23/12/2024, 19:03 The Punjab Defamation Act 2024 10. Powers and jurisdiction of the Tribunal.– (1) Subject to the provisions of this Act, a Tribunal shall, while exercising jurisdiction under this Act, have all the powers as are vested in a civil court under the Code. (2) A Tribunal shall in all matters with respect to which the procedure has not been specifically provided in this Act or under the Rules, follow the procedure laid down in the Code. (3) Subject to sub-sections (4) & (5), no other court or tribunal or judicial/quasijudicial forum, other than a Tribunal constituted under this Act, shall have jurisdiction or may exercise any jurisdiction with respect to any matter to which the jurisdiction of a Tribunal extends under this Act. (4) For the purpose of any claim to be filed by the holder of a Constitutional Office, the claim in terms of sub-sections (2) & (3) of section 11 shall be filed before the Lahore High Court, and the jurisdiction under this Act for such a claim shall be exercised in the same manner as provided under this Act and the Rules. For the purpose of this Act, a special Single Bench shall be nominated from time to time by the Chief Justice of the Lahore High Court as a Special Bench at the Principal Seat of the Lahore High Court, Lahore, notwithstanding any bar that may otherwise exist on its territorial limits or jurisdiction. (5) All proceedings pending in any court or tribunal under the Defamation Ordinance, 2002 shall continue to be heard and disposed of by the same court having jurisdiction under the said Ordinance, and all other remedies under the said Ordinance shall be available in the same manner as were available before the coming into force of this Act. (6) The Tribunal shall decide the case within one hundred and eighty (180) days from the date of the first appearance of the Defendant. (7) Notwithstanding anything contained in the Code or any other law for the time being in force, the Tribunal shall have jurisdiction regarding any claim or actionable wrong, which has either been disseminated, circulated, received, read or viewed within the territorial precincts of Punjab or, as a result of such material being published or broadcasted, a person who resides, works for gain or discharges his functions/duties, either permanently or temporarily, within the territorial limits of Punjab, has been defamed. (8) The Tribunal may grant pre-trial settlement opportunity to the Parties by referring the matter for mediation to an accredited Alternate Dispute Resolution (ADR) Centre in the District, if so consented to by both parties. (9) If the matter is referred to mediation in terms of sub-section (8) above, the decision of the mediator shall be final. (10) The Tribunal may award actual costs, including counsels’ actual fee, legal fees and expenses incurred, expenses relating to witnesses and other costs of litigation, on the basis of sufficient and justifiable reasons. 11. Procedure of Tribunal.– (1) While deciding a case, the Tribunal shall, subject to the provisions of this Act, adopt the summary procedure provided in Order XXXVII of the Code. (2) A Claimant may, within sixty days of the defamation or coming to his notice or knowledge of such defamation, may institute a claim before the Tribunal by presenting his claim in the form of a plaint or application, which shall be verified on oath by the Claimant. (3) In case of a claim, if so desired to be filed by the holder of a Constitutional Office, the same may be filed through an authorized officer or attorney, without there being a need for the holder of the Constitutional Office to put up his appearance during the punjablaws.gov.pk/laws/2884.html 7/13