Section 35 of The Prevention of Money-Laundering Act, 2002 in hindi
- (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 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 a representation for default or deciding it ex parte;
- (h)setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
- (i)any other matter, which may be, prescribed by the Central Government.
- (3)An order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
- (4)Notwithstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
- (5)All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
Summary
- The Appellate Tribunal is not bound by the strict procedural rules of the Code of Civil Procedure, 1908, but must follow natural justice (fair play and unbiased hearings) and can set its own rules.
- The Tribunal has the same powers as a civil court in key areas, such as summoning witnesses, demanding documents, taking evidence on oath or affidavit, and reviewing its own decisions.
- It has the power to dismiss cases if a party fails to show up (default) or decide them in the absence of one party (ex parte), as well as undo these dismissal or ex parte orders.
- Orders passed by the Tribunal can be executed by the Tribunal itself as if they were civil court decrees (final judgments), or the Tribunal can send them to a local civil court to execute.
- All hearings before the Tribunal are legally treated as judicial proceedings, meaning lying or disrupting them carries criminal penalties under the Indian Penal Code, and the Tribunal is considered a civil court for certain criminal procedure purposes.
Practical examples
FAQ
1. Is the Appellate Tribunal bound to follow the Code of Civil Procedure, 1908?
No, it is not bound by that Code but must be guided by the principles of natural justice and can regulate its own procedure.
2. Can the Appellate Tribunal review its own decisions?
Yes, it has the specific civil court power under this section to review its decisions.
3. What happens if an appellant fails to appear for their hearing?
The Tribunal has the power to dismiss the representation for default or decide it ex parte, and it also has the power to set aside those orders later if justified.
4. How are the orders of the Appellate Tribunal executed?
They are executable by the Tribunal itself as a decree of a civil court, or the Tribunal can send them to a local civil court to execute them.
5. Are proceedings before the Appellate Tribunal considered judicial?
Yes, all proceedings are deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.
Test yourself
Q1.Under Section 35 of The Prevention of Money-Laundering Act, 2002, by what must the Appellate Tribunal be guided when regulating its own procedure?
Q2.Under Section 35 of The Prevention of Money-Laundering Act, 2002, which power of a civil court is NOT explicitly granted to the Appellate Tribunal?
Q3.Under Section 35 of The Prevention of Money-Laundering Act, 2002, if the Appellate Tribunal wants to execute an order it has made, it may do so by which of the following methods?
Q4.Under Section 35 of The Prevention of Money-Laundering Act, 2002, public records can be requisitioned from any office, but this power is specifically subject to which other law?
Q5.How do the procedural powers of the Appellate Tribunal under Section 35 of The Prevention of Money-Laundering Act, 2002, relate to the powers of the Adjudicating Authority under Section 11 of the Act?