1[20K. Competent authority to have certain powers of civil court.– The competent authority shall have, for the purposes of this Act, 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 any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Simplified Explanation
Section 20K of the Railways Act, 1989 grants the competent authority the power to exercise certain powers similar to those of a civil court under the Code of Civil Procedure, 1908 for the purposes of carrying out its functions under this Act.
Key Provisions:
- Powers of a Civil Court:
- The competent authority is vested with powers that are typically granted to a civil court while trying a suit under the Code of Civil Procedure, 1908. These powers are to be used in the context of acquiring land or dealing with matters arising under the Railways Act.
- Specific Powers: The competent authority has the following specific powers:
- Summoning and Enforcing Attendance: The authority can summon and enforce the attendance of any person, and examine them on oath, in connection with the proceedings related to the acquisition process.
- Discovery and Production of Documents: The authority has the power to require the discovery and production of documents that are necessary for the proceedings.
- Reception of Evidence: The authority can receive evidence on affidavits, which is an official declaration made under oath.
- Requisitioning Public Records: The competent authority can request public records from any court or office, which may be necessary for resolving disputes or for information during the acquisition process.
- Issuing Commissions for Examination of Witnesses: The authority can issue a commission for the examination of witnesses, which is a formal order allowing a witness to be examined outside the usual court setting.
Implications:
- Enhanced Authority and Efficiency: By granting these powers, Section 20K ensures that the competent authority has sufficient legal tools to effectively manage the acquisition process. This ensures that it can handle disputes and obtain all necessary information in a manner similar to a court.
- Ensuring Fairness and Transparency: These powers help ensure that the process is fair and transparent. The competent authority can compel the attendance of witnesses and the production of documents, making it easier to resolve disputes and make informed decisions.
- Efficiency in Dispute Resolution: The ability to summon witnesses, require document production, and receive evidence on affidavits allows the competent authority to resolve disputes and questions related to the land acquisition process more efficiently.
Conclusion:
Section 20K ensures that the competent authority has all the necessary legal powers to manage land acquisition effectively under the Railways Act. These powers mirror those of a civil court and help facilitate the smooth resolution of issues related to the acquisition process. This enables the authority to exercise its duties with the same level of authority and procedural fairness as a court.
