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Section 13 – The Richardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act,1972

The Richardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act,1972

Section 13. Constitution of a Tribunal

(1) For the purpose of rectification of the register of members of the old company, the Central Government shall, by notification, constitute a Tribunal consisting of one person who is or has been a Judge of a High Court.

(2) If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding officer of the Tribunal, the Central Government shall appoint another person, in accordance with the provisions of this section, to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.

(3) The Central Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act.

(4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India.

(5) The Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it shall hold its sittings :

Provided that the Tribunal shall, as far as practicable, follow the procedure laid down in the Code of Civil Procedure,1908, (5 of 1908) for the investigation of claims and the decision of the Tribunal shall be final.

(6) 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, (5 of 1908) while trying a suit, in respect of the following matters, namely ;-

(a) The summoning and enforcing the attendance of any witness and examining him on oath;

(b) The discovery and production of any document or other material producible as evidence,

(c) The reception of evidence on affidavits,

(d) The requisitioning of any public record from any court or office,

(e) Issue of any commission for the examination of witnesses.

(7) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, (45 of 1860) and the Tribunal shall be deemed to be a civil court for the purpose of section 195 and Chapter and Transfer of Undertaking) Act,1972

V of the Code of Criminal Procedure,1898.(5 of 1898)

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The Richardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act,1972

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