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| (1) |
The Appellate
Tribunal may, after giving the parties to the appeal, an opportunity of being
heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling
the order or notice appealed against or may refer the case back to the authority
or officer against whose order or notice the appeal is filed, for a fresh order
or notice, after taking additional evidence, if necessary, or such other action
as the Appellate Tribunal may specify. |
| (2) |
The Appellate
Tribunal shall send a copy of every order passed by it to the parties to the appeal.
| | (3) |
No Appellate
Tribunal shall, in any appeal pending before it in respect of any order or notice
this Act,. Make an interim order (whether by way of injunction or stay) against
the Council or against any officer or servant of the Council or its officer to
act in his official capacity, unless an opportunity is given to the Council or
its officer or servant to be heard in the matter: Provided
that the Appellate Tribunal may without giving an opportunity as aforesaid make
an interim order as an exceptional measure if it is satisfied for reasons to be
recorded by it in writing that it is necessary so to do for preventing any loss
being caused to the person filing the appeal which cannot be adequately compensated
in money:
Provided further that every such interim order shall, if it is not vacated earlier,
cease to have effect on the expiry of a period, the Appellate Tribunal confirms
or modifies that order after giving to the council or its officer or servant an
opportunity of being heard. | | (4) |
Subject
to rules that may be made by the Central Government in this behalf the awarding
of damages in and the costs of and incidental to, any appeal before the Appellate
Tribunal, shall be in its discretion and it shall have full power to determine
by and to whom and to what extent and subject to what conditions, if any, such
damages or costs are to be paid and to give, in its order disposing of an appeal,
necessary directions for the purposes aforesaid. |
| (5) |
An order
of the Appellate Tribunal made under this section may be executed or caused to
be executed by it on the application of the person in whose favour the order has
been made. | | (6) |
In hearing
and deciding an appeal or in the execution of an order, an Appellate Tribunal
shall follow such procedure as may be prescribed by rules. |
| (7) |
Every Appellate
Tribunal, shall in addition to the powers conferred on it under this Act, have
the same power as are vested in a Civil Court while trying a suit under the Code
of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:
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| a) | Summoning
and enforcing the attendance of persons and examining them on oath; |
| b) | requiring
the discovery and inspection of documents; |
| c) | receiving
evidence on affidavits; | | d) | requisitioning
any public record or copies thereof from any court or office; |
| e) | issuing
commissions for the examination of witnesses or documents; and |
| f) | any
other matter which may be prescribed by rules. |
And every proceeding of an Appellate Tribunal in hearing or deciding an appeal
or in connection with the execution of its order, shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 and for the purpose of section
196, of the Indian Penal Code, 1860 (45 of 1860), and every 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, 19673 (2 of 1974). |
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