Section 13 of The Petroleum and Natural Gas Regulatory Board Act, 2006
- (1)The Board shall have, for the purposes of discharging its 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)subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or a copy of such record or document, from any office and production of such documents;
- (c)receiving evidence on affidavits;
- (d)issuing commissions for the examination of witnesses or documents;
- (e)dismissing an application for default or deciding it, ex parte;
- (f)setting aside any order of dismissal of any application for default or any order passed by it, ex parte;
- (g)granting interim relief;
- (h)reviewing its decision; and
- (i)any other matter which may be prescribed.
- (2)Every proceeding before the Board 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 Board shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
- (3)The Board shall be guided by the principles of natural justice and subject to other provisions of this Act and of any rules made thereunder, shall have powers to regulate its own procedure including the places at which it shall conduct its business.
Summary
- The Board has the same powers as a civil court when trying a suit, including summoning people, examining them on oath, and asking for documents.
- It can receive evidence on affidavits, issue commissions for examining witnesses, and grant interim relief.
- The Board can dismiss an application if a party does not show up, or decide it without them, but it also has the power to set aside such a dismissal.
- Proceedings before the Board are legally treated as judicial proceedings under specific sections of the Indian Penal Code and the Code of Criminal Procedure.
- The Board must follow the principles of natural justice and has the power to regulate its own procedure, including where it conducts business.
Practical examples
FAQ
1. Does the Board act like a regular court?
Yes, for the purpose of its functions, the Board has the same powers as a civil court, meaning it can summon people and demand public records.
2. Can the Board change a decision it already made?
Yes, the Board has the specific power to review its own decisions.
3. What rules govern how the Board conducts its hearings?
The Board is guided by the principles of natural justice and has the power to regulate its own internal procedure.
Test yourself
Q1.Under Section 13 of The Petroleum and Natural Gas Regulatory Board Act, 2006, what power does the Board possess when handling documents?
Q2.Under Section 13 of The Petroleum and Natural Gas Regulatory Board Act, 2006, how are proceedings before the Board legally classified?
Q3.Under Section 13 of The Petroleum and Natural Gas Regulatory Board Act, 2006, what guiding principle must the Board follow while regulating its own procedure?
Q4.Under Section 13 of The Petroleum and Natural Gas Regulatory Board Act, 2006, can the Board make a decision if the applicant fails to show up?