The Control of National Highways (Land and Traffic) Act, 2002
16. Procedure and
powers of Tribunal.-
1. The
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 ct and of any rules, the
Tribunal shall have powers to regulate its own procedure including the places
at which it shall have its sittings.
2. The
appeal filed before the Tribunal under section 14 shall be dealt with by it as
expeditiously as possible and endeavour shall be made by it to dispose of the
appeal finally within four months from the date of the receipt of the appeal.
3. 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 (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. issuing commissions
for examination of witnesses or documents;
e. reviewing its
decisions;
f. dismissing an appeal
or application for default or deciding it ex parte;
g. setting aside any
order of dismissal of any appeal or application for default or any order passed
by it ex parte; and
h. any other matter
which may be prescribed.
1.
2.
3.
4. Any
proceeding before the 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 Tribunal shall be deemed to
be a civil court for all the purposes of section 195 and Chapter XXVI of the
Code of Criminal Procedure, 1973 (2 of 1974).