16Procedure and powers of Appellate Tribuna
1[16. Procedure and powers of Appellate Tribunal.-- (1) The Appellate 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, the Appellate Tribunal shall have powers to regulate its own procedure.
(2) The Appellate 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 a 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; and
(i) any other matter which may be prescribed.
(3) Every proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).]
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1. Subs. by s. 11, ibid., for Chapter IV (w.e.f. 24-1-2000).
- 14 Establishment of Appellate Tribunal
- 14A Application for settlement of disputes and appeals to Appellate Tribunal
- 14B Composition of Appellate Tribunal
- 14C Qualifications for appointment of Chairperson and Members
- 14D Term of office
- 14E Terms and conditions of service
- 14F Vacancies
- 14G Removal and resignation
- 14GA Qualifications, terms and conditions of service of Chairperson and Member
- 14H Staff of Appellate Tribunal
- 14-I Distribution of business amongst Benches
- 14J Power of Chairperson to transfer cases
- 14K Decision to be by majorit
- 14L Members, etc., to be public servants
- 14M Transfer of pending case
- 14N Transfer of appeals
- 15 Civil court not to have jurisdictio
- 16 Procedure and powers of Appellate Tribuna
- 17 Right to legal representation
- 18 Appeal to Supreme Court
- 19 Orders passed by Appellate Tribunal to be executable as a decre
- 20 Penalty for wilful failure to comply with orders of Appellate Tribunal