Judicial Notification No.2/2017 is Published
Supreme Court of India
High Court of Andhra Pradesh
The Administrative Tribunals Act,1985
The Administrative Tribunals (Amendments) Act, 2006
APAT (Procedure) Rules, 1989
APAT Practise Rules, 1995
Contempt of Courts Act, 1971
APAT Contempt of Courts Rules,1992
ublic Information Officers
Directory of officers & employees
Right to Information Act, 2005
APAT RULES OF PRACTISE, 1995
1.SHORT TITLE OF COMMENCEMENT
1.These Rules may be called the Andhra Pradesh Administrative Tribunal Practice Rules, 1995. 2.They shall come into force on the date of their publication In the Andhra Pradesh Gazette.
a. "Act" means the Administrative Tribunals Act, 1985(Act 13 of 1985). b. "Rules" means the Andhra Pradesh Administrative Tribunal (Procedure) Rules.1989 issued by the Central Government. c. "Original Application" means an application filed under Section 19 of the Act. d."Miscellaneous Application" means an application filed in any original Application for grant of interim reliever for execution under Rule 37 or any such other order. e."Registrar" means the Registrar of the Tribunal and includes the Deputy Registrar or any other officer authorised by the Chairman to exercise the powers of the Registrar. 3. An application for permission by more than one person to join in single original Application shall show that having regard to the cause of action and the nature of relief prayed for all the Applicants have a common interest, in the matter in dispute and single trial does not cause any inconvenience in the proceedings. It must also be shown whether the Applicants belongs to the same or different departments and whether they come from the same or different districts/zones/Multi zones. 4. Where the Applicants are permitted to join in one Application by reason of common interest, only one set of application fee is payable. Where it is not possible to say that they have common interest, but they are, however, allowed to join in one Application as they belong to same Department, cadre and Unit and keeping in view the common interest and relief sought, each applicant has to pay separate Application Fee. 4.(1)An Association seeking permission under Rule 4(5) (b) of the Rules shall file a Miscellaneous Application accompanied by (a)Authenticated copies of orders recognizing the Association; (if any) (b)Authenticated copies of the by-laws of the Association; (c)Authenticated copies of the resolution of the Association authorizing the Applicant to move the Original Application on behalf of the Association; (d)An authenticated list of the members of the Association. (2)The cause title in such a case should also show that the original Application is filled on behalf of the Association by the appropriate office bearer pursuant to the by-laws or resolution. 5.(1)One or more persons of a class or classes may, with the leave of the Tribunal, file an application on behalf of others of the same class or classes. Similarly an application may, with the leave of the Tribunal, be filed against one or more persons of a class or classes. The application for leave shall beaccompanied by a brief notice indicating the filing of such application, the relief sought for therein and other particulars for approval of the Registry.The notices as approved shall be sent to the head of the department, zonal or other offices for exhibition on their notice boards. It shall also be published on the notice board of the Tribunal. Whoever wants to come on record to oppose an application in pursuance of such notification may obtain copies of the relevant documents from the Counsel for the applicant and apply for being impleaded. (2)The Tribunal may on application or suo motu direct that the aforesaid procedure shall be followed in any case in which it considers appropriate. (3)No such case shall be abandoned, withdrawn or compromised unless the Tribunal has given notice to persons who are interested in the manner specified in sub-rule (1). Where any person applying or defending in any such case does not proceed with the due diligence the Tribunal may substitute in his place any other person having the same interest in the case. 6.Every Original Application shall be accompanied by a separate Annexure in duplicate, printed, cyclostyled or typed giving the particulars of classification in the following proforma: OA.No._________________________20
the post l
Civil post/post under local/other authority
District Code No.
Type of service
Grade/ Any other
cadre of con
7.Every Original Application shall also be accompanied by the following declarations: DECLARATIONS (1) The Applicant hereby declares that he is a party to OA/RP/WP......... pending before this Tribunal or disposed of by this Tribunal/ erstwhile Tribunal/ High Court of Andhra Pradesh, in which the same issue or similar controversy is/has been raised. The applicant is not aware that, he is not a Party to any OA/RP pending before this Tribunal or than any OA/RP/WP., has been disposed of by this Tribunal/ Erstwhile Tribunal/ High Court of Andhra Pradesh in which the same issue or similar controversy has been raised. (2) The Applicant hereby further declares that persons likely to be affected are impleaded as Respondents in this Application/ not impleaded as Respondents in this Application for the following reasons: Note: Any one Applicant authorised by the other Applicants may sign the declaration. 8.In additional to the extra copies for service on the Respondents as required by Rule-4(3) of the Rules, the Applicant shall file three more copies of the Application along with material papers in paper- book form duly indexed for the use of the Bench. The Application shall also be accompanied by an extra copy of complete cause title with particulars and relied portion for use of the Registry. 9.Copy of every Original Application or Miscellaneous Application or any other Application along the copies of the documents accompanying therewith before being presented in the Registry, shall be served on the Government Pleader or Standing Counsel concerned for Mandal and Zilla Praja Parishads, Municipal Corporations, Municipalities and other local authorities and the Application shall contain the endorsement of service signed by the Government Pleader or Standing Counsel concerned or the Superintendent of the Government Pleaders' Office or some one authorised in this behalf or by a registered Clerk of the Standing Counsel concerned as the case may be or by any other person so authorised by the Standing Counsel concerned under intimation to the Registry. 10.Every Original Application or Miscellaneous Application or other Application shall be accompanied by notice forms together with the envelops and acknowledgment forms in duplicate legibly filled up together with the process fee, in any, prescribed. The Advocate/ Party shall sign the forms in the left bottom corner to vouch safe the accuracy of the entries. The case number, the date of appearance and the date of process shall, however, be filled up by the Office.
All applications shall be presented to the Section Officer, Scrutiny Section between 10.30 A.M. To 3.00 P.M. 12.Section Officer of the Scrutiny Section shall sign the receipt slip in Form No.VII of the Rules. 13.Scrutiny Officer shall scrutinize the Application to see whether all the provisions of the Act and the Rules are complied with. He shall also verify the correctness of the classification made by the Advocate/ Party. 14.All objections shall as far as may be taken at one time. Minor objections may be got rectified then and there. The Application shall be returned to the party for complying with the objections under the signature of the Registrar.Time shall be prescribed for re-presentation and may be extended under orders of the Registrar. In no case, time grated by the Registrar should exceed 2 weeks. 15.Where the application is prima facie barred by the limitation under Section 21 of the Act, it shall state the cause for not making the Application within the prescribed time. 16.An Index Sheet shall be opened for every Original Application. Vakalats and documents filed from time to time shall be entered therein as and when they are filed. 17.Every Original Application containing a prayer for interim injunction or any separate Miscellaneous Application filed by interim relief shall state whether the Applicant has received notice of any Caveat.The Scrutiny Officer shall verify and endorse whether any Caveat filed or not. 18.Any Application filed by a Respondent or a Party proposing to be impleaded as a respondent, for vacating any earlier interim Order passed by the Tribunal shall as far as possible in the Form No. VI and numbered separately as VMA No. .........../ 20____.
4.ADMISSION AND NOTICE
19.Original Applications and applications for review of the Orders of the Tribunal shall,after scrutiny,be posted before the Tribunal for Orders as to Admission.If the Tribunal orders issue of Notice before Admission, it shall be issued in Forms No.I or II.After admission of the O.A,Notice shall be issued in Form No.III. 20.Notice shall be served not less than 14 days before the date fixed for hearing.If it is returned unserved before the date fixed for the hearing, the petition shall be posted before the Registrar for directions. 21.Provided that where a party enters appearance, service of all petitions,Affidavits and Documents on the Advocate shall be sufficient service on the party for the purpose of these proceedings. Notices shall ordinarily be issued by Registered Post with Acknowledgment Due.The Registrar may permit any Party to serve any Notice personally and filed an Affidavit after service. The Tribunal may direct service of Notice through the Department or in any other manner as it appears just and convenient. 22.If any Notice is returned unserved, an intimation of that fact and of the reason why the notice has not been served shall be given on the Notice Board of the Registry and the Petitioner or the Respondents as the case may be, shall within the period of seven days from the date of which the intimation if so given, deposit further process fee and additional copies of Petition, and other accompaniments for the serving of fresh notice and shall give particulars necessary for serving notice. If the fresh notice or any subsequent notice is returned unserved, the same procedure shall be repeated The Registrar shall determine whether the notice has been duly served and may direct the issue of fresh notice In case the earlier notice Is not served. 24.When any party has failed to deposit the prescribed fee for service of notice on the Respondent, the matter shall be posted for orders of the Registrar. 25.Notices intended to be served on the State Government, Heads of the Department or any Officer sued in his official capacity may be served on the concerned Government Pleader, and such service shall be deemed to be proper service on the Respondent concerned. 26.Where a notice is served on the Respondent before admission or on any application for condonation of delay and orders have been passed admitting or numbering the O.A. after hearing the Respondent, it shall not be necessary to issue fresh notice after admission or numbering of the O.A. 27.Service of notice on any interlocutory matter shall be deemed to be sufficient service for the purpose of O.A. 28.Where it is satisfied that notice cannot be served in the ordinary way, the Tribunal shall order the notice to be served by affixing a copy thereof on the notice board of the registry and on the notice board of the office where the respondent is working or has last worked, service substituted by order of the Tribunal shall be as effectual as if it has been made In the ordinary way. 29.If it is not reasonably practicable to serve notice upon all the Respondents. The applicant may apply to the Tribunal, explaining the circumstances under which notice could not be served and showing how the interests of the Respondents on whom notice has not been served are adequately and sufficiently represented by the Respondents served.Notice of such application shall be served on the Government and on the party which passed the Impugned order.
5.PREPARATION OF CAUSE LISTS AND POSTING OF CASES
The Judicial Section shall prepare a list of cases ready for hearing. The list shall be called 'the ready list'. It shall be prepared in January and in June every year.It may be supplied to the Advocates on payment of the prescribed fee. 31.The posting section shall also prepare a weekly list of ready cases for each Bench and it shall hold good for the entire week unless otherwise ordered by the Chairman/the Bench concerned. 32.Daily cause lists shall be prepared of cases to be admitted and cases to be posted for final hearing drawn from the weekly lists in the chronological order. A provisional list of Division Bench matters and Single Member matters will be published every Monday to be taken up In case the regular list is not taken up. 33.The Chairman shall constitute Full Benches of not less than 3 Members each to decide the matters referred to in Rule 15 of the (Procedure) Rules, and Division Benches to decide other matters and Bench consisting of a Single Member to dispose of cases notified under Section 5(6) of the Act. (2) The Single Member, before whom any case is posted. may admit, hear and dispose of the matter finally. He may also grant any relief. He may direct, at any stage that any case may be posted before a Bench consisting of 2 Members.If any party so requests, the Single Member shall refer the matter to a Bench of 2 Members.
(1)No documents in the possession or power of any party, which have not been produced in accordance with Rules 9 and 12 of the Rules, shall be received at any subsequent stage of the proceedings, unless the party .files them with a Memo and shows good cause to the satisfaction of the Tribunal for their non-production in the first instance. The particulars of the documents shall be Included in an Index and the documents shall he marked in continuation of the numbers given to the documents If any filed earlier by that party. Copies of the Memo and of the additional documents shall be served on the other side before they are filed in the Registry. (2)All documents summoned by the Tribunal shall be produced through the Government Pleader concerned who shall take them back after done with for return to the department concerned.
7.INSPECTION OF RECORDS BY THIRD PARTIES
(l)Any person, who is not a parry to a proceedings, desiring to Inspect the record of a case before the Tribunal, may apply to the Registrar by a duly stamped petition supported by an affidavit stating the purpose of inspection. The Registrar may grant permission or in case of difficulty post the same before bench. (2)Copies of proceedings maybe granted on payment of charges prescribed for the purpose.
(1)When a person is entitled to obtain a copy of a proceeding or a document filed or in the custody of the Registrar, he may present an application for it to the Section Officer, Issue Section. (2)The application shall be in Form No. V in the Appendix and shall set out description of the document of which the copy is required. (3)Applications not conforming to the requirements of the Rules shall not be entertained until the defect or defects are rectified. (4)Copies of Members' minutes or of correspondence not strictly Judicial or of any confidential proceedings will not be furnished without leave of the Tribunal. (5)A list showing the applications in which the records have been received, and number of stamp papers required shall be prepared and affixed to the notice board of the Registry every day. Such list shall remain on the notice board for three days, or if the last day Is a holiday, till the next working day. (6)After the required stamp papers are deposited, the copies shall be made ready. A list of copies ready for delivery shall be posted and shall remain on the notice board for three clear working days.The copy and any unused stamps shall be delivered to the applicant. (7)Every copy furnished by the Tribunal shall be certified by the Section Officer of the Issue section to be true copy to which the seal of the Tribunal shall be affixed. (8)Every copy shall bear an endorsement showing the dates of the following: a)application made; b)Stamps called for; c)Stamps deposited; d)Copy ready; e)copy delivered. (9)One copy stamp paper or Court-fee equivalent shall be furnished for every 175 words or fraction thereof. (10)Copies shall be furnished on non-judicial stamp paper or on white paper of full-scape size with requisite Court-fee stamps affixed on each sheet. (11)If xerox copies are required, they may be obtained on payment of prescribed fee. (12)If additional copies of final orders/judgments are required, an application affixing Court-fee stamp of Rs. 2.25ps shall be made on the same day as the Order/Judgment is pronounced or on the next working day or before the xerox copies are taken by the Office along with the copying charges at the rate of Rs. 2/- per page. Charges shall be remitted in the Administrative Section and the receipt produced before the Section Officer, Issue section, who will arrange for the issue of xerox copies.
9.ENFORCEMENT OF TRIBUNAL'S ORDERS
(1)The applicant in whose favour the order is made may apply to the Tribunal for execution in the manner prescribed in Section 27 of the Act. The Tribunal may after notice to the authority concerned pass appropriate orders. (2)An order of costs, compensation etc.,passed by the Tribunal may be executed as a money decree passed by a Civil Court.
10.SUPREME COURT RECORDS
(1)On receipt of communication from the Supreme Court of India, the party or Counsel,as the case maybe, shall be notified of the liability to pay process fee, transmission charges,translation charges and to comply with any other direction issued by the Supreme Court and shall be required to comply with the same within 15 days of the receipt of the notice or within such time as may be fixed by the Supreme Court of India. (2)On failure to comply with the above sub-rule,a report shall be submitted to the Supreme Court in this behalf by the Registrar or any Officer authorised by him.
11.DESTRUCTION OF RECORDS
Each case record shall be divided into two parts part on consisting of: (1)Order Sheet: (2)Application with its annexures in original: (3)Counter of the Respondents with the annexures in original: (4)Judgment of the Tribunal and any appellate Judgment of the Supreme Court: And Part Two consisting of all other documents. (40)The Original Judgments of the Tribunal shall in all cases be separated from the records, keeping a Xerox copy or Roneo copy with the records. All the original Judgments of the year shall be bound in one or more volumes and kept in safe custody. (41)Part one of the record shall be retained permanently. Part two shall be destroyed after 5 years from the date of the final order in the case. The destruction of records will be taken up after obtaining orders from the Registrar. (42)If any document is made evidence in any other case before the expiry of the period of the destruction, it shall be destroyed only along with the records in the other case. (43)Before taking up destruction of records, steps shall be taken to return all the original documents to the parties concerned. All the records liable to be destroyed, shall be notified on the Notice Board of the office, one month before taking up destruction and parties will be required to take back their original documents. (44)Ad hoc Rules issued in Notifications No. 4/91 3/92 and 1 /94 are hereby repealed.
DOWNLOADABLE FORMS ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL(PROCEDURE) RULES, 1989. 1.Form-I -Application under Section 19 of the Administrative Tribunals Act, 1985. 2.Form-II -Receipt Slip. 3.Form III -Misc.Application Format. 4.Form IV -Application for the Registration of a Clerk. ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL RULES OF PRACTICE, 1995. FORM I - Notification regarding Admission. FORM II FORM III FORM IV FORM V FORM VI - APPENDIX. FORM VII - RECEIPT SLIP. CONTEMPT OF COURTS - RULES, 1992. Form No. I - Summons. Form No. II - Notice. Form No. III - Warrant of Arrest. Form No. IV - Warrant of Commitment of Contempt.
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Judicial Notification No.2/2017 is Published
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