(1) For the purposes of adjudication of claims for nuclear damage under this Act, the Claims Commissioner and the Claims Commission shall follow such procedure as may be prescribed.
(2) For the purpose of holding inquiry, the Claims Commissioner and the Claims Commission may engage experts in the nuclear field or such other persons as may be deemed fit, on such terms and conditions and on payment of such remuneration, fee or allowances, as may be prescribed.
(3) The Claims Commissioner and the Claims Commission shall, for the purposes of discharging their functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:––
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing of commission for the examination of any witness;
(f) any other matter which may be prescribed.
5 of 1908.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3333 5 of 1908.
46 of 2023.
45 of 2023.
5 of 1908.
(4) The Claims Commissioner and the Claims Commission 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 or any rules made thereunder, the Claims Commissioner and the Claims Commission shall have the power to regulate its own procedure including the places and the times at which it shall have its sittings.
(5) The Claims Commissioner and the Claims Commission shall be deemed to be a civil court for the purposes of section 215 and Chapter XV of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(6) Every proceeding before the Claims Commissioner or the Claims Commission under this Act shall be deemed to be judicial proceeding within the meaning of sections 229, 257 and 267, and for the purposes of section 196, of the Bharatiya Nyaya Sanhita, 2023.