Himachal Pradesh State Transport Appellate Tribunal Rules, 2023

[25th July 2023]

In exercise of the powers conferred under sub-section (1) of Section 96 of Motor Vehicles Act, 1988 (Central Act No. 59 of 1988), the Governor, Himachal Pradesh proposed to make Himachal Pradesh State Transport Appellate Tribunal draft rules, 2023 and the same are hereby published in the Rajpatra (e-Gazette), Himachal Pradesh for the information of the General Public;

If any person, likely to be affected by these draft rules, has any objection(s) or suggestion(s) to make with regard to these rules, he/she may send the written objection(s) or suggestion(s) to the Principal Secretary (Transport) to the Government of Himachal Pradesh, Shimla-2 within a period of seven days from the date of publication of the said draft rules in the Rajpatra (e-Gazette), Himachal Pradesh;

The objection(s) or suggestion(s), if any, received within the above stipulated period, shall be taken into consideration by the Government of Himachal Pradesh before finalizing the said draft rules, namely:-

CHAPTER 1 General

Rule - 1. Short title and commencement

(1)     These rules may be called the Himachal Pradesh State Transport Appellate Tribunal Rules, 2023.

(2)     These rules shall come into force from the date of publication in the Rajpatra (e-Gazette), Himachal Pradesh.

Rule - 2. Definitions

(1)     In these rules, unless the context otherwise requires.-

(i)       "Act" means the Motor Vehicles Act, 1988 (59 of 1988);

(ii)      "appeal" means the memorandum of appeal filed under section 89 of the act before the Tribunal;

(iii)     "Court" means the place where the Tribunal holds its sitting;

(iv)    "Form" means a Form appended to these rules;

(v)      "Government" means the Government of Himachal Pradesh;

(vi)    "party" means the appellant, respondent or opposite party and includes his pleader or authorised agents;

(vii)   "pleader" means a pleader as defined in clause (15) of Section 2 of the Code of Civil Procedure, 1908;

(viii)  "Presiding Officer" means the Presiding Officer of the State Transport Appellate Tribunal;

(ix)    "revision application" means an application to the State Transport Appellate Tribunal made under Section 90;

(x)      "Secretary" means the person who for the time being is discharging the functions of the Secretary of the Tribunal;

(xi)    "Section" means a section of the Act;

(xii)   "State Representative" means an officer appointed by the State Government to receive on behalf of the Regional Transport Authorities or the State Transport Authority notices issued by the Tribunal and includes an officer appointed to act on his behalf in his absence; and

(xiii)  "Tribunal" means the State Transport Appellate Tribunal, Himachal Pradesh, constituted under sub-section (2) of section 89.

(2)     All words and expressions used but not defined in these rules shall have the same meaning as respectively assigned to them in the Act and the Himachal Pradesh Motor Vehicles Rules, 1999.

CHAPTER 2 Headquarters, sitting and office hours

Rule - 3. Headquarter

(1)     The Headquarter, of the Tribunal shall be at Hamirpur, District Hamirpur in Himachal Pradesh or at such other place as may be notified by the Government from time to time.

(2)     All appeals and revision applications shall ordinarily be heard at the Headquarter:

Provided that the Presiding Officer may decide that an appeal or revision application may be heard at another place in the State of Himachal Pradesh after due intimation to the parties.

Rule - 4. Office hours

The Tribunal shall hold its sittings during the same hours as in the case of other offices of the State Government.

CHAPTER 3 Appeal and revision application

Rule - 5. Appeal

(1)     An appeal shall lie to the Tribunal within thirty days of receipt of the order appealed against:

Provided that if any doubt arises as to the date of the receipt of the order by the person aggrieved, the decision of the Tribunal shall be final.

(2)     No appeal shall relate to more than one order and be signed and presented by or on behalf of more than one aggrieved party.

(3)     An appeal shall be in the form of a memorandum in duplicate setting forth concisely the grounds or objection to the order appealed against and shall be accompanied by the original or certified copy of the order appealed against along with treasury challan showing the deposit of the fee prescribed under sub-rule (5):

Provided that no appeal as aforesaid shall be deemed to have been made properly unless the names of the respondents are described in the case title of the memorandum and unless copies of the appeal memo are filed simultaneously for service on them as well as on the original authority.

(4)     The Tribunal, after the appeal is admitted, shall give the parties not less than thirty days notice of the date, time and place at which the appeal will be heard and both the parties within fourteen days of the receipt of such notice, forward to the Tribunal a list of documents upon which they propose to rely together with copies of such documents in duplicate:

Provided that the Tribunal may, on a petition made by the appellant at its discretion dispense with the above notice of 30 days for hearing the appeal and also for production of the documents to be relied by the parties within 14 days as specified above, if, he is satisfied that the above periods as prescribed shall occasion a failure of justice or render the appeal infructuous and in such cases may limit the period of such notice to not less than 7 days after the appeal is admitted.

(5)     The fee for an appeal shall be Five Hundred rupees and shall be paid in Government treasury under the Head "0041-Taxes on Vehicles."

Rule - 6. Revision

(1)     The provisions of rule 5 laying down the manner of presentation, hearing and disposal of an appeal, shall apply mutatis mutandis in regard to the presentation, hearing and disposal of petition of revision.

(2)     The fee for an application of revision shall be rupees Five hundred and fifty only and be paid to Government treasury under the same Head as mentioned in sub-rule (5) of rule 5.

Rule - 7. Appeal or revision filed by a pleader

(1)     In case an appeal or revision application is presented to the Secretary by the pleader such appeal or revision application shall be accompanied by a vakalatnama duly accepted by the pleader and shall bear a court fee stamp as provided in the Court-fees Act, 1870.

(2)     In every appeal or revision application in addition to the parties before appropriate authority the Regional Transport Authority or the State Transport Authority or the Secretary of either authority, as the case may be, shall also be made respondent.

(3)     In every appeal or revision application the memorandum shall also furnish the name and full address of appellant or applicant and all the respondents/opposite parties.

Rule - 8. Registration of appeals and revision applications

(1)     On receipt of an appeal or revision application the Secretary shall endorse on it the date of its receipt and shall enter the same in Form No. I. The Secretary shall thereafter examine-

(a)      whether the person, presenting it, has an authority to do so;

(b)      whether it conforms to the provisions of the Act and these rules.

(2)     If the Secretary finds, that the appeal or revision application does not conform to the requirements of the Act or these rules, he shall make an endorsement directing the parties to remove the defect within seven days and cause it to be entered in the remarks column of Form No. I and paste it on the notice board of the Tribunal and also intimate the party presenting the appeal on the revision application.

(3)     If the defect or defects is or are not removed within the date fixed, the Secretary shall make a report to that effect to the Presiding Officer of the Tribunal who may hear the matter on giving the notice of such hearing to the party and the State Representative, if any, in Form No. II.

(4)     On the date fixed for such hearing the Presiding Officer of the Tribunal may after hearing the parties, if any, pass orders directing the admission of appeal or revision application or its rejection or such other order as he deems proper. Where the appeal or revision application is rejected the Tribunal shall record its reasons for doing so.

(5)     When an appeal or revision application is presented, the Secretary shall cause the particulars of such appeal or revision application entered in the register in Form No. III and such entries shall be numbered in every year according to the order in which they are registered. If the memorandum of appeal or revision application is in order, the Tribunal shall admit the appeal or revision, as the case may be :

Provided that where more than one appeal or revision application are filed against the same order, they shall be all clubbed together and disposed of by one common order.

Rule - 9. Procedure after admission of appeal or revision

If an appeal or revision application has been admitted, the Tribunal shall fix a date of hearing and notice of the date fixed for hearing shall be issued to the parties concerned by registered post with acknowledgement due in Form No. IV. A copy of the memorandum of appeal of revision application shall be furnished to the respondents or opposite parties, as the case may be.

CHAPTER 4

Rule - 10. Hearing, adjournment and final order

On the date fixed for hearing or any other date to which the hearing may be adjourned the applicant shall ordinarily be heard first in support of his appeal or application and the respondent or his pleader or agent and the State Representative shall if necessary be heard next after which the appellant or applicant shall be entitled to reply.

Rule - 11. Additional evidence

(1)     The parties to the appeal or revision application shall not be entitled to, produce additional evidence whether oral or documentary before the Tribunal, except in the following circumstances:-

(a)      if the authority from whose order the appeal or revision application is preferred has refused to admit evidence which ought to have been admitted; or

(b)      if the party seeking to adduce additional evidence satisfies the Tribunal that such evidence, notwithstanding the exercise of due diligence was not within his knowledge or could not be produced by him at or before the time when the order under appeal or revision was passed; or

(c)      if the Tribunal requires any documents to be produced or any witness to be examined to enable it to pass just order; or

(d)      for any other sufficient reason, the Tribunal may allow such evidence or documents to be produced or witnesses examined:

Provided that where such evidence is received the other party shall be entitled to produce rebutting evidence, if any.

(2)     If the Tribunal is of the opinion that any witness should be examined in connection with any case before it, it may instead of examining him before itself, issue a commission to the concerned Regional Transport Authority or the State Transport Authority, as the case may be, or to an advocate or such other suitable person as it may deem fit in the circumstances of the case, as mentioned in Order XXVI of CPC, for the purpose of examining such witness.

Rule - 12. Summons to persons for additional evidence

(1)     Where additional evidence is allowed to be produced, a party who wants any person to be examined as a witness or to cause production of documents, may apply to the Secretary for, summoning the person whose attendance is required either to give evidence or to produce documents or both and the Secretary shall issue summons in Form No. V to the party for service on the person concerned.

(2)     Where the person to be summoned is a public servant, the party shall along with the application for summons, deposit before the Secretary a sum of money as appears to the Tribunal to be sufficient to defray the travelling and other expenses of such person summoned for coming to the Tribunal and back and/or one days attendance.

(3)     Where the person to be summoned is not a public servant, on the application of the party, the Tribunal may summon the person concerned.

Rule - 13. Adjournment

(1)     The Tribunal may on such terms as it thinks fit and at any stage adjourn the hearing of any appeal or revision application.

(2)     An application for adjournment may be presented with an affidavit of the party or a person acquainted with the facts of the case.

(3)     All applications including the application for an adjournment shall be required to be stamped with a Court-fee as provided in the Court-fees Act, 1870:

Provided that this sub-rule shall not apply to the State Transport Authority or Regional Transport Authority or any other Transport Authority appearing before the Tribunal.

Rule - 14. Procedure in case of death of an appellant or an applicant

(1)     If any appellant or revision applicant dies while the appeal or revision application is pending and it cannot be proceeded with unless his legal representative is brought on record, the Tribunal shall adjourn further proceedings to enable the representative to apply for being made a party the appeal, or, as the case may be, to the revision application. If the legal representative fails to do so within ninety days from the date of such death of the appellant or revision applicant, the appeal or revision application shall abate as regards such deceased appellant or applicant, as the case may be.

(2)     If any respondent or opposite party dies during the pendency of an appeal or revision application and the same cannot be proceeded with without his legal representative being made a party, the appellant or applicant, as the case may be, shall, within ninety days of the death of the respondent or opposite party, apply to the Tribunal of joining the legal representatives as parties failing which the appeal or revision application shall abate as regards the deceased respondent or opposite party.

(3)     Notwithstanding anything contained in sub-rules (1) and (2) there shall be no abatement of an appeal or revision application by reason of the death of any party between the conclusion of the hearing and passing of the order, and the order in such a case, so passed in such appeal or revision shall have the same force and effect as if it had been passed before the death took place.

Rule - 15. Determination of legal representative

(1)     If a question arises in any appeal or revision application whether or not a person is the legal representative of a deceased appellant or applicant, such question may be determined by the Tribunal in summary, if necessary after taking evidence.

(2)     Whenever an order of abatement has been passed in a case where the appellant or applicant had died, his legal representative, and in a case where the respondent has died, the appellant or applicant may within sixty days from the date of such order apply to the Tribunal for setting aside the order of abatement and the Tribunal may, on sufficient cause being shown to its satisfaction, set aside the order of abatement and proceed with the appeal or revision application.

(3)     Where an application under sub-rule (2) has been filed after sixty days from the date of the order the Tribunal may condone the delay on a separate application filed for the purpose, on being satisfied that he has just and sufficient reason for not making the application in time or that he has been prevented from making such application for good and sufficient reasons.

Rule - 16. Order

(1)     Every order of the Tribunal shall be in writing and shall be pronounced in open Court immediately after completion of hearing or on the date fixed for the purpose.

(2)     If no date is fixed for pronouncing the order, the order shall be pronounced in open Court after giving notice to the parties.

(3)     The Tribunal shall serve a copy of the order on the authority against whose order the appeal or revision application is preferred.

Rule - 17. Return of documents

The documents shall be returned to the parties concerned immediately after the order is passed on receipt of an undertaking from them that they shall produce the documents whenever the Tribunal calls for the same.

CHAPTER 5 Miscellaneous

Rule - 18. Inspection of records and copies

(1)     Any party to any proceeding before the Tribunal may apply to the Secretary for the inspection of any documents, or for a certified copy of any document and the orders of the Tribunal and orders of the original authority.

(2)     Application for copies or for inspection of documents shall be in Form No. VI or Form No. VII, as the case may be, and shall set out the name and address of the applicant in full, the date and description of the documents of orders of which copies are required or which is/are sought to be inspected and the purpose for which they are required.

(3)     A Court-fee stamp of the value of fifty paise shall be affixed to every such application for inspection or for copy.

(4)     (a) Certified copies of documents or orders shall be prepared on foolscap paper with one inch margin either side and typed in double space.

(b) Certified copies of documents or orders shall be delivered by the Secretary to the party concerned on payment of fee specified in clause (c) towards the cost of preparing the copies.

(c) A fee of rupees two in the shape of Court-fee stamp shall be collected for every page of a certified copy.

(5)     If the Secretary entertains any doubt about the propriety of granting the Copy of any documents he shall place the application before the Presiding Officer and act in accordance with his order.

Rule - 19. Service of notices

(1)     The notices required to be issued under these rules shall be sent to the parties by registered post with acknowledgment due as per the address furnished in the appeal or revision application. An acknowledgment containing the signature of the addressee, member of his family or his pleader or his authorised agent to whom delivered or an endorsement by the postal authorities to the effect that the notice was refused by the addressee shall unless the contrary is proved be deemed to be sufficient for the purpose of service of such notice.

(2)     Where the Tribunal is satisfied that the addressee is evading or that it is not possible to serve the notice in the ordinary way it may direct that the notice may be sent to the last known address of the party by registered post and a copy of the notice shall be affixed on its notice board.

The notice so served shall be deemed to be sufficient.

Rule - 20. Maintenance and preservation of Records and Register

(1)     All miscellaneous petitions shall be entered in the register in Form No. VIII and numbered seriatim.

(2)     An application for copies of documents or orders on registration shall be entered in the register in Form No. IX and numbered seriatim.

(3)     All applications for inspection of documents on registration shall be entered in a register in Form No. X and numbered seriatim.

Rule - 21. Classification of records

The records of the Tribunal shall be divided into three classes-

(i)       Appeals under section 89;

(ii)      Revisions under section 90; and

(iii)     Miscellaneous cases.

Rule - 22. Arrangements of records in the Court or the Tribunal

(1)     Every record shall be ordinarily preserved for periods noted against each.

(2)     Every record under Clause (i) of rule 21 shall consist of four files namely, files A, B, C, and C.I.

(3)     Every record under Clauses (ii) and (iii) of rule 21 shall each consist of the files C and C.I.

(4)     File A shall contain-

(i)       Table of contents or Index page

(ii)      Order-sheet;

(iii)     Appeal;

(iv)    Judgement or order;

(v)      Counters, if any, filed by the respondents;

(vi)    Copy of the judgement of the High Court or Supreme Court, if any,

(5)     File B shall contain-

(i)       Table of contents;

(ii)      Report together with any schedule annexed thereto of the State Transport Authority or Regional Transport Authority;

(iii)     Judgement or order;

(iv)    Copy of the judgement received from High Court or Supreme Court, if any.

(6)     File C shall contain-

(i)       Table of contents;

(ii)      Order-sheet;

(iii)     Revision memo;

(iv)    All the evidence recorded by the Tribunal;

(v)      Parawise report;

(vi)    Lists of documents admitted in evidence (along with documents);

(vii)   Judgement or order.

(7)     File C.I. shall contain-

(i)       Table of contents;

(ii)      All other papers relating to the dispute, namely-

(a)      Notices issued from the Court or Tribunal;

(b)      Memorandum of appearances;

(c)      Applications for adjournment;

(d)      Haziras;

(e)      Other correspondence.

Rule - 23. Preservation of records

The records shall be preserved for one year only in the following cases, namely:-

(a)      Where neither party appears in a case; and

(b)      where the case has been dismissed for default of the appellant or applicant.

Rule - 24. Preparation of the records in the Court or the Tribunal

(1)     The table of contents shall be written in English day by day and shall show all the papers in the file in the order they had filed before the Tribunal. A separate serial No. (in Roman figure) will be assigned to the order sheet and it will not be taken into account in giving page marks to the other papers in the file.

(2)     The transfer of any Paper from one file to another file shall be noted in the table of both the files.

(3)     Documents filed in any case and the exhibits are not to be entered in the table of contents, but their lists are to be shown in the table of contents.

Rule - 25. The order-sheet

(1)     The order-sheet of the Tribunal shall be written in English and shall contain all the orders passed by the Tribunal from time to time in order to show the progress of the proceedings from first to last.

(2)     Lengthy orders shall not be written in the order-sheet. It shall be written in a separate sheet, but a note of the order and the date on which it was made shall be entered in it.

Rule - 26. Arrangement of the case records

(1)     The written statement and the additional written statement and other papers in every proceeding shall be attached as the case proceeds to the respective files to which they belong and shall be arranged properly in order to facilitate the Court. The depositions recorded from day to day shall be kept in order of examination.

(2)     Documents marked for the appellant/applicant shall be marked with figures 1, 2 and 3 etc. and documents respondents opposite-party shall be marked A, B, C etc. and separate list (one for the applicant and other for the respondent) of such documents shall be prepared and signed by the Presiding Officer. The entries in these lists shall be made day by day. Then a document is tendered but not admitted in evidence, it shall be returned at once to the person producing it.

Rule - 27. Maintenance of registers

The Tribunal shall maintain the following registers for Courts work apart from the other registers required for administrative purposes, namely:-

(i)       Register of appeals filed before the Tribunal (in Form No. III);

(ii)      Register of revisions under section 90 (Complaints under this section shall be noted in red ink) (in Form No. III);

(iii)     Register of miscellaneous Judicial Cases (in Form No. XI);

(iv)    Register of Court-fees (in Form No. XII);

(v)      Statistical and periodical register of appeals disposed of (in Form No. XIII);

(vi)    Register of application for copies (in Form No. IX);

(vii)   Register of writ petition filed against the orders of the Tribunal in the High Court and Supreme Court (in Form No. XIV);

(viii)  Register for destruction of records (in Form No. XV).

Rule - 28. Preservation of registers

The registers maintained in the Tribunal shall be ordinarily preserved for the periods noted against each item as mentioned below:-

(i)       Registers of appeals and revisions filed before the Tribunal-12 years;

(ii)      Register of miscellaneous judicial cases-3 years;

(iii)     Register of Court-fees-6 years;

(iv)    Statistical and periodical registers-12 years;

(v)      Copy of application register-3 years;

(vi)    Register of writ cases filed in High Court and Supreme Court-3 years;

(vii)   Register for destruction of records-12 years.

Rule - 29. Dismissal of appeal and re-admission of appeal dismissed for default

(1)       If on the day fixed or any other day to which the hearing may be adjourned, the appellant or his advocate does not appear or does not remove the defects in the appeal memo, when appeal is called on for hearing the Tribunal may make an order that the appeal be dismissed.

(2)       Dismissal of an appeal shall be notified to the authority from whose order the appeal is preferred.

(3)       When an appeal is dismissed for any one of the above reasons, the appellant may apply to the Tribunal within thirty days from the date of dismissal of the appeal and where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from removing any defect on the appeal memo, the Tribunal may restore such appeal to file on such terms as it thinks fit.

Rule - 30. Furnishing of return

The Tribunal shall furnish a quarterly return in Form No. XVI to the State Government before expiry of the first fortnight of the following month.

Rule - 31. Duties of the Secretary

(1)     The Secretary shall be the executive and shall be responsible for the administrative functions of the Tribunal.

(2)     The Secretary shall also be responsible for the proper maintenance of all registers including Books of Accounts and shall make periodical inspections of the office and submit his reports to the Tribunal. He shall also be responsible for the submission of all periodical returns to the concerned authorities in time and shall also be responsible for the grant of copies, consignments or records and compliance with the orders and requisitions of the High Court and Supreme Court in all writ matters concerning the decisions of the Tribunal.

(3)     The Secretary shall remain in charge of the routine duties of the Presiding Officer of the Tribunal during the absence of the Presiding Officer either on casual leave or on tour. He shall not, however, pass any judicial orders except adjourning the appeals and revisions during the absence of the Presiding Officer.

Rule - 32. Tribunals seal and date

(1)     There shall be a seal of the Tribunal, which should be affixed to all the orders and judgments and other important papers and notices issued by the Tribunal and it shall remain in the sole custody of the Presiding Officer or be delivered to the Secretary for safe custody.

(2)     There shall be also date seal of the Tribunal which shall be affixed to all Papers filed before the Tribunal or received by the Tribunal. It shall remain in the safe custody of the Presiding Officer who may allow it to remain in the safe custody of the Secretary.

Rule - 33. Local inspection and inspection of the vehicles and other properties

(1)     The Presiding Officer of the Tribunal may at any time during the pendency of the appeal or revision before it, visit the site or the vehicles concerned for the purpose of making a local inspection or examine any person likely to be able to give information relevant to the proceedings, after due notice to the parties concerned regarding the date of local inspection.

(2)     Any party or authorised representative of such party or his advocate may accompany the Presiding Officer of the Tribunal for a local inspection.

(3)     The Presiding Officer of the Tribunal after making a local inspection shall note briefly in a memorandum any facts observed and such memorandum shall form part of the record of the appeal or revision.

(4)     The memorandum referred to in sub-rule (3) of rule 7 may be shown to any party or his advocate to the appeal or revision who desires to see it and a certified copy thereof may on application be supplied to any such party.

Rule - 34. Production of motor vehicle for inspection

The Tribunal may, if it thinks fit, require the motor vehicle involved in the appeal or revision to be produced by the owner for inspection at a particular time and place to be mentioned by it, necessary in consultation with the concerned owner.

Rule - 35.

In interlocutory matters and in any other proceedings, the Tribunal shall examine the witness, make a brief memorandum of the substance of the evidence of each witness and such memorandum shall be signed by the Presiding Officer after it is read over and explained by the Bench Clerk and admitted to be correct by the concerned witness and it shall form a part of the record:

Provided that the evidence of any medical witness or any other expert witness shall be taken down as nearly as may be word for word.

Rule - 36. Maintenance of diary

The Tribunal shall maintain a brief diary of the proceedings of the appeals or revisions before it.

Rule - 37. Stenos duties

(1)     Shorthand Typist may be employed to take down the judgments, order in appeals and revisions, provided that the Presiding Officer or the Tribunal attaches a certificate to the effect that the judgement has been recorded at his dictation and attests each page thereof by his signature.

(2)     The steno shall consign the shorthand books to the record room.

Rule - 38. Application of Limitation Act

The provisions of sections 5 and 12 of the Limitation Act, 1963 shall, so far as may be, apply to appeals before the Tribunal.

Rule - 39. Stay order

Subject to such conditions as to partial compliance or the adoption of temporary measures as the Tribunal may in each case thinks fit to impose, it may suspend the order appealed against pending the decisions of the appeal or revision.

Rule - 40. Consignment of records

The Tribunal may in its discretion consign the disposed of records of appeals and revisions to the record room of the Revenue Department, Govt. of Himachal Pradesh at Hamirpur.

Rule - 41. Maintenance of accounts

Proper accounts pertaining to the office of the Tribunal shall be maintained by the Secretary with the help of one or more clerks, according to the financial rules of the Government under the instructions of the financial adviser attached to the Transport Department.

Rule - 42. Miscellaneous cases

(1)     In all stay matters, restoration matters and matters relating to substitution of parties and abatement proceedings, there shall be registers in each case as Miscellaneous Case on contest of each such matter of proceeding.

(2)     The Secretary of the Tribunal shall maintain a register of such Miscellaneous Cases.

Rule - 43. Interpretation

If any question arises relating to the interpretation of these rules, it shall be referred to the Government in the Transport Department for decision.

Rule - 44. Repeal and savings

The Himachal Pradesh State Transport Appellate Tribunal Rules, order, notifications etc. if any notified/issued earlier is/are hereby repealed:

Provided that any order issued, appointment made, action taken and things done under any of the provisions of the rules notification, order etc. so repealed shall be deemed to have been validly issued, made, taken and done under the provisions of these rules.

FORM NO. I

[See rule 8 (1)]

Daily list of appeals/revision applications

Day of................20................

Before................

FORM NO.-II

[See rule 8 (3)]

State Transport Appellate Tribunal, Himachal Pradesh

Appeal No...................of...................20...................

Revision No...................

Appellant/Applicant/Petitioner......................................

Versus

Respondent/Opposite party......................................

To

The above-named appellant/petitioner

Please take notice that the appeal/revision filed by you against the order of the................... passed in proceedings ................... dated................... has been placed before the State Transport Appellate Tribunal for orders regarding admission as it is defective as already intimated to you. The State Transport Appellate Tribunal will hear the matter on................... If you want to be heard, you should be present at the hearing in person or through your pleader or an authorised agent. If you fail to do so, the State Transport Appellate Tribunal will pass orders in your absence.

Given under my hand and the seal of the State Transport Appellate Tribunal.

Seal : By order,

Date : Secretary

Copy to the State Representative

FORM NO.-III

[See rules 8 (5) and 27 (i)(ii)]

Register of motor vehicles appeals/revisions instituted in State Transport Appellate Tribunal Date.................

FORM NO.-IV

[See rule 9]

State Transport Appellate Tribunal, Himachal Pradesh

Appellant

Revision applicant Appeal, Revision Applicant

Versus No...............

Respondent/Opposite Party

1.

2.

3.

4.

5.

To

(The above named parties)

Please take notice that the above appeal/revision filed by the above named

appellant/applicant against the orders of...............passed in proceedings...............dated...............stands posted for hearing on ............... at 10. A.M. at the office of the State Transport Appellate Tribunal, Himachal Pradesh at Hamirpur.

You may appear on the above date and on other dates to which the hearing may be adjourned thereon in person or by pleader or by an authorised agent to represent your case, failing which the appeal/revision application will be disposed of in our absence.

Given under my hand and the seal of the State Transport Appellate Tribunal.

Seal : By order,

Date : Secretary

Copy to the State Representative with copies of appeal or revision, memorandum copy of order.

Note.-Copy of the appeal or revision application shall be enclosed to the notices sent to each of the respondent.

FORM NO. V

[See rule 12 (1)]

The State Transport Appellate Tribunal, Himachal Pradesh

Appeal.............................. No..............................of Application

Appellant/Applicant

Respondent/Opposite Party

Whereas your attendance is required to give evidence on behalf of applicant/petitioner/respondent, in the above appeal/petition, you are hereby required personally to appear before this Tribunal at ............... Oclock and/or to bring with/or cause the production of ...............(description of documents to be produced).

A sum of Rs.............................. being your travelling and other expenses and subsistence allowance for one day is deposited in this Tribunal and it shall be paid to you on the day of your appearance before this Tribunal. If you fail to comply with this order without lawful excuse, the Tribunal may impose on you such fine not exceeding Rs. 1000 as it thinks fit and may order your property or any part thereof, to be attached and sold for the purpose of satisfying all costs of attachment together with the amount of the said fine, if any.

Notes.-(1) If you are summoned only to produce document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.

(2) If you are detained beyond the day aforesaid, a sum of Rs............... will be tendered to you for each days attendance, beyond the day specified.

FORM NO.-VI

[See rule 18 (2)]

Form of application for copy of the documents or orders

To

The

Secretary,

State Transport Appellate Tribunal, Himachal Pradesh.

(25 paise Court-fee stamp will be affixed)

(1)     Name and address of the applicant in full...

(2)     Description of document or order, copy of which is required...

(3)     Reference No. of the file of the Transport Appellate Tribunal in which the document of order is available...............

(4)     Purpose for which copy is required...

Date...............

Signature of the applicant.

FORM No.-VII

[See rule 18 (2)]

Form of application for inspection of documents

To

The

Secretary,

State Transport Appellate Tribunal, Himachal Pradesh

(25 paise Court-fee stamp shall be affixed)

(1)     Name and address of the applicant in full...

(2)     Description of the documents sought to be inspected...

(3)     Reference No. of the record in which it is available...

(4)     Purpose for which the inspection is required...

Date...............

Signature of the applicant.

FORM NO.-VIII

[See rule 20 (1)]

Register of miscellaneous petitions

FORM NO.-IX

[See rules 20 (2) and 27 (vi)]

Register of application for copies in the Court of the State Transport Appellate Tribunal

FORM NO. X

[See rule 20 (3)]

Application for inspection of documents

FORM NO. XI

[See rule 27 (iii)]

Register or miscellaneous judicial cases in the Tribunal

FORM NO.-XII

[See rule 27 (iv)]

Register of petition and Court-fees in the Court of the State Transport Appellate Tribunal

FORM NO. XIII

[See rule 27 (v)]

Statistical and periodical register of appeals disposed of

FORM NO.-XIV

[See rule 27 (vii)]

Register of writ petitions filed against the orders of the State Transport Appellate Tribunal in the High Court and Supreme Court

FORM NO. XV

[See rule 27 (viii)]

Register for destruction of records

FORM NO. XVI

[See Rule 30]

Number of cases disposed of by the State Transport Appellate Tribunal for the quarter ending