Depositories Act, 1996
23B. Procedure
and powers of Securities Appellate Tribunal
(1) The
Securities Appellate 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 and, subject to the other provisions of this Act and of any
rules, the Securities Appellate Tribunal shall have powers to regulate their own
procedure including the places at which they shall have their sittings.
(2) The
Securities Appellate Tribunal shall have, for the purpose of discharging their
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 an oath;
(b) requiring
the discovery and production of documents;
(c) receiving
evidence on affidavits;
(d) issuing
commissions for the examination of witnesses or documents
(e) reviewing
its decisions;
(f) dismissing
an application for default or deciding it ex parte;
(g) setting
aside any order of dismissal of any application for default or any order passed
by it ex parte; and
(h) any other
matter which may be prescribed.
(3) Every
proceeding before the Securities 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, 1860 and the Securities
Appellate 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.