Power, Procedure of the Tribunal and Admission of Evidence and Applicability of the Provisions of Code of Civil Procedure 1908.

Section 5 (2) to Section 5 (5) deals with these aspects. Certain provision of the Code of Civil Procedure has been made applicable to the Tribunal for the purposes of holding any inquiry under the Act of 1976 as are vested in Civil Court under the Code of Civil Procedure 1908 (Act No. V of 1908), while trying a suit. For ready reference section 5 (2) to Section 5 (5) is reproduced as under:

i) The Tribunal shall decide every reference expeditiously and ordinarily, every case shall be decided by it on the basis of perusal of documents and representations, and of oral or written arguments, if any.

ii) The Tribunal may admit in evidence, in lieu of any original document, a copy thereof attested by a gazetted officer or by a notary.

iii) The Tribunal shall not ordinarily call for or allow to be adduced oral evidence, and may, if necessary, require any party to file an affidavit.

iv) The Tribunal shall, for the purpose of holding any inquiry under this Act, have, subject to the provisions of sub-section (1), the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), while trying a suit, in respect of the following matters-

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 of affidavits,

d. Subject to the provisions of Section 123 and 124 of the Indian Evidence Act, 1872 (Act 1 of 1872), requisitioning any public record or copy thereof from any office.

e. Issuing commission for the examination of witness or documents,

f. Recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith;

g. Reviewing its decision,

h. Dismissing a reference for default or deciding it ex parte,

i. Setting aside an order of dismissal for default or an order passed by it ex parte;

j. Passing interlocutory orders pending final decision or any reference on such terms, if any, as it thinks fit to impose

k. Any other matter which may be prescribed.