson and member of Tribunal: Allowance as prescribed by the Government of

Nepal shall be provided to the chairperson and members of the Tribunal for the day on which the bench is held.

38. Designation of registrar:

The Government of Nepal shall designate the  officer of at least Gazetted Second Cla ss of the Nepal judic ia l Service
as the register to carry out adm inistrative functions of the Tribunal, subject to general direction and control of the tribunal.

39. Functions, duties and powers of registrar:

The functions, duties and  powers of the registrar shall be as follows:
(a) To examine and check documents inc luding charge sheets, compla ints, petitions and (Vakalatnama) to be re gistered with the
Tribunal and register them if they are found in order or to refuse to register them indicating the reason for the same if they cannot
be registered,
(b) To verify the documents subm itted in relation to cases with the ir origina ls and certify the same if they are found in consonance,
and if some inconsistencies are found in the origina ls, to mark the same and get the concerned parties to sign them,
(c) To issues the summons and get the same served,
(d) To appoint dates for the appearance showing reasonable cause in relation to cases,
(e) To mainta in da iry of each case and maintain updated records of proceedings a lso indication the date appointed for making
presence for proceedings of each case,
(f) To record attorney and have cases taken over in accordance with the preva iling laws,

(g) To implement, cause to be implemented, the acts and actions in pursuance of orders made by the bench,
(h) To receive bail or guarantee in pursuance of orders made by the bench,
(i) To safe ly retain case-file s and documents of cases, look after the same and dispose documents required to be disposed in
accordance with the pre vailing laws,
(j) To allocate functions among the employees on the basis of workload,
(k) To perform such other administrative functions as required.

40. Venue: The venue of this Tribunal shall be situated within the  Kathmandu Valley. Its venue may also be he ld outside the Kathmandu
Valley in the e vent of necessity in view of the nature and subject of  cases.

41. Enforcement of decision: The decision made by the Tribunal shall be enforced, or cause to be enforced, by the District Court in accordance with the prevailing laws.

42. Prevailing laws to govern: In relation to the trail and settlement of  cases by the Tribunal, the matters contained in this Chapter shall be governed by this Chapter, and the other matters shall be governed by the prevailing laws.