Section 48A
Tribunal. [S 61/2012]
(1)
The Minister may, on the recommendation of the Registrar, establish a tribunal to perform the functions specified in subsection (2).
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(2)
A tribunal established under subsection (1) shall hear and determine any dispute within the meaning of section 48(1) which is referred to it under this section.
(3)
The Minister may make such rules, not inconsistent with the provisions of this Act, as may be necessary or expedient for the purpose of enabling the tribunal to carry out its functions, and in particular, without prejudice to the generality of the foregoing power, such rules may provide for the constitution, officers and proceedings of the tribunal.
(4)
Upon establishment of a tribunal under subsection (1), all disputes within the meaning of section 48(1) —
(a)
arising after such establishment; or
(b)
which before such establishment, had been referred to the
Registrar under section 48(1) but in respect of which —
(i)
no step has been taken or no proceedings have been commenced by the Registrar for their disposal under section 48(2)(a); or
(ii)
no decision has been made by the Registrar to refer them to an arbitrator or arbitrators for disposal under section 48(2)(b) or to require the parties concerned to refer them to a court under section 48(2)(c), shall be referred to such tribunal.
(5)
A tribunal established under subsection (1) may —
(a)
procure and receive all such evidence, whether written or oral, and examine all such persons as witnesses as the tribunal may think it necessary to procure or examine;
(b)
require the evidence of any witness to be made on oath (and may for those purposes administer any oath) or by statutory declaration;
(c)
summon any person to attend any meeting of the tribunal to give evidence, or procure any document or other thing in his possession and examine him as a witness, or require him to produce any document or other thing in his possession;
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(d)
hear and determine the dispute referred to it, notwithstanding the absence of any party to the dispute who has been served with a summons or notice to appear;
(e)
notwithstanding any written law relating to evidence, admit any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings; and
(f)
conduct its proceedings or any part thereof in private.
(6)
The award of a tribunal shall be binding upon the parties and shall be enforceable by an Intermediate Court in the same manner as if the award had been a judgment of that Court.
(7)
Any party aggrieved by the award of a tribunal may appeal therefrom to the High Court in accordance with the rules of court applicable thereto.
(8)
Notwithstanding the establishment of a tribunal under subsection (1), the Registrar before whom a dispute is pending under section 48(2)(a) or any arbitrator or arbitrators to whom a dispute has been referred under section 48(2)(b) shall continue to deal with such dispute under those paragraphs, and sections 48(3) and (5) shall continue to apply to the decision of the Registrar or the award of such arbitrator or arbitrators, as the case may be.
(9)
Sections 48(2), (3), (4) and (5) do not apply to any dispute referred to a tribunal under this section.
(10)
Any reference in this Act to a decision of the Registrar or an award of an arbitrator or arbitrators shall, in respect of disputes determined by a tribunal under this section, be construed as a reference to an award of such tribunal.
Case stated on question of law.