Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyf. any other matter which may be prescribed by the government.(4) Any order made by the Tribunal may be enforced by that Tribunal in the same manner asif it were a decree made by a court in a suit pending therein, and it shall be lawful for theTribunal to send in case of its inability to execute such order, to the court within the locallimits of whose jurisdiction, -(a) in the case of an order against a company, the registered office of the company issituate; or(b) in the case of an order against any other person, the person concerned voluntarilyresides or carries on business or personally works for gain.(5) The Delhi Urban Property Registration and Titling Tribunal may, after giving the partiesto any proceeding before it, an opportunity of being heard, pass such orders thereon as itthinks fit. The Tribunal shall send a copy of every order passed under this section to allthe parties concerned.Provided that the Delhi Urban Property Registration and Titling Tribunal may, at anytime within two years from the date of the order, with a view to rectifying any mistakeapparent from the record, amend any order passed by it, and shall make such amendmentif the mistake is brought to its notice by the parties.47. Appeals against the orders of the Delhi Urban Property Registration and TitlingTribunal(1) Any person aggrieved by an order or decision of the Tribunal may prefer an appeal to theAppellate Tribunal. Provided that any such appeal shall be filed within sixty days fromthe date of communication of the decision or order of the Tribunal to him on any questionof law arising out of such order:Provided that the Appellate Tribunal may, if it is satisfied that the appellant wasprevented by sufficient cause from filing the appeal within the said period, allow it to befiled within a further period not exceeding sixty days.(2) No appeal shall lie to the Appellate Tribunal from an order or decision made by theTribunal with the consent of parties.(3) On receipt of an appeal preferred under sub-section (1), the Appellate Tribunal shall,after giving parties to the appeal, an opportunity of being heard, pass such orders thereonas it thinks fit, confirming, modifying or setting aside the order appealed against.(4) The Appellate Tribunal shall send a copy of every order made by it to the Tribunal andparties to the appeal.32
Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt withby it as expeditiously as possible and endeavour shall be made by it to dispose of theappeal finally within six months from the date of the receipt of the appeal.48. Constitution of Appellate Tribunal(1) The government shall, by notification in the Official Gazette, constitute with effect fromsuch date as may be specified therein, an Appellate Tribunal to be called the " DelhiUrban Property Registration and Titling Appellate Tribunal" consisting of such numberof members as may be prescribed, to be appointed by that government, for hearingappeals against the orders of the Tribunal under this Act.(2) The chairperson of the Appellate Tribunal shall be a person who is or has been a Judge ofthe Supreme Court or the Chief Justice of a High Court.(3) The government shall vide notification provide for the composition, constitution of theAppellate Tribunal, term, salary, vacancy and other particulars of the officers of suchAppellate Tribunal, and all such other matters that the government deems fit andnecessary for operation and fulfillment of the role of the Appellate Tribunal.49. Powers of the Appellate Tribunal(1) The Appellate Tribunal may, by order in writing, form one or more benches from amongits members and authorise each such bench to exercise and discharge such of theTribunal's powers and functions as may be specified in the order; and every order madeor act done by a bench in exercise of such powers or discharge of such functions shall bedeemed to be the order or act, as the case may be, of the Tribunal.(2) To the extent permissible, the Appellate Tribunal shall not be bound by the procedurelaid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by theprinciples of natural justice and, subject to the other provisions of this Act and of anyrules made by the Central Government, the Appellate Tribunal and the AppellateAppellate Tribunal shall have power to regulate their own procedure.(3) The Appellate Tribunal shall have, for the purposes of discharging its functions under thisAct, 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. summoning and enforcing the attendance of any person and examining himon 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 ofsuch record or document from any office;33
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Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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