Section 5:
Tribunal.
(1) The Central Government may, by notification in the Official Gazette, constitute, as
and when necessary, a tribunal to be known as the "Unlawful Activities (Prevention) Tribunal" consisting
of one person, to be appointed by the Central Government:
Provided that no person shall be so appointed unless he is a Judge of a High Court.
(2) If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding
officer of the Tribunal, then, the Central Government shall appoint another person in accordance with the
provisions of this section to fill the vacancy and the proceedings may be continued before the Tribunal
from the stage at which the vacancy is filled.
(3) The Central Government shall make available to the Tribunal such staff as may be necessary for
the discharge of its functions under this Act.
(4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated
Fund of India.
(5) Subject to the provisions of section 9, the Tribunal shall have power to regulate its own procedure
in all matters arising out of the discharge of its functions including the place or places at which it will
hold its sittings.
(6) The Tribunal shall, for the purpose of making an inquiry under this Act, have 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) the summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document or other material object producible as
evidence;
(c) the reception of evidence on affidavits;
(d) the requisitioning of any public record from any court or office;
(e) the issuing of any commission for the examination of witnesses.
(7) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed
to be a civil court for the purposes of section 195 and 1
[Chapter XXVI] of the 2[Code].
Notes:
1. Subs. by Act 29 of 2004, s. 5, for "Chapter XXXV" (w.e.f. 21-9-2004).
2. Subs. by s. 3, ibid., for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 21-9-2004).