Section 29 of The Airports Economic Regulatory Authority of India Act, 2008
- (1)The Appellate 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, the Appellate Tribunal shall have powers to regulate its own procedure.
- (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 (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;
- (c)receiving evidence on affidavits;
- (d)subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 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.
- (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 (45 of 1860) 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 (2 of 1974).
Summary
- The Appellate Tribunal does not have to follow the strict procedural rules of the Code of Civil Procedure, 1908.
- Instead, it must be guided by the principles of natural justice and can make its own procedural rules.
- However, it does have the same powers as a civil court for specific tasks, like forcing people to attend hearings under oath, asking for documents, and taking evidence on affidavits.
- The Tribunal is treated like a civil court, and its hearings are considered official judicial proceedings under the Indian Penal Code.
- It can dismiss cases if someone fails to show up, or decide cases without them, but it also has the power to undo those specific decisions.
Practical examples
FAQ
1. Does the Tribunal follow the exact same rules as a regular civil court?
No, it is not bound by the strict procedure of the Code of Civil Procedure, 1908, though it has similar powers for certain actions.
2. What happens if a person lies to the Tribunal?
Because its hearings are considered judicial proceedings under the Indian Penal Code, a person lying under oath could face serious legal consequences.
3. Can the Tribunal decide a case if one party simply does not show up?
Yes, it has the power to decide a case ex parte (without the other party present) or dismiss it entirely for default.
4. What core principle must the Tribunal follow?
It must always be guided by the principles of natural justice.
Test yourself
Q1.Under Section 29 of The Airports Economic Regulatory Authority of India Act, 2008, what set of rules is the Appellate Tribunal explicitly NOT bound by?
Q2.Under Section 29 of The Airports Economic Regulatory Authority of India Act, 2008, what fundamental legal concept must guide the Appellate Tribunal's procedures?
Q3.Under Section 29 of The Airports Economic Regulatory Authority of India Act, 2008, when the Tribunal wishes to requisition a public record from an office, it must do so subject to the provisions of which specific law?
Q4.Under Section 29 of The Airports Economic Regulatory Authority of India Act, 2008, how are proceedings before the Appellate Tribunal legally classified for the purposes of section 196 of the Indian Penal Code?