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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?
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?
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?
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?
What is the role of a presenting officer in a Tribunal appeal?
Can an appellant appear in person before a Tribunal?
Can an appellant appear in person before a Tribunal?
What is the status of a Tribunal in relation to Chapter XXVI of the Code of Criminal Procedure?
What is the status of a Tribunal in relation to Chapter XXVI of the Code of Criminal Procedure?
What percentage of the amount due from the employer must be deposited with the Tribunal when filing an appeal?
What percentage of the amount due from the employer must be deposited with the Tribunal when filing an appeal?
Under what circumstances can a Tribunal amend an order passed by it?
Under what circumstances can a Tribunal amend an order passed by it?
What happens to applications pending before the Central Government under section 19A before its repeal?
What happens to applications pending before the Central Government under section 19A before its repeal?
What is the rate of simple interest payable by the employer?
What is the rate of simple interest payable by the employer?
Can a Tribunal's order finally disposing of an appeal be questioned in any court of law?
Can a Tribunal's order finally disposing of an appeal be questioned in any court of law?
What is the purpose of a Tribunal amending an order under subsection (2)?
What is the purpose of a Tribunal amending an order under subsection (2)?
Under what circumstances can a Tribunal waive or reduce the amount to be deposited by the employer?
Under what circumstances can a Tribunal waive or reduce the amount to be deposited by the employer?
What is the consequence of not depositing the required amount with the Tribunal?
What is the consequence of not depositing the required amount with the Tribunal?
Under which act is the Industrial Tribunal constituted by the Central Government?
Under which act is the Industrial Tribunal constituted by the Central Government?
What happens to sections 7E, 7F, 7G, and 7H after the commencement of Part XIV of Chapter VI of the Finance Act, 2017?
What happens to sections 7E, 7F, 7G, and 7H after the commencement of Part XIV of Chapter VI of the Finance Act, 2017?
Who can prefer an appeal to the Tribunal against a notification issued by the Central Government?
Who can prefer an appeal to the Tribunal against a notification issued by the Central Government?
What is the power of the Tribunal in regulating its own procedure?
What is the power of the Tribunal in regulating its own procedure?
What is the consequence of not filing an appeal within the prescribed time?
What is the consequence of not filing an appeal within the prescribed time?
What is the Tribunal's power in relation to its sittings?
What is the Tribunal's power in relation to its sittings?
What is the exception to the appeals that can be preferred to the Tribunal?
What is the exception to the appeals that can be preferred to the Tribunal?
What is the governing provision for the Tribunal's jurisdiction and powers?
What is the governing provision for the Tribunal's jurisdiction and powers?
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.
