Indian Penal Code Tribunal Powers

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Questions and Answers

What is the status of a Tribunal in relation to sections 193, 228, and 196 of the Indian Penal Code?

A quasi-judicial authority with limited powers

A Tribunal is not deemed to be a court for the purposes of the IPC

A judicial proceeding for specific purposes (correct)

A civil court for all purposes

Who can authorise presenting officers to act on their behalf in a Tribunal appeal?

The appellant or respondent

The Tribunal itself

Only the Central Government

The Central Government or a State Government or any other authority under this Act (correct)

What are the options available to a Tribunal when passing orders on an appeal?

Confirming or annulling the order appealed against

Modifying the order with additional evidence

Confirming, modifying or annulling the order or referring the case back to the authority with directions (correct)

Rejecting the appeal and dismissing the case

What is the role of a presenting officer in a Tribunal appeal?

To present the case with respect to any appeal before a Tribunal on behalf of the Government or authority Signup and view all the answers

Can an appellant appear in person before a Tribunal?

Yes, an appellant can appear in person or take the assistance of a legal practitioner Signup and view all the answers

What is the status of a Tribunal in relation to Chapter XXVI of the Code of Criminal Procedure?

A Tribunal is deemed to be a civil court for the purposes of Chapter XXVI Signup and view all the answers

What percentage of the amount due from the employer must be deposited with the Tribunal when filing an appeal?

75% Signup and view all the answers

Under what circumstances can a Tribunal amend an order passed by it?

Within five years from the date of its order, to rectify any mistake apparent from the record Signup and view all the answers

What happens to applications pending before the Central Government under section 19A before its repeal?

They are transferred to a Tribunal Signup and view all the answers

What is the rate of simple interest payable by the employer?

12% Signup and view all the answers

Can a Tribunal's order finally disposing of an appeal be questioned in any court of law?

No, it is final Signup and view all the answers

What is the purpose of a Tribunal amending an order under subsection (2)?

To rectify any mistake apparent from the record Signup and view all the answers

Under what circumstances can a Tribunal waive or reduce the amount to be deposited by the employer?

For reasons to be recorded in writing Signup and view all the answers

What is the consequence of not depositing the required amount with the Tribunal?

The appeal will not be entertained by the Tribunal Signup and view all the answers

Under which act is the Industrial Tribunal constituted by the Central Government?

Industrial Disputes Act, 1947 Signup and view all the answers

What happens to sections 7E, 7F, 7G, and 7H after the commencement of Part XIV of Chapter VI of the Finance Act, 2017?

They are omitted Signup and view all the answers

Who can prefer an appeal to the Tribunal against a notification issued by the Central Government?

Any person aggrieved Signup and view all the answers

What is the power of the Tribunal in regulating its own procedure?

Full power Signup and view all the answers

What is the consequence of not filing an appeal within the prescribed time?

The appeal will be rejected Signup and view all the answers

What is the Tribunal's power in relation to its sittings?

Flexible places Signup and view all the answers

What is the exception to the appeals that can be preferred to the Tribunal?

An order rejecting an application for review Signup and view all the answers

What is the governing provision for the Tribunal's jurisdiction and powers?

This Act Signup and view all the answers

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.