Tribunal to hear and determine claims

(1) The Tribunal shall have jurisdiction to hear and determine in accordance with this Act, all applications made under this Act. (2) The Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided within a period of six months reckoned from the date on which such application has been made. (3) Sittings of the Tribunal shall be held at such places and times as the Presiding Officer of the Tribunal may determine. (4) Any interested party may be represented before the Tribunal- 10 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND DEPENDANTS ACT, 2001 (a) by an agent acting without fee, gain, reward or any expectation thereof, in any case in which the Tribunal may, at the request of that party and for good reason, permit; or (b) by the Maintenance Officer ; or (c) by an approved person or organisation through any of its employees or office holders. (5) No party to any proceedings before the Tribunal may be represented by an Advocate. (6) Every summons and notice issued under the hand of the Presiding Officer of the Tribunal to any person shall be served on that person- (a) by delivering the summons to the person or to some adult member of his family at his last known place of residence; or (b) by leaving the summon at his usual or last known place of residence or business in an envelope addressed to the person; or (c) by sending the summons by registered post addressed to the person at his usual or last known place of residence or business ; or (d) where the person is a body of persons or a company- (i) by delivering the summons to the Secretary or other like officer of the body of persons or company at its registered office or principal place of business ; or (ii) by sending summons by registered post addressed to the body of persons or company at its registered office or principal place of business. (7) Any summons or notice sent by registered post to any person in accordance with sub-section (6) shall be deemed to be duly served on the person to whom the letter is addressed at the time when the letter would in the ordinary course of post be delivered and in proving service of the summons, it shall be sufficient to prove that the envelope containing the summons was properly addressed, stamped and posted by registered post. (8) The Tribunal shall have the following powers:- (a) to dismiss frivolous or vexatious claims at a preliminary stage on the basis of the affidavits and other documentary evidence; (b) to summon any person to appear before a Conciliation Officer for the purpose of mediation; (c) to summon any person whom it may consider able to give evidence to attend at the hearing of an application ; (d) to examine such person as a witness either on oath or otherwise and to require such person to produce such records, THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 11 DEPENDANTS ACT, 2001 documents or articles as the Tribunal may think necessary for the purpose of the proceedings; (e) to allow any person, attending the proceedings any reasonable expenses necessarily incurred by him in so attending to be paid by such party as the Tribunal may determine ; (f) to make an order by consent of the parties; and (g) all the powers of a Magistrate with regard to the enforcement of attendance of witnesses and hearing evidence on oath. (9) Every person examined as a witness by or before the Tribunal, whether on oath or otherwise, shall be legally bound to state the truth and to produce such records, documents or articles as the Tribunal may require. (10) The Tribunal may receive as evidence any report, statement, document, information or matter that may, in its opinion, assist it to deal effectively with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872) . (11) In proceedings before the Tribunal it shall not be necessary to record the evidence of witnesses at length, but the Tribunal, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what a witness deposes, and such memorandum shall be signed by the witness and the Presiding Officer of the Tribunal and shall form part of the record. (12) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exception, be read in evidence in any proceeding before the Tribunal. (13) The Tribunal may, if it thinks fit, and shall on the application of any of the parties to the proceedings summon and examine any such person as to the facts contained in his affidavit.

1. (2) The Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided within a period of six months reckoned from the date on which such application has been made.
2. (3) Sittings of the Tribunal shall be held at such places and times as the Presiding Officer of the Tribunal may determine.
3. (4) Any interested party may be represented before the Tribunal- 10 THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND DEPENDANTS ACT, 2001
   • (a) by an agent acting without fee, gain, reward or any expectation thereof, in any case in which the Tribunal may, at the request of that party and for good reason, permit; or
   • (b) by the Maintenance Officer ; or
   • (c) by an approved person or organisation through any of its employees or office holders.
4. (5) No party to any proceedings before the Tribunal may be represented by an Advocate.
5. (6) Every summons and notice issued under the hand of the Presiding Officer of the Tribunal to any person shall be served on that person-
   • (a) by delivering the summons to the person or to some adult member of his family at his last known place of residence; or
   • (b) by leaving the summon at his usual or last known place of residence or business in an envelope addressed to the person; or
   • (c) by sending the summons by registered post addressed to the person at his usual or last known place of residence or business ; or
   • (d) where the person is a body of persons or a company-
     • (i) by delivering the summons to the Secretary or other like officer of the body of persons or company at its registered office or principal place of business ; or
     • (ii) by sending summons by registered post addressed to the body of persons or company at its registered office or principal place of business.
6. (7) Any summons or notice sent by registered post to any person in accordance with sub-section (6) shall be deemed to be duly served on the person to whom the letter is addressed at the time when the letter would in the ordinary course of post be delivered and in proving service of the summons, it shall be sufficient to prove that the envelope containing the summons was properly addressed, stamped and posted by registered post.
7. (8) The Tribunal shall have the following powers:-
   • (a) to dismiss frivolous or vexatious claims at a preliminary stage on the basis of the affidavits and other documentary evidence;
   • (b) to summon any person to appear before a Conciliation Officer for the purpose of mediation;
   • (c) to summon any person whom it may consider able to give evidence to attend at the hearing of an application ;
   • (d) to examine such person as a witness either on oath or otherwise and to require such person to produce such records, THE HIMACHAL PRADESH MAINTENANCE OF PARENTS AND 11 DEPENDANTS ACT, 2001 documents or articles as the Tribunal may think necessary for the purpose of the proceedings;
   • (e) to allow any person, attending the proceedings any reasonable expenses necessarily incurred by him in so attending to be paid by such party as the Tribunal may determine ;
   • (f) to make an order by consent of the parties; and
   • (g) all the powers of a Magistrate with regard to the enforcement of attendance of witnesses and hearing evidence on oath.
8. (9) Every person examined as a witness by or before the Tribunal, whether on oath or otherwise, shall be legally bound to state the truth and to produce such records, documents or articles as the Tribunal may require.
9. (10) The Tribunal may receive as evidence any report, statement, document, information or matter that may, in its opinion, assist it to deal effectively with a dispute, whether or not the same would be otherwise

relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872) .

1. (11) In proceedings before the Tribunal it shall not be necessary to record the evidence of witnesses at length, but the Tribunal, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what a witness deposes, and such memorandum shall be signed by the witness and the Presiding Officer of the Tribunal and shall form part of the record.
2. (12) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exception, be read in evidence in any proceeding before the Tribunal.
3. (13) The Tribunal may, if it thinks fit, and shall on the application of any of the parties to the proceedings summon and examine any such person as to the facts contained in his affidavit.