# Procedure and powers of Appellate Tribunal

# Bare Act

# Section 73 (1)

The 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, the Appellate Tribunal shall have powers to regulate its own procedure.

# Section 73 (2)

The Appellate 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, while trying a suit, in respect of the following matters, namely

  • (a) summoning and enforcing the attendance of any person and examining his on oath;
  • (b) requiring the discovery and production of documents;
  • (c) receiving evidence on affidavits;
  • (d) subject to the provisions of section 123 and section 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or a 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 an application for default or deciding it, ex parte;
  • (h) setting aside any order of dismissal of any application for default or any order passed by it, ex parte; and
  • (i) any other matter which may be prescribed.

# Section 73 (3)

Every proceeding before the 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 and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

Last Updated: 13 Dec 2019