Section 40: Procedure and powers of Tribunal

40. Procedure and powers of Tribunal (1) The Tribunal shall sit at such place and time as the Chairperson of the Tribunal may determine. (2) Where the Tribunal adjourns any proceedings, it may resume them at such place and time as the Chairperson of the Tribunal may determine. (3) Subject to any regulations made under section 48, all appeals before the Tribunal shall be instituted and conducted— (a) as far as possible in the same manner as proceedings in a civil matter before a District Magistrate; (b) in accordance with the law of evidence in force in Mauritius; (c) in public, except where the Tribunal otherwise orders on the ground of public safety or public order or the privacy of persons concerned. (4) The Tribunal may— (a) make such orders for requiring the attendance of persons and the production of articles, documents or other electronic records, as it thinks necessary or expedient; (b) take evidence on oath and may for that purpose administer oaths; (c) on its own motion, call and hear any person as witness; and (d) adopt such procedures as may be necessary for the proper functioning of the Tribunal. I12 – 27 [Issue 1] Information and Communication Technologies Act (5) Any person who— (a) fails to attend Tribunal after having been required to do so under subsection (4); (b) refuses to take an oath before the Tribunal or to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him in any proceedings before the Tribunal or to produce any article or document when required to do so by the Tribunal; (c) knowingly gives false evidence or evidence which he knows to be misleading before the Tribunal; (d) at any sitting of the Tribunal— (i) wilfully insults any member thereof; (ii) wilfully interrupts the proceedings, or commits any contempt of the Tribunal, shall commit an offence. (S. 40 came into operation on 1 December 2003.)