The National Green Tribunal Act, 2010

19. Procedure and powers of Tribunal. –

1.      The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice.

2.      Subject to the provisions of this Act, the Tribunal shall have power to regulate its own procedure.

3.      The Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872.

4.      The 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, 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, 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 decision;

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.       pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any application made or appeal filed under this Act;

j.       pass an order requiring any person to cease and desist from committing or causing any violation of any enactment specified in Schedule I;

k.      any other matter which may be prescribed.

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5.      All proceedings before the Tribunal shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code and the 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.

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