Questions and Answers
What is the status of a Tribunal in relation to sections 193, 228, and 196 of the Indian Penal Code?
Who can authorise presenting officers to act on their behalf in a Tribunal appeal?
What are the options available to a Tribunal when passing orders on an appeal?
What is the role of a presenting officer in a Tribunal appeal?
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Can an appellant appear in person before a Tribunal?
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What is the status of a Tribunal in relation to Chapter XXVI of the Code of Criminal Procedure?
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What percentage of the amount due from the employer must be deposited with the Tribunal when filing an appeal?
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Under what circumstances can a Tribunal amend an order passed by it?
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What happens to applications pending before the Central Government under section 19A before its repeal?
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What is the rate of simple interest payable by the employer?
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Can a Tribunal's order finally disposing of an appeal be questioned in any court of law?
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What is the purpose of a Tribunal amending an order under subsection (2)?
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Under what circumstances can a Tribunal waive or reduce the amount to be deposited by the employer?
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What is the consequence of not depositing the required amount with the Tribunal?
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Under which act is the Industrial Tribunal constituted by the Central Government?
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What happens to sections 7E, 7F, 7G, and 7H after the commencement of Part XIV of Chapter VI of the Finance Act, 2017?
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Who can prefer an appeal to the Tribunal against a notification issued by the Central Government?
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What is the power of the Tribunal in regulating its own procedure?
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What is the consequence of not filing an appeal within the prescribed time?
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What is the Tribunal's power in relation to its sittings?
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What is the exception to the appeals that can be preferred to the Tribunal?
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What is the governing provision for the Tribunal's jurisdiction and powers?
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Study Notes
Tribunal's Powers and Functions
- A Tribunal has the same powers as the officers referred to in section 7A.
- Proceedings before the Tribunal are deemed to be judicial proceedings under the Indian Penal Code (1860) and the Code of Criminal Procedure (1973).
- The Tribunal is deemed to be a civil court for all purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure (1973).
Right of Appellant to Take Assistance
- A person preferring an appeal to a Tribunal can appear in person or take the assistance of a legal practitioner of their choice.
- The Central Government, State Government, or any other authority can authorize one or more legal practitioners or officers to act as presenting officers.
Orders of Tribunal
- A Tribunal can pass orders after giving the parties to the appeal an opportunity to be heard, confirming, modifying, or annulling the order appealed against.
- The Tribunal can refer the case back to the authority that passed the order with directions for fresh adjudication or order.
- The Tribunal can amend any order passed by it within five years from the date of its order to rectify any mistake apparent from the record.
- The Tribunal shall send a copy of every order passed to the parties to the appeal.
Deposit of Amount Due
- No appeal by the employer shall be entertained by a Tribunal unless the employer has deposited 75% of the amount due from them as determined by an officer referred to in section 7A.
- The Tribunal may waive or reduce the amount to be deposited for reasons to be recorded in writing.
Interest Payable by Employer
- The employer shall be liable to pay simple interest at a rate of 12% per annum.
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Description
This quiz is about the powers of a Tribunal in relation to the Indian Penal Code and the Code of Criminal Procedure. It covers the Tribunal's functions and authorities in judicial proceedings.