10FZA. Procedure and
powers of Tribunal and Appellate Tribunal.— (1)
The Tribunal and the Appellate Tribunal shall not be bound
by the procedure laid down in 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 made by the Central Government, the Tribunal
and the Appellate Tribunal shall have power to regulate their
own procedure.
(2) The Tribunal and 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 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 a representation for default or deciding it
ex parte;
(h) setting aside any order of dismissal of any representation
for default or any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central
Government.
(3) Any order made by the Tribunal or the Appellate Tribunal
may be enforced by that Tribunal in the same manner as if
it were a decree made by a Court in a suit pending therein,
and it shall be lawful for the Tribunal or the Appellate Tribunal
to send in case of its inability to execute such order, to
the Court within the local limits of whose jurisdiction,—
(a) in the case of an order against a company, the registered
office of the company is situate; or
(b) in the case of an order against any other person, the
person concerned voluntarily resides or carries on business
or personally works for gain.
(4) All proceedings before the Tribunal or the Appellate
Tribunal shall be deemed to be judicial proceedings 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 Tribunal 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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