Section 41 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010
41. Procedure and Powers of the Tribunal.
(1)The 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 and the rules made thereunder, the Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.(2)The Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, 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 any document or other electronic records or other material object producible as evidence;(c)receiving evidence on affidavits;(d)requisitioning of any public record;(e)issuing commission for the examination of witnesses or documents;(f)reviewing its decisions, directions and orders;(g)dismissing an application for default or deciding it exparte;(h)any other matter which may be prescribed.(3)Every proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860) and the 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).(4)The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to represent his case before the Tribunal.(5)The provisions of the Limitation Act, 1963, (36 of 1963) shall, except as otherwise provided in this Act, apply to an appeal made to the Tribunal.(6)The Tribunal shall have the powers to pass such interim order in any proceedings, hearing or matter before the Tribunal, as that Tribunal may consider appropriate.(7)While adjudicating the quantum of penalty under this Chapter, the Tribunal shall have due regard to the guidelines specified in section 32.
