(1) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this Act and any rules made thereunder, the Tribunal shall have the power to lay down and regulate its own procedure including the fixing of place and time of its inquiry and deciding whether to sit in public or in camera.
(2) The Tribunal shall decide every application made to it as expeditiously as possible after a perusal of documents, affidavits and written répresentations and after hearing such oral arguments as may be advanced:
Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced.
Application not to be admitted unless other remedies exhausted.
Limitation.
Procedure and powers of the Tribunal.
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(3) No adjournment shall be granted by the Tribunal without recording the reasons Jjustifying the-grant of such adjournment and cost shall be awarded, if a party rcquests for adjournment more than twice.
Term of 24. () The term of any sentence passed by the Tribunal under clause (a) of subsentence and gection (6)of section 15 of this Act shall, unless the Tribunal otherwise directs, be reckoned ;‘;Pfl:” " to commence on the day on which it would have commenced under the Army Act, 1950, the Navy Act, 1957 or the Air Force Act, 1950, as the case may be, under which the court martial against which the appeal was filed, had been held.
(2) Subject to the provisions of sub-section (3), any sentence passed on an appeal from the Tribunal to the Supreme Court in substitution for another sentence shall, unless the Supreme Court otherwise directs, be reckoned to commence on the day on which the original sentence would have commenced.
(3) Where a person who is undergoing sentence is granted stay of the operation of the said sentence, either by suspension or otherwise, pending an appeal, the period during which he is so released due to the sentence having been so stayed, shall be excluded in computing the term for which he is so sentenced by the Tribunal or the Supreme Court, as the case may be.
Right of 25. (1) A person making an application or preferring an appeal to the Tribunal may applicant or of either appear in person or take the assistance of a legal practitioner of his choice to present appellant to s case before the Tribunal.
take assistance fa legal o ;,:c.:?:,,e, and (2) The Central Government or the competent authority, as may be prescribed, may of Government, authorise one or more legal practitioners or any of its law officers to act as counsel and every ete., to appoint person so authorised by it may present its case with respect to any application or appeal, as counsel. the case may be, before the Tribunal.
Condition as 26. (1) Notwithstanding anything contained in any other provisions of this Act or in to making of any other law for the time being in force, no interim order (whether by way of injunction or interim otder. . gray or in any other manner) shall be made on an application or appeal, or in any proceeding relating thereto, unless,— {a) copies of such application or appeal, as the case may be, and all documents in support of the plea for such interim order are furnished to the party against whom such application or appeal, as the case may be, is made or proposed to be made; and
(b) opportunity of being heard is given to the other party in the matter:
Provided that the Tribunal may dispense with the requirements of clauses (a) and () and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or to the appellant, as the case may be.
(2) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on an application or appeal or in any proceeding relating thereto under sub-section (/), without— .
(a) furnishing to such party copies of such application or appeal, as the case may be, and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, and making an application . to the Tribunal for the vacation of such order and furnishing a copy of such application 46 of 1950 62 of 1957.
45 of 1950.
Skc. 1] THE GAZETTE OF INDIA EXTRAORDINARY . 11 or appeal, as the case may be, to the party in whose favour such order has been made or the counsel of such party, the Tribunal shall dispose of the application within a period of fourteen days from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the Tribunal is closed on the last day of that period, before the “expiry of the next working day; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next working day, stand vacated.
27. On the application of any of the parties and after notice to the parties concerned, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench for disposal, to any other Bench.
28. If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it. "
29. Subject to the other provisions of this Act and the rules made thereunder, the order of the-Tribunal disposing of an application shall be final and shall not be called in question in any Court and such order shall be executed accordingly.
CHAPTERV APPEAL
30. (/) Subject to the provisions of section 3 1, an appeal shall lie to the Supreme Court against the final decision or order of the Tribunal (other than an order passed under section 19):
Provided that such appeal is preferred wrlhm a period of ninety days of the said decision or order:
Provided further that there shall be no appeal against an interlocutory order of the Tribunal.
{2) An appeal shall lie to the Supreme Court as of right from any order or decision of the Tribunal in the exercise of its jurisdiction to punish for contempt:
_ Provided that an appeal under this sub-section shall be filed in the Suprcme Court within sixty days from the date of the order appealed against.
(3) Pending any appeal under sub-section (2), the Supreme Court may order that—
(a) the execution of the punishment or the order appealed against be suspended;
or )
(b) if the appellant is in confinement, he be released on bail:
Provided that where an appellant satisfies the Tribunal that he intends to prefer an appeal, the Tribunal may also exercise any of the powers conferred under clause (a) or clause (), as the case may be.
Power of Chairperson to transfer cases from one Bench to another.
Decision to be by majority.
Execution of order of Tribynal.
Appeal to Supreme Court.
Leave to appeal.
Condonation.
Exclusion” of jurisdiction of civil courts.
Transfer of pending cases.
Provision for filing of certain appeals.
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31. (/) An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a point of law of general public importance is involved in the decision, or it appears to the Supreme Court that the point is one which ought to be considered by that Court.
(2) An application to the Tribunal for leave to appeal to the Supreme Court shall be made within a period of thirty days beginning with the date of the decision of the Tribunal and an application to the Supreme Court for leave shall be made within a period of thirty days beginning with the date on which the application for leave is refused by the Tribunal.
(3) An appeal shall be treated as pending until any application for leave to appeal is disposed of and if leave to appeal is granted, until the appeal is disposed of; and an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it might have been made, but it is not made within that time.
32. The Supreme Court may, upon an application made at any time by the appellant, extend the time within which an appeal may be preferred by him to that Court under section 30 or sub-section (2) of section 31.
CHAPTER VI MiscELLANEOUS
33. On and from the date from which any jurisdiction, powers and authority becomes exercisable by the Tribunal in relation to service matters under this Act, no Civil Court shall have, or be entitled to exercise, such jurisdiction, power or authority in relation to those service matters.