(1) Every Tribunal and every appellate authority shall have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act No. 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) any other matter which may be prescribed.
(2) The decisions of the Tribunals and the appellate authorities under this Act shall have the force of a decree of a Civil Court.
Legal practitioners not to appear before Tribunals and appellate authorities
8. Notwithstanding anything contained in any law for the time being in force, no legal practitioner shall be allowed to appear in any proceedings before a Tribunal or an appellate authority under this Act.
Burden of proof
9. Notwithstanding anything contained in any law for the time being in force, in any suit or other proceedings, the burden of proving that a debtor is not entitled to protection under the provisions of this Act shall be on the creditor.
322 Bar of jurisdiction of Civil Courts
10. No Civil Court shall have jurisdiction to decide or deal with any question or to determine any matter which is, by or under the Act, required to be decided or dealt with, or to be determined, by the Tribunal or the appellate authority.
Act to override other laws, contracts, etc.
11. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Code of Civil Procedure, 1908, or in any other law for the time being in force or any custom, usage or contract, or any decree or order of a court, tribunal or other authority.
Power to make rules
12.(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
_______ STATEMENT OF OBJECTS AND REASONS FOR ACT NO.7 OF 1989 The question of bringing a comprehensive legislation providing relief from debt burden to various categories of people was engaging the attention of this Administration. After extensive study and careful examination of the debt relief laws prevalent in the neighbouring States, it has been proposed to provide total discharge of debt to debtors whose annual income does not exceed rupees four thousand and eight hundred.
The Bill seeks to achieve the above object.
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