On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 15/12/1998.
PART IV
MISCELLANEOUS PROVISIONS
40. An order of a tribunal shall be final and binding on all parties to the proceedings in which the order is made and, except as provided in section 38, no appeal shall lie in respect thereof.
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41.
—(1) Any order of —
(a)
the tribunal made under section 25(3) or 29(1);
(b)
may, on the application of a person aggrieved by that order, be set aside by the tribunal and the tribunal may make such further order as it thinks just.
[2/98]
(2) An application under subsection (1) shall be made within one month after the date on which the order was made or such further period as the tribunal may allow.
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[2/98]
42.
—(1) The filing of a notice of appeal shall not operate as a stay of execution of an order unless the tribunal or the High Court, as the case may be, otherwise orders.
(2) Any stay of execution may be subject to such conditions as to costs, payment into a tribunal, the giving of security or otherwise as the tribunal or the Court thinks fit.
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43.
—(1) Any person who —
(a)
assaults, wilfully insults or obstructs a Referee or any witness or officer of a tribunal during a sitting of a tribunal or while a Referee, witness or officer is on his way to or from such a sitting;
(b)
assaults or wilfully insults or obstructs any person in attendance at a sitting of a tribunal;
(c)
wilfully interrupts or otherwise misbehaves at a sitting of a tribunal; or
(d)
without lawful excuse, disobeys any order or direction of a tribunal (not being an order referred to in section 35) during a sitting of the tribunal,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months.
(2) A tribunal may by oral order exclude from a sitting of the tribunal any person whose behaviour in the opinion of the Referee constitutes an offence under subsection (1) whether or not such person is charged with the offence.
(3) The Registrar or officer under his control or any police officer may take such steps as are reasonably necessary to enforce such exclusion.
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44.
—(1) A Referee shall have and enjoy the same protection as a Magistrate has and enjoys under the Subordinate Courts Act (Cap. 321).
(2) For the avoidance of doubt as to the privileges and immunities of Referees, parties, representatives and witnesses in the proceedings of a tribunal, it is declared that such proceedings are judicial proceedings.
(3) The privileges and immunities referred to in subsection (2) shall extend and apply to --
(a)
a tribunal acting under section 28(3) and (4); and
(b)
a person who gives information or makes any statement to the Registrar or tribunal on any such occasion.
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45. The Registrar shall cause to be published, in such manner as the Minister from time to time directs, such particulars relating to proceedings in tribunals as the Minister specifies in the direction.
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46. Nothing in this Act shall be construed as precluding a person from lodging a claim that is within the jurisdiction of a tribunal in any other court if that person elects to institute proceedings in that other court to hear and determine that claim.
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47.
—(1) The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act (Cap. 322) may make rules to —
(a)
regulate the practice and procedure of tribunals and the enforcement of orders of the tribunals;
(b)
prescribe such things, including fees or costs, as are required by this Act to be prescribed; and
(c)
prescribe such matters as are necessary for carrying out the provisions of this Act.
[4/96]
(2) Without limiting the generality of subsection (1), the rules may provide for the following:
(a)
the form of documents to be issued by tribunals and the sealing of documents;
(b)
the form and content of documents to be used by parties and intending parties, and the service of documents and the giving of notices by such persons;
(c)
the functions, powers and duties of the tribunals, the Registrar and other officers of the Registry in relation to —
(i)
the service of documents and giving of notices;
(ii)
the enlargement of dates of hearing; and
(iii)
the adjournment of proceedings;
(d)
the withdrawal and amendment of claims;
(e)
the summoning of witnesses and the payment of witnesses from public funds or otherwise;
(f)
the commission of offences by, and punishment of, persons who refuse to give evidence or obey a summons to witness;
(g)
the transfer of proceedings from a court to a tribunal and from a tribunal to a court;
(h)
the manner and the conditions under which appeals may be brought against orders made by tribunals; and
(i)
regulating and prescribing the procedure to be followed on appeals from a tribunal to the High Court.
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