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Quasi-judicial Powers

  • The Authorities under the PRANAM Commission will exercise quasi- judicial power while deciding the cases under the PRANAM Act. A quasi-judicial power refers to the power vested in the commission established by law, administrative officers, or bodies to determine the rights of those who appear before it. The Commission will possess the right to hold hearings on and conduct investigations into appeals and make decisions in the general manner of courts.

    The PRANAM Commission shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:

    (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things

    (b) requiring the discovery and inspection of documents

    (c) receiving evidence on affidavit

    (d) requisitioning any public record or copies thereof from any court or office

    (e) issuing summons for examination of witnesses or documents, and any other matter which may be prescribed.

    Designated Authority to have quasi-judicial Power:

    The Designated Authority, while hearing an application under Section 7 shall exercise quasi-judicial powers.

    Appellate Authority to have quasi-judicial Power:

    The Appellate Authority shall hear the appeal preferred under section 13, by giving reasonable opportunity of being heard to both the parties and pass such order as may be deemed necessary. While passing an order under this section, the Appellate Authority shall exercise quasi-judicial powers.

    Protection of action taken in good faith:

    No suit, prosecution or other legal proceeding shall lie against the State Government or an Organisation or any authority or any functionary or any officer thereof or any person for anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder.

    Bar of Jurisdiction of Courts:

    No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.