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TypeBare Act JurisdictionCentral Government

Energy Conservation Act 2001 Section 40

Procedure and Powers of Appellate Tribunal

~2 min read
https://sooperkanoon.com/act/2340

Bare act section · Research

About this section

Energy Conservation Act 2001 Section 40 is part of Energy Conservation Act 2001 - Procedure and Powers of Appellate Tribunal. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure 1908 (5 of 1908) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure.

(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure 1908 (5 of 1908), while trying a suit in respect of the following mailers, 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) Subject to the provisions of sections 123 and 124 of the Indian Evidence Act 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;

(e) Issuing commissions for the examination of witnesses or documents;

(f) Reviewing its decisions;

(g) Dismissing a representation of default or deciding it, exparte;

(h) Setting aside any order of dismissal or any representation for default or any order passed by it, ex parte;

(i) Any other matter which may be prescribed by the Central Government.

(3) An order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court.

(4) Notwithstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

(5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code 1860 (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure 1974 (2 of 1974).

Frequently asked questions

What does Energy Conservation Act 2001 Section 40 provide?

Section Section 40 of the Energy Conservation Act 2001 (Procedure and Powers of Appellate Tribunal) is reproduced on this page as part of the Energy Conservation Act 2001. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Energy Conservation Act 2001 Section 40?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Energy Conservation Act 2001 Section 40. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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