Section 36U:
Procedure and powers of recovery officer and Appellate Tribunal.
1[36U. Procedure and powers of recovery officer and Appellate Tribunal.--(1) The recovery
officer and the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil
Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the
other provisions of this Act and of any regulations, the recovery officer and the Appellate Tribunal
shall have powers to regulate their own procedure including the places at which they shall have their
sittings.
(2) The recovery officer and the Appellate Tribunal shall have, for the purposes of discharging
their functions under this Act, 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 him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application for default or any order passed by it
ex parte; and
(h) any other matter which may be prescribed.
(3) Any proceeding before the recovery officer or the Appellate Tribunal shall be deemed to be a
judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196
of the Indian Penal Code (45 of 1860), and the recovery officer or the Appellate Tribunal shall be
deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of 1974).]
Notes:
1. Ins. by Act 15 of 2000, s. 20 (w.e.f. 12-6-2000).