Section 6
The Tribu nal shall, for the purpo se of the disposal j have all the powers of a civil cou rt for the Q
6. The Tribu nal shall, for the purpo se of the disposal j have all the powers of a civil cou rt for the Q
trial of a suit un der the Code of Civil Procedure, 1908
(5 of 1908) in respect of the following ma tters, namely :—
(a) summoning and enforcing the atte nda nce of any perso n and exam ining him on oat h ;
(b) req uir ing the discovery and pro duction of docu ments;
(c) receiving evidence on affidavit ;
(d) requisitioning any public record or copy thereo f from any court or office ; and
(e) issuing commissions' for examin atio n of witnesses or
documents.
Amendment of decisions or orders. 7. Clerica l or arithm ati cal mistakes in decision or orders or errors arising the rein from any accidental slip or omission may at any time be corrected by the Tribunal either of its own motion or on the app lica tion of any of the parties.
Procedure before
Tribunal.
(1) Subject to the provisions of this Act an d the rule s frame d the reu nder the Tri bunal shall have power to regula te its own pro ced ure and for the con stitution of Benches, if any, for the disposal of all ma tters arising out of
the exercise of its powers under the provision s of this Act.
At least two of the members of the Tri bunal will
he ar and pass ord ers on appeals pre ferred before the Tribunal .
The decision of the majority o f the members present and hea ring the ma tter shall be the decision of the Tr i-
bun al. Wh ere the members are equally divided in the ir opinion , the appeal would be heard and decided by all the members and the decision arr ive d at by the majority opin ion of all the members shall be the decision of the Tr ibun al.
The Tribu nal shall have pow er to confirm, modify or reverse the order again st which the app eal is preferred or to rem and the matter for a fresh decision by the com petent authority passing the order in accordance with such
directions, if any, as may be given by the Trib una l.
Finality 9. (1 ) and bar of suit, powers of review of
(a) The ord er of the Tribu nal passed in any app eal
of decis ion un de r the provisions of this Act shall be final.
d bf
its own order and transf er of pending
di pg
proceedings*
(b) Notwithstanding anythin g con tain ed in ! !
sub-section (1) (a) above, the Tribunal ma y, on the app lication of any of the par ties, review its own decision or ord er in any case
and may pass such order as it thinks fit :
Pro vided that no such decision or or de r shall be reviewed unless notice has been given to the opposite part ies to appear and to show cause why such ord er or decisio n should no t be reviewed :
o Provided furth er that &n applica tion fo r {review under sub-section (1) (b) shall be made within thi rty days from the date of d ecision or o rd er of the Tribu nal .
Notwithstanding anything con tained in any law, no civil court or oth er authority shall entertain any civil suit or oth< r proceedings with resp ect to any of the matters which fall within the jurisdiction of the T rib unal or qu«stio i in any form any order passed by the Tribunal in any appeal or review with resp ect to any matter when an appe al could have been p referred un de r the provisions of this Act or with resp ect to any oth er ma't er which arises out of the exercise of powers under this Act.
Notwithstanding any thin g contained in any law, all suits or oth er proceedings in resp ect of any matter ove r which the Tribunal has jurisdiction and which ar« pending before any civil cou rt or oth er au tho rity on the date of coming into force of this Act shall stand tra nsfer red to the Tri bunal and the civil co uit or o ther authority before whom such a suit or proceeding is pend ing shall transf er all relevan t and connected paper s and records to the Tr ibun al a nd thereupon the Tribunal shall decide the suits and proceedings in th e same manner as if they were appeals pre ferred u nde r the prov isio ns of this Act.
Th e deci don of the Tr ibun al shall be impleme nted within such reas onable time as may be specified by the T ri bun al.
Re pre sen ta- 10. T h ; Government, the-co mpe :ent autho rity as well tion before a s n b u n a . t Q k e represente d before the Tr ibu nal through a duly au tho-
the civil servant pre ferrin g any appeal shall have the ri gh t rised repres ent ative or by an Advocate.
Contempt. i i . ( j ) -pbe Tribunal shall be deemed to be a Civil Court for the purpose > of Sections 345 and 346 of the Code of Criminal Procedure, 1973 (Ce ntra l Act 2 o 1974) and the Conte mp t of Cou rts Act, 1971 (Ce ntral Act 70 o f 1971).
The proce edings before the Tribun al shall be deemed to be a jud icial Proceedin g within the m eaning of Section 193
of India n Penal Code, 1860 (Ce ntral Act N o. 45 of 1860).
Po ws r to mak e rid es.
Po wer to
make r e 8v- Governm ent, the Tribu nal shall, from time to time, fram e Tribunal' C regu lation s consistent with the provision s of this Act and and disposal of its business.
(1) Th e State Government may, by notifica tion in t j, c o fj} c j a i Gazette, make rules for the purposes of giving effect to the provisions of this Act.
All rules mad e under this Section shall be laid for not less iha n fou rteen days before the Assam Legisla-
tive AsseYnbly a» soon as possible afte r they are made and shall be subject to such modifications as the Legislativ e Assembly may make during the session in which the y are so laid or the session imm edia tely following!
(1) Subject to the previous sanctio n of the State rules made und er Section 12 for reg ula ting its pro ced ure
The regu lations made und er sub-section (1) sh all
be published in the Assam Gazette.
(1) The Assam Admin istra tive Tri bunal Ordinan ce,
Rep ea l a nd
savmgf. 19/6, is hereby repe aled .
No tw ith sta nding such rep eal, any ord er passed, notifications issued, any thin g done or any action tak en und er the Assam Adm inistrative Tribu nal Ord ina nce , 1976, shall be deemed to have been passed, issued, done or tak en u nder
the correspon ding prov isions of this Act.
tJ. TAHB ILD AR , Secretary to the Go vt, of Assam, Legislative De pa rtm ent.
• AU iiA TI—P rinte d an d publish ed by th e Su pd t., i/ c . A ss am Gov t. Pr intin g
P re ss , (Ex-Ga zette ) No.123 - 1,6 25+400—2-5-1977.
Roop's Law Assist