section 84
Procedure at inquiries and appeals
The Odisha Hindu Religious Endowments (Amendment) Act, 2018Civil201889 sections
Statutory text
- (1) The procedure to be followed at an inquiry held under this Act by the Administrator, the Board or the Tribunal shall be followed in hearing an appeal filed thereunder before the Board or the Tribunal shall be such as may be prescribed.
- (2) The Administrator, the Board and the Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely:—
- (a) summoning and enforcing the attendance of any witness and examining him on oath;
- (b) discovery and production of any document or other material object producible as evidence;
- (c) reception of evidence on affidavits;
- (d) requisitioning of any public record from any court or office;
- (e) issuing of any commission for the examination of witnesses; and
- (f) any other matter which may be prescribed.
- (3) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and for the purposes of section 196 of that Code and the Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898.
- (4) The services of all processes and notices issued by the Administrator, the Board or by the Tribunal under any of the provisions of this Act shall, on requisition from the issuing authority, be effected by the Civil Court having jurisdiction in the area.
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