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Section 7: Proceedings of Tribunal

Public Bodies Appeal Tribunal Act

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

7. Proceedings of Tribunal (1) The Tribunal shall sit at such place and time as the Chairperson may determine. (2) Where the Tribunal adjourns any proceedings, it may resume them at such place and time as the Chairperson may determine. (3) In an appeal before the Tribunal, the onus of proof shall rest with the appellant. (4) The Chairperson may direct that 2 or more appeals be heard together. (5) In performing its functions, the Tribunal shall endeavour to combine fairness to the parties with economy, informality and speed. (6) In the hearing of an appeal, the Tribunal is not bound by the procedures or legal forms of a court of law, and rules of evidence, but shall— (a) observe the principles of natural justice; (b) keep a written record of its proceedings; and (c) give reasons for its decision on the appeal. (7) The Tribunal may, in relation to any matter before it— (a) hear and determine the matter, where a duly summoned party fails to appear on the date fixed for the hearing, without prior notification of valid reasons for his non-appearance and the party having lodged the appeal is present; (b) dismiss, strike out or postpone the matter, where the party having lodged the appeal is not in attendance on the date fixed for the hearing. (8) The Tribunal may— (a) make such orders for requiring the attendance of persons and, subject to section 6 (4) (b) and (c), the production of articles or documents, as it thinks necessary or expedient; P46A – 3 [Issue 2] Public Bodies Appeal Tribunal Act (b) take evidence on oath and, for that purpose, administer oaths; (c) on its own motion, summon and hear any person as witness; and (d) adopt such procedures as may be necessary for the proper functioning of the Tribunal. (9) Any person who— (a) fails to attend the Tribunal after having been required to do so under subsection (8); (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; or (d) at any sitting of the Tribunal— (i) wilfully insults any member thereof; or (ii) wilfully interrupts the proceedings, or commits any contempt of the Tribunal, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year.

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