18Procedure and powers of Claims Tribunal
(1) The Claims Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Claims Tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry.
(2) The Claims Tribunal shall decide every application as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced.
(3) The Claims Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte;
(i) any other matter which may be prescribed.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Establishment of Railway Claims Tribunal
- 4 Composition of Claims Tribunal and Benches thereof
- 5 Qualifications for appointment as Chairman, Vice-Chairman or other Member
- 6 Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
- 7 Term of office
- 8 Resignation and removal
- 9 Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
- 9A Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Membe
- 10 Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be such Chairman or Vice-Chairman, etc
- 11 Financial and administrative powers of Chairman
- 12 Staff of Claims Tribunal
- 13 Jurisdiction, powers and authority of Claims Tribunal
- 14 Distribution of business amongst Benches
- 15 Bar of jurisdiction
- 16 Application to Claims Tribunal
- 17 Limitation
- 18 Procedure and powers of Claims Tribunal
- 19 Right to legal representation and presenting officers
- 20 Power of Chairman to transfer cases from one Bench to another
- 21 Decision to be by majority
- 22 Execution of orders of Claims Tribunal
- 23 Appeals
- 24 Transfer of pending cases
- 25 Proceedings before Claims Tribunal to be judicial proceedings
- 26 Members and staff of Claims Tribunal to be public servants
- 27 Protection of action taken in good faith
- 28 Act to have overriding effect
- 29 Power to remove difficulties
- 30 Power to make rules
- 30A Power to make rules retrospectively