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CONTEMPT OF COURTS - RULES,1992
Under Section 23 of the Contempt of Courts Act, 1971 read with Section 17 of the Administrative Tribunals Act, 1985, the Andhra Pradesh Administrative Tribunal makes the following Rules:

These Rules may be called the Andhra Pradesh Administrative Tribunal (Contempt of Court) Rules.1992.

Every application for Contempt shall be numbered as Contempt Application and civil and criminal contempt may be numbered separately with separate code numbers. The alleged contemnor shall be shown as respondent.

(i)Every Contempt Application shall be in the form of a verified petition supported by an affidavit and state all the facts which are the basis of the alleged contempt. It shall be accompanied by as many authenticated copies of the petition, affidavit, the order which is said to be violated and other documentsrelied on as there are parties to be served plus three additional sets for the use of the Tribunal.

(ii)If the contempt alleged is against the State Government and/or a Head of the Department and/or any Public Officer, who is alleged to have committed the contempt in his official capacity, no particular officer need be impleaded co-nominee as party respondent. But, if the applicant alleges that any particularofficer has willfully committed contempt such officer shall be impleaded as party respondent.

(iii)Every case of contempt shall be posted for preliminary hearing before Division Bench. If the Bench does not dismiss it in limine. it may issue notice to the Government Pleader concerned. After giving an opportunity of hearing to the petitioner and the Government Pleader, the Bench may, either dismiss thepetition or admit it and order notice to the respondent.

(iv)Notice of a Contempt Application shall be in Form No. 11 and shall be accompanied by copies of the petition and the documents filed therewith. If the respondent for alleged contempt is the State Government or Head of the Department or any other Public Officer in its Official capacity, notice shall beserved on the Secretary to the Government Head of the Department or the Public Officer. If any respondent is an individual impleaded by name, notice shall be served on him personally:

Provided that. Tribunal may, while ordering notice or on application or memo signed by the respondent thereafter, dispense with the personal attendance of any respondent and permit appearance by an Advocate, subject to further orders of the Tribunal.

(a)If the notice is not served before the date fixed for hearing if there is enough time for service, the Registrar may issue fresh notice.

(b)If,inspite of service of notice, any of the respondents fails to appear on the date fixed for the appearance or if the Tribunal is satisfied that any of the respondents is avoiding service of notice, it may direct a warrant bailable or non-bailable, for his arrest to ensure his attendance on the date fixed for the hearing.

The warrant will be Issued under the signature of the Registrar and the seal of the Tribunal, it shall be executed, as far as may be, In the manner provided for the execution of warrants under the Code of Criminal Procedure.

9.Cases of criminal contempt may be heard by the Bench consisting of Members regaining whom such contempt is alleged. Cases of civil contempt may be heard by a Bench before whom such contempt cases are posted:

Provided that, a Bench may, at any stage, direct the case to be posted before the Bench, whose order Is alleged to have been flouted or before a Bench, consisting of one of the Members, whose orders are alleged to have been flouted;

Provided further that, the Chairman may post a case before any Bench.

10.After the appearance of the respondent, the Tribunal may give him a reasonable opportunity to file his counter and documents on which he relies. The petitioner may be given an opportunity to file a reply and any further documents after the counter is filed. A case may be decided on the basis of the pleadings, affidavits and documents placed before it:

Provided that, in cases of criminal contempt, the Tribunal may, If it considers necessary or any of the parties request, hold an enquiry;

Provided further that, in cases of civil contempt, the Tribunal may If It considers necessary hold an enquiry.

(c)Where the Tribunal commits the respondent, the warrant shall be signed by the Registrar and the Superintendent of the Jail shall execute the same and certify the fact to the Tribunal.

(d)Any fine imposed or costs awarded on a respondent shall be recovered by the Registrar in the manner provided under Section 421 of the Criminal Procedure Code, 1973.

(e)The foregoing rules shall apply mutatis mutandis to the petitions filed by the Advocate-General or by any person with the consent of the Advocate-General for taking action against any person under the Contempt of Courts Act.

(f)Where a member/Members consider that any matter that might have come to his/their notice in anyway requires initiation of proceedings of contempt against any person, he/they may draft a statement of facts of the case and refer the matter to the Chairman along with relevant documents for directions to refer the matter to the Advocate-General,

(g)(1) Where contempt is committed in view or presence or hearing of the Bench, the contemner may be punished by the Bench before which it Is committed, either forthwith or on such date as may be appointed by the Bench in that behalf after giving the contemnor an opportunity to make his defence to charge pending the determination of the charge, the Bench may direct that the contemnor shall be detained in such custody as it may specify:

Provided that, the contemnor may be released on ball on such terms as the Tribunal may direct.


FORM-II (Proforma)
Notice to a person charged with Contempt of Court
(See Rule 6)
In the Andhra Pradesh Administrative Tribunal at Hyderabad
Contempt Application No...................... of....................
Petitioner
Versus
Respondent
To
Whereas your attendance is necessary to answer a charge of Contempt of Court, viz:
(Here briefly state the nature of the Contempt)

Sir,

You are hereby required to appear In person (or by Advocate if the Tribunal has ordered)before this Tribunal at Hyderabad on the day of 20 at.......A.M.
and show cause why you shall not be punished under the Contempt of Courts Act.1971.
You shall attend this Tribunal at Hyderabad in person on the day of 200 .................. at .............. A.M.and shall continue to attend the Tribunal on all days thereafter lo which the case against you stands adjourned and until final orders passed on the charge against you.

Herein fail not
Dated this...................... day of....................... 20..................

Registrar
"To be omitted where the person charged is allowed or ordered to appear by Advocate.

FORM-II (Proforma)
Notice to a person charged with Contempt of Court

(See Rule 6)
In the Andhra Pradesh Administrative Tribunal at Hyderabad

Contempt Application No...................... of....................

Petitioner Versus Respondent To Whereas your attendance is necessary to answer a charge of Contempt of Court, viz:
(Here briefly state the nature of the Contempt)

Sir,

You are hereby required to appear In person (or by Advocate if the Tribunal has ordered)
before this Tribunal at Hyderabad on the day of 20 at
A.M. and show cause why you shall not be punished under the Contempt of Courts Act. 1971.
You shall attend this Tribunal at Hyderabad in person on the day of 200 .................. at
.............. A.M. and shall continue to attend the Tribunal on all days thereafter lo
which the case against you stands adjourned and until final orders passed on the charge against you.

Herein fail not
Dated this...................... day of....................... 20..................

Registrar

"To be omitted where the person charged is allowed or ordered to appear by Advocate.
FORM - III (Proforma)

Warrant of Arrest

(See Rule 9)

In the Andhra Pradesh Administrative Tribunal at Hyderabad

Contempt Application No..............of

To

(Name and designation of person or persons who is or are to execute the Warrant).
Whereas.................. of stands charged with Contempt of Court, you are
hereby directed to arrest the said...................... ................and to produce him before this Tribunal.

Herein fail not.

(If the Tribunal has issued a bailable warrant, the following endorsement shall be made on the
warrant),If the said.................. shall give bail himself In the sum of Rs.................. ............ with one surety
in the sum of Rs.................. (or two sureties each In the sum of Rs...................... to attend
before this Tribunal on the................. .......... day of............. 20................ and to continue so to
attend until otherwise directed by the Tribunal, he may be released.
Dated this...................... day of....................... 20..................

(Seal)

REGISTRAR.
FORM - IV (Proforma)

Bond and Bail Bond after Arrest under a Warrant

In the Andhra Pradesh Administrative Tribunal at Hyderabad
Contempt No...................... of...................... 20..................

I.................. ......being brought before the Andhra Pradesh Administrative Tribunal,
Hyderabad under a warrant issued to compel my appearance.to answer to the charge of
Contempt of Court do hereby bind himself to attend in Andhra Pradesh Administrative Tribunal,Hyderabad on the.......................................day of......................20 ................A.M......................... to answer to the said charge,

and to continue so to attend until otherwise directed by the Tribunal, and in case of my making default herein, I bind myself to forfeit to the State the sum of Rupees,

Dated this....................... day of........................ 20..................

(Signature). Executed before me. Registrar I/We do hereby declare my self/ourselves surety/sureties........

for the named above.......................
that he shall attend before the Andhra Pradesh Administrative Tribunal,Hyderabad to
answer the charge of Contempt of Court on which he has been arrested and shall continue
to attend until otherwise directed by the Andhra Pradesh Administrative Tribunal.Hyderabad and in case of his making default therein.
I/We hereby bind myself ourselves, jointly and severally to forfeit to the State the sum of Rupees..........

Signature.

Dated this....................... day of........................ 20..................

(Signature). Executed before the Registrar
NOTIFICATIONS

(Published in the Gazette of India Extraordinary Part II, Section 3 subsection (I) Dated 25-10-1989}

No.S-21013/13/87-SR

Government of India/Bharat Sarkar-Ministry of Home Affairs/Grih Mantralaya
New Delhi, the 25-10-1989

ORDER
G.S.R. 920 (E).................. in exercise of the powers conferred by clause(8)of Article 37ID of the Constitution, the President,being satisfied that the continued existence of the Andhra Pradesh Administrative Tribunal constituted under paragraph 3 of the Andhra Pradesh Administrative Tribunal Order. 1975, issued under clauses(3)and

|4]of the said article,is not necessary, hereby abolishes the said Tribunal with effect from the 1st November,1989,and directs that every case or other proceeding pending before the said Tribunal immediately before that date together with the records thereof shall stand transferred on that date to the Andhra Pradesh Administrative Tribunal established under sub-section (2) of Section 4 of the Administrative Tribunals Act, 1985 [13 of 1985), and the said Tribunal may proceed to deal with such case or other proceeding, so far as may be. in the same manner as in the case of an application under Section 19 of that Act, from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.

(No.8-210/13/87-SR)
By Order and in the name of President
(A.K.VARMA)
Joint Secretary to the Govt. of India.
To be Published in the Gazette of India, Extraordinary Part II, Section 3 sub-section(i)Dated 26-10-1989).

Government of India,Ministry of Personnel,Public Grievances and Pensions,Department of Personnel & Training
New Delhi,the 26th October 1989.

NOTIFICATION

g.s.r.921.................. in exercise of the powers conferred by sub-section(2)
of Section4of the Administrative Tribunals Act, 1985 (13of 1985). the Central Government on receipt of a request in this behalf from the Government of Andhra Pradesh, hereby establishes the Andhra Pradesh Administrative Tribunal with effect from the 1st day of November, 1989 which shall be the 'appointed day' within the meaning of clause (c) of Section 3 of the Act.

(No.A-11901/9/86-AT).
Smt.P.V.Valsala G.Kutty
Under Secretary to the Government of India.
(To be Published in the Gazette of India,Extra-ordinary Part II Section 3(i)
Dated 25-10-1989)

Government of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training
New Delhi,the 25th October,1989.

NOTIFICATION

G.S.R................ In exercise of the powers conferred by sub-section(4)of Section 4 of the Administrative Tribunals Act, 1985(13of 1985) the Central Government hereby appoints the 1st day of November 1989 as the date on which the provisions of the Act, in so far as they relate to the Andhra Pradesh Administrative Tribunal,shall come into force.(No.A110901/9/86-AT),

Smt. P.V. Valsala G. Kutty
Under Secretary to the Government of India.

NOTIFICATIONS BY GOVERNMENT OF A.P.
General Administration Department
(SPF-B)
GOVERNMENT OF ANDHRA PRADESH
Abstract

Andhra Pradesh Administrative Tribunal,1989-Jurisdiction-Extension of jurisdiction for consideration of cases relating to local bodies employees Orders - Issued.

General Administration(SPF.B)Department

G.O.Ms.No.652. Dated 11-11-1989. ORDER
The following notification will be published in the extraordinary issue of Andhra Pradesh Gazette dated 11-11-1989.

NOTIFICATION
In exercise of the powers conferred by Sub-Section(2)of Section 15 of the Administrative Tribunals Act, 1983 (Central) Act 13 of 1985) the Government of Andhra Pradesh hereby specified the Eleventh day of November.1989 as the date with effect from which the provisions of sub-section (3) of Section 15 of the said Act shall apply to the local authorities under the control of the State government.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

C.R. NAIR.
Chief Secretary to Government.
EXTENSION OF JURISDICTION FOR CONSIDERATION OF CASES RELATING TO THE OFFICERS AND STAFF TO ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL CONSTITUTED UNDER THE PROVISIONS OF ADMINISTRATIVE TRIBUNALS ACT,1985

[G.O.Ms. No. 478, General Administration (SPF.B),16th August,1990]
In exercise of the powers conferred by sub-section {2(of Section 15 of the Administrative Tribunals Act, 1985 (Central Act 13 of 1985), the Government of Andhra Pradesh hereby specify the sixteenth day of August. 1990 as the dale with effect from which the provisions of sub section (3) of Section 15 of the said Act, shall apply to the officers and staff of Andhra Pradesh Administrative Tribunal constituted under the provisions of Administrative Tribunals Act,1985.

V.P. RAMA RAO
Chief Secretary to Government.
          
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