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Section 71 of The Food Safety and Standards Act, 2006 View Chapter 10

Procedure and powers of Tribunal


   (1)  The Tribunal shall not be bound by the procedure laid down by 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 the rules made thereunder, the Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.

   (2)  The 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 (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 or other electronic records;

       (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)  any other matter which may be prescribed by the Central Government.

   (3)  Every proceeding before the 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 (45 of 1860), it 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 (2 of 1974).

   (4)  The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to represent his case before the Tribunal.

   (5)  The provisions of the Limitation Act, 1963 (36 of 1963), shall, except as otherwise provided in this Act, apply to an appeal made to the Tribunal.

   (6)  Any person aggrieved by any decision or order of the Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Tribunal to him on any question of fact or law arising out of such order:

   Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.


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