The Admistrative Tribunals Act,1985/ Universal Law Publication

THE ADMINISTRATIVE TRIBUNALS ACT, 1985
Introduction
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Act not to apply to certain persons
3. Definitions
'CHAPTER II
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
4. Establishment of Admiiustrative Tribunals 5. Composition of Tribimals and Benches thereof 6. Qualifications for appointment as Chairman, Vice-Chairman or other Members
7. Vice-Chairman to act as Chairman or to discharge his fimctions
in certain circumstances
"8. Term of office 9. Resignation and removal
10. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members IDA. Saving terms and conditions of service of Vice-Chairman 11. Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc.
12. Financial and administrative powers of the Chairman
13. Staff of the Tribunal
CHAPTER III
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS 14. Jurisdiction, powers and authority of the Central Administrative Tribunal 15. Jurisdiction, powers and authority of State Administrative Tribunals 16. Jurisdiction, powers and authority of Joint Administrative Tribunal
17. Power to punish for contempt
18. Distribution of business amongst the Benches
CHAPTER IV
PROCEDURE
19. Applications to Tribunals 20. Applications not to be admitted unless other remedies exhausted .
21. Limitation
22. Procedure and powers of Tribunals 23. Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers
24. Conditions as to making of interim orders
25. Power of Chairman to transfer cases from one Bench to another
26. Decision to be by majority
27. Execution of ordere of a Tribunal
CHAPTER V
MISCELLANEOUS
28. Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution
29. Transfer of pending cases 29A. Provisions for EUng of certain appeals 30. Proceedings before a Tribunal to be judicial proceedings 31. Members and Staff of Tribunal to be public servants
32. Protection of action taken in good faith 33. Act to have overriding effect
34. Power to remove difficulties 35. Power of the Central Government to make rules 36. Power of the appropriate Government to make rules 36A. Power to make rules retrospectively 37. La>'ing of rules
THE CENTRAL ADMINISTRATIVE TRIBUNAL (PROCEDURE) RULES, 1987
Rules 1. Short title and commencement
2. Definitions 3. Language of the Tribunal 4. Procedure for filing applications 5. Presentation and scrutiny of applications ^ 6. Place of filing applications 7. Application fee 8. Contents of application 9. Documents to accompany the application
10. Plural remedies " 11. Service of notice and processes issued by the Tribunal IZ Filing of reply and other documents by the respondents 13. Dale and place of hearing to be notified
14. Calendar of cases 15. Action on application for application's default 16. Ex parte hearing and disposal of application 17. Application for review ^ 18. Substitution of legal representatives 19. Adjourrunent of hearing ^ 20. Order to be signed and dated 21. Publication of orders 22. Communication of order to parties 23. Inspection of the records 24 Order and directions in certain cases 25. Registration of legal practitioner's clerk 26. Working hours of the Tribunal
27. Sitting hours of the Tribunal
28. Powers and functions of the Registrar 29. Additional powers and duties of Registrar 30. Additional powers of the Registrar of the Principal Bench
31. Seal cuid emblem
32. Dress of the Members and staff of the Tribunal
33. Dress of the parties FORM I.— Application under section 19 of the Administrative Tribunal Act, 1985
FORM n.—Receipt slip FORM III.—[Application for an interim order or direction—See rule 8(3)1
FORM TV.—Application for the Registration of a clerk
THE CENTRAL ADMINISTRATIVE TRIBUNAL RULES OF PRACTICE, 1993
CHAPTER I
PRELIMINARY
1. Short title
~ 2. "Commencement
CHAPTER II
3. Definitions
CHAPTER III
PREPARATION AND PRESENTATION OF PLEADINGS AND
OTHER PAPERS
4. Preparation of pleadings and other papers
5. Date and signature
6. Attestation
7. Production of authorisation for and on behalf of an Association
8. Procedure on production of defaced, torn or damaged documents. 9. Receipt of papers 10. Date stamping of papers and maintenance of Inward Register
CHAPTER IV
SCRUTINY, REGISTRATION, NUMBER AND POSTING
FOR ADMISSION/ORDERS 11. Scrutiny of application/petition/other pleadings and papers
12. Maintenance of Order Sheet.
13. Classification of papers 14. Submission of case files to Registrar
15. Registration and Numbering 16. Maintenance of I.P.Os./D.Ds. Register
17. Rectification of defects 18. Posting of cases for admission/orders before the Bench
19. Posting of urgent cases 20. Matters to be attended to prior to commencement of sitting
21. Maintenance of Court Diary
22. Statutes/Citations for reference
23. Calling of cases in court 24. Regulation of court work
CHAPTER V
SERVICE OF NOTICE
25. Issue of Notice 26. Step for issue of fresh notice 27. Consequence of failure to take steps for issue of fresh notice 28. Service of notice etc. on Legal Practitioners
29. Form of Notice 30. Entries regarding service of notice/process
CHAPTER V
HLING OF REPLY STATEMENTmEJOINDER 31. Case deemed to be ready on failure to file reply in time 32. Filing of rejoinder 33. Papers not to form part of the records 34. Incorporation of amendments, filing of additional reply, etc. CHAPTER VII
PROCEEDINGS BEFORE REGISTRAR'S COURT
35. Matters to be listed before the Registi'ar's court
36. Cause List for Registrar's court 37. Recording of proceedings 38. Inclusion of cases in the ready list v/hen pleadings are complete CHAPTER VIII PREPARATION OF READY LIST, WARNING LIST, DAILY CAUSE LIST AND POSTING OF CASES
39. Maintenance of Ready List 40. Preparation of Warning List
41. Publication of Warning List 42. Preparation and publication of Daily Cause List 43. Carry forward of Cause LLst and adjournment of cases on account of non-sitting of a Bench 44. Supply of Cause List
45. Request for Adjounamenls 46. Maintenance of Stage Register and Posting Register 47. Early hearing of cases 48 Vacation Bench Sittings and Posting of cases CHAPTER IX POSTING OF REVIEW APPLICATIONS
49 Posting of Review Applications
CHAPTER X
full bench matters 50 Preparation and filing of paper books on reference to the Full Be 51 Circulation of order of Reference to other Benches 52 Seeking orders of Chairman for constitution of Full Bench and fixing dale of hearing 53. Conveyance of the orders of the Chairman
54. Notification regarding Full Bench hearing • 55. Circulation of Full Bench dccision/opiruon . i,
CHAPTER XI
INSPECTION OF RECORDS
56. Grant of Inspection 57. Application for grant of Inspection 58. Fee payable for Inspection
59. Mode of Iirspection
60. Maintenance of Register of Inspection
CHAPTER XII
LEGAL PRACTITIONERS BEFORE THE TRIBUNAL 61. Appearance of legal practitioners 62. Appearance on behalf of Government, etc. 63. Nomination or engagement of another legal practitioner 64. Consent for engaging another legal practitioner
65. Restrictions on appearance
66. Access to information
67. Form and execution of vakalalnama 68. Restriction on party's right to be heard
69. Professional dress for the Advocate
CHAPTER XIII
REGISTERED CLERKS OF LEGAL PRACnTIGNERS 70. Prohibition of Employment of tout 71. Disqualification for registration of clerks
72. Registration of legal practitioner's clerk
73. Cancellation of registration
74. Notifying registration and cancellation 75. Issue of Identity Card " 76. Access to information by registered clerks ~ ii> n ^ • 77. Carrying out corrections ' 78. Discharge of duties of an absentee clerk 79. Presentation and return of papers
CHAPTER XIV
AITIDAVITS
80. Title of affidavits
81. Form and contents of the affidavit
82. Corrections/erasures etc.
83. Persons authorised to attest
84. Affidavits of illiterate, bbnd etc. 85. Identification of deponent
86. Annexures to the affidavit
CHAPTER XV ^
DISCOVERY, PRODUCTION AND RETURN OF DOCUMENTS 87. Application for producticn of documents, form of summons 88. Siw moiu summoning of documents
89. Marking of documents
90. Return and transmission of dociuncnts
CHAPTER XVI
EXAMINATION OF WITNESSES AND ISSUE OF COMMISSIONS
91. Procedure for examination of witnesses, issue of comrmssions, etc.
92. Examination in camera
93. Form of oath/affirmation to witness
94. Form of oath/affirmation to interpreter
95. Officer to administer oath
96. Form-recording of deposition 97. Numbering of witnesses
98. Grant of discharge certificate 99. Witness bhatta payable
100. Records to bo furnished to the Commissioner 101. Taking of specimen handwriting, signature, etc. CHAPTER XVII
PRONOUNCEMENT OF ORDER
102. Order 103. Operative portion of the Order
104. Correctior«
" 105. Pronouncement of order 106. Pronouncement of order by any one Member of the Bench 107. Authorising any Member to pronounce order 108. Making of entries by court officer 109. Transmission of order by the court officer
110. Format of order
111. Costs
112. Compliance of urgent orders 113. Placing copies/common orders 114. Indexing of case files disposal ^ 115. Transmission of files/records/orders \ 116. Copies of orders in Library CHAPTER XVIII GRANT OF CERTinED COPIES AND FREE COPIES
117. Form and foe of application 118. Right of the party to obtain certified copy 119. Application for copies by stranger 120. Register of copy application and requisition register 121. Copying fee 122. Scrutiny of copy application, requisitioning of case recor s an rectification of defects 123. Determination of additional copying fee 124. Renuttance of additional copying fee 125. Order of preparation of certified copy 126. Time limit for issue of urgent/ordinary copy
• /
127. Notifying when copies are ready for delivery and consequence of not taking delivery 128. Proper accounting of copying fee received 129. Preparation and comparison of certified copy
130. Re-transmission of case records
131. Mode of delivery of certified copy 132. Request for certified copy by post
133. Intimation of rejection 134. Supply of free copy only once 135. Certifying of free copies
136. Time for furnishing free copies 137. Furnishing of free copy in a joint application 138. Furnishing of corrected free copy of order
CHAPTER XIX
APPEAL TO SUPREME COURT
139. Matmer of service of order notice issued by the Supreme Court of India. 140. Steps to comply with Supreme Court directions 141. Register of S.LiPs./Appeals 142. Placing of Supreme Court orders before Chairman/ Vice-Chairman/Members
143. Circulation of the orders of the Supreme Court 144. Registrar to ensure compliance of Supreme Court orders
CHAPTER XX
RETENTION, PRESERVATION AND DESTRUCTION OF RECORDS 145. Procedure regarding retention, preservation and destruction of records 146. Receipt, scrutiny and custody of records 147. Rectification of defects/securing of missing records 148. Maintenance of Register of Records received in the record room . 149. Entry regarding destruction
150. Preservation of records requiring permanent retention
151. Retention of records beyond prescribed period
CHAPTER XXI
MISCELLANEOUS
152. Circuit Benches
153. Use of computers
154. Classification of cases subjectwise/departmentwise
155. Weekly and monthly statements—Fumislting of 156. Inspection of Registry 157. Due compliance with the Act, Rules of Procedure and the Rules of Practice
158. Removal of doubt/difficulty
FORM NO. 1.— Form of Inde.x
FORM NO. 2— Report on the scrutiny of Application . FORM NO. 3.— Report of the scrutiny of Contempt of Court Petition (Civil/Criminal)
FORM NO. 4.— Order Sheet FORM NO. 5.— [Classification ofpapers—See rule 23]
FORM NO. 6.— [Notification for rectifying the defects in application or pleading— See rule 17]
FOrM NO. 7.— Process memo
FORM NO. 8.— [Notice to shotu cause regarding admission—See rule 29]
FORM NO. 9.— [Notice ordered after admission—See rule 29]
FORM NO. 10.— Application for Inspection of documents/records .
FORM NO. 11.— Memo of Appearance
FORM NO. 12.— Form of Vakalatnama
FORM NO. 13.— [Identity Card—See rule 75(a)]
FORM NO. 14.— Affidavit FORM NO. 15.— Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate
FORM NO. 16,— [Summon for production of documents—See rule 87(c)] FORM NO. 17.— Deposition of PW/RW FORM NO. 18.— Certificate of Discharge
FORM NO. 19.— Format of Order
FORM NO. 20.— Bill of Costs
FORM NO. 21.— Index Sheet FORM NO. 22.— Application for grant of certified copy FORM NO. 23.— Notification of certified copies ready for deilvery . FORM NO. 24.— Parti—Statement showing disposal of cases Part II—Category-wise Statement of Institution and disposal FORM NO. 25.— Part I—Statement showing the position regarding Institution, disposal and pendency of cases for the month Part II—Year-wise break-up of pending cases
FORM OF REGISTER NO. 1 .—Inward Register FORM OF REGISTER NO. 2.—Register of original applications, transferred applications, review applications, contempt petitions/petitions for transfer, miscellaneous applications FORM OF REGISTER NO. 3.—I.P.O./D.D. Register
FORM OF REGISTER NO. 4.—Court Diary form of register no. 5.—Ready List of OAs/RAs/TAs/CPs (Civil/Crl.)/ P.Ts./M.As.
form of register no. 6.—Stage Register form OF REGISTER NO. 7.—Posting Register
form of register no. 8.—Register of Inspection . • form of register no. 9.—Register of registered clerks of legal practitioners form of register no. 10.—Register of copy appUcations form OF REGISTER NO. 11.—Requisition Register FORM OF REGISTER NO. 12.—Despatch Register of free copies of orders . FORM OF REGISTER NO. 13.—Register of S.L.Ps/Appeals to Supreme Court FORM OF REGISTER NO. 14.—[Reg/sfcTo/rccords—Sec ru/e 245] . APPENDIX Order No. 1/32/87-J/^ dated December 18,1991 . • APPENDIX U.— Order No. 13/19/91-JA, dated December 18,1991. appendix III.— Order No. 1/32/87-JA, dated January 20,1992 appendix IV.— Notification No. 13/19/91-JA, dated February 18,1992 .
APPENDIX V.— The Central Administrative Tribunal (Destruction of Records) Rules, 1990 APPENDIX VI.— Department-wise classification of cases APPENDIX VII.—^Subject-wise classification APPENDIX VIII.—Subject-wise classification of cases APPENDIX IX.— Format for inspection of judicial sections
THE CONTEMPT OF COURTS (C.A.T.) RULES, 1992
Rules
1. Short title and commencement
2. Definitions
3. Form of motion
I 4. Parties to the proceedings 5. Contempt of the petition
6. Taking cognizance 7. Initiation of proceedings ^ 8. Preliminary hearing and notice
9. Compelling attendance 10. Appearance of the respondent 11. Reply by the respondent 12. Right to be defended by an Advocate 13. Hearing of the case ahd trial 14. Assistance in the conduct of proceedings
15. Procedure for trial
16. Expenses of witnesses
17. Execution of sentence
18. Execution of processes
19. Procedure on forfeiture of the bond 20. Apology at any stage of the proceedings
21. Costs 22. Application of other Rules of the Tribunal 23. Application to pending proceedings FORM NO. I.—Notice to respondent
FORM NO. II.—Warrant of arrest
FORM NO. III.—Charge
FORM NO. rv.—Warrant of commitment to prison
FORM NO. V.—Warrant for attachment of movables FORM NO. VI.—Warrant of Attachment by District Collector/ Deputy Commissioner
TABLE OF JURISDICTION OF BENCHES OF CENTRAL ADMINISTRATIVE TRIBUNAL