Section 44 in Railways Rates Tribunal (Procedure) Regulations, 1990
44. Affidavit.-
(1)The evidence at the hearing of a complaint may be taken either by affidavit or viva voce. or partly by affidavit and partly by viva voce:-Provided that if either party intends to rely on any evidence by affidavit, he shall, at least 10 days before the hearing, deliver or send by registered post to the other party a copy of the affidavit intended to be used, falling which he shall not be allowed to use the same except by special leave of the Tribunal.(2)Either party may, within 7 days after receipt of a copy of any affidavit intended to be so used, deliver or send. by registered post to the other party, a notice requiring the deponent to be produced at the hearing of die complaint for cross-examination, and unless the deponent is so produced his affidavit shall not be used except by special leave of the Tribunal.(3)The Tribunal may at any time for sufficient reason, order that any particular fact may be proved by affidavit, or that the affidavit of any witness may be read at the hearing on such conditions as the Tribunal deems reasonable:-Provided that where it appears to the Tribunal that either party bonafide desires the production of a wit ness for cross-examination and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit.(4)An affidavit shall be confined to such facts as the witness is able of his own knowledge to prove, except in interlocutory proceedings, in which statements as to his belief with the grounds thereof may be admitted.(5)For the purpose of any affidavit to be sworn in any proceeding before the Tribunal, the Chairman may empower any official of the Tribunal to administer an oath to the deponent of the affidavit.
