Section 68R: Competent authority and Appellate Tribunal to have powers of civil court

1[68R. Competent authority and Appellate Tribunal to have powers of civil court.– The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 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 documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for examination of witnesses or documents;

(f) any other matter which may be prescribed.]

1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)

Simplified Explanation

Section 68R grants both the competent authority and the Appellate Tribunal powers similar to those of a civil court when dealing with matters related to the forfeiture of illegally acquired property under this Chapter. These powers are designed to ensure that the proceedings are conducted effectively and that all relevant information can be obtained to facilitate decisions.

Key Provisions of Section 68R:

The competent authority and the Appellate Tribunal are empowered to exercise the following powers, as per the Code of Civil Procedure, 1908 (CPC), when trying a suit:

1. Summoning and Enforcing Attendance:
   • They can summon any person to appear before them and examine that person under oath. This enables them to gather firsthand testimony during investigations and hearings.
2. Discovery and Production of Documents:
   • They can require any party to discover and produce documents that are relevant to the case. This ensures that all pertinent documentation is presented during the proceedings.
3. Receiving Evidence on Affidavits:
   • They are authorized to receive evidence through affidavits, making it easier to present evidence without requiring live testimony in all cases. This can expedite proceedings.
4. Requisitioning Public Records:
   • The competent authority or the Appellate Tribunal can requisition public records or copies of such records from any court or office. This can be vital in gathering documentary evidence from governmental or public sources.
5. Issuing Commissions:
   • They have the authority to issue commissions for the examination of witnesses or documents. This allows them to obtain evidence that might be difficult to access directly or when witnesses cannot attend in person.
6. Other Prescribed Matters:
   • They may also have the power to deal with any other matter that may be prescribed by law or regulations. This provision ensures flexibility in addressing situations that may not be explicitly listed but are necessary for the administration of justice.

Implications of Section 68R:

1. For the Competent Authority and Appellate Tribunal:
   • They are granted significant investigative powers, which enhance their ability to gather relevant evidence and conduct thorough inquiries into allegations of illegally acquired property.
   • These powers ensure that the process is efficient and that necessary legal actions can be taken to determine the legitimacy of property ownership or acquisitions.
2. For Affected Parties:
   • Those involved in proceedings under this Chapter must understand that the competent authority or Appellate Tribunal can compel their attendance and require them to produce relevant documents or evidence. Non-compliance may lead to consequences in the proceedings.
   • Affected persons must be prepared to provide evidence, whether through affidavits or personal testimony, and must be aware that the tribunal or authority may requisition records or documents from third parties or public bodies.
3. For Legal Professionals:
   • Lawyers representing clients should be aware that the competent authority and the Appellate Tribunal have the ability to compel the attendance of witnesses, obtain documents, and issue commissions for evidence gathering. This means that counsel must be well-prepared to provide all necessary evidence and facilitate the Tribunal’s or authority’s requests.
   • They should also be prepared to challenge or support the issuance of commissions or requisitions, ensuring their clients’ interests are protected.

Example:

If the Appellate Tribunal is hearing an appeal regarding the forfeiture of a property, and a witness’s testimony is crucial but the witness cannot attend the hearing, the Tribunal can issue a commission to examine the witness at a different location. Similarly, if a party fails to provide certain documents, the Tribunal can require the production of those documents from relevant authorities, ensuring a comprehensive review of the case.

Section 68R ensures that the competent authority and the Appellate Tribunal have sufficient powers to investigate, gather evidence, and enforce compliance during proceedings related to the forfeiture of illegally acquired property. This helps maintain the effectiveness and efficiency of legal processes.