Bare ActsThe RAJASTHAN CIVIL SERVICES (SERVICE MATTERS APPELLATE TRIBUNALS) ACT, 1976

Section 6

Powers of Tribunal

Amendment status not verified — confirm the current text below against the official source.

(1) The Tribunal shall for the purposes of the disposal of the appeal under this Act, have the powers of a Civil Court while trying a suit under the code of Civil Procedure, 1903(Central Act 5 of 1908) in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person; (b) requiring the discovery and production of any documents; and (c) issuing commissions for the examination of witnesses or documents. (2) The Tribunal may examine on oath any person supposed to be acquainted with the matter under probe or any fact relevant thereto and may record his evidence. (3) The proceedings before the Tribunal shall be deemed to be a judicial proceeding within the meaning of Section 193 of Indian Penal Code, 1860 (Central Act No. 45 of 1860). (4) The Tribunal shall be deemed to be a Civil Court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974) and the Contempt of Courts Act, 1971 (Central Act 70 of 1971). (5) The Tribunal may, on its own motion or on the application of any party interested, review its own decision or order and pass in reference thereto such order as it thinks just and proper: Provided that the Tribunal shall not review its own decision or order unless it is satisfied that there has been discovery of new and important fact or evidence which, after the exercise of due diligence was not within the knowledge of such party or could not be produced by such party at the time when such decision or order was made, or that there has been some mistake or error apparent on the face of the record: Provided further-that no application under this sub-section shall lie to the Tribunal after the expiry of thirty days from the date of the decision or order of which review is being sought: Provided also that an application may be entertained after the said period of thirty days if the applicant satisfies the Tribunal that he had sufficient cause for not filing the application within such time. (6) Notwithstanding anything contained in I any judgment decree, order or direction of any court, the orders of the Tribunal passed before the commencement of the Rajasthan Civil Services (Service Matters Appellate Tribunals) (Amendment) Act, 2005 (Act No. 2 of 2005) in pursuance of its purported powers to review its own decisions shall be deemed to have been passed validly under the provisions of sub-section (5) and shall have effect accordingly.

Section 6 – The RAJASTHAN CIVIL SERVICES (SERVICE MATTERS APPELLATE TRIBUNALS) ACT, 1976 | DailyLaw.ai