National Environment Appellate Authority Act, 1997
12. Procedure and powers of Authority. –
(1) The Authority 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
Authority shall have power to regulate its own procedure including the fixing of
places and times of its inquiry and deciding whether to sit in public or in
private
(2) The Authority 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) 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 is required to be, or may be, prescribed by the Central
Government.