In exercise of the
powers conferred by clauses (d), (e) and (f) of sub-section (2) of section 35
and clause (c) of section 36 of the Administrative Tribunals Act, 1985 (13 of
1985), the Central Government hereby makes the following rules, namely (1)
These
rules may be called the Kerala Administrative Tribunal (Procedure) Rules, 2010. (2)
They
shall come into force on the date of their publication in the official Gazette. In these rules, unless the context otherwise
requires - (a)
"Act"
means the Administrative Tribunals Act. 1985 (13 of 1985); (b)
"agent"
means a person duly authorised by a party to present an application, reply or
rejoinder on its (sic) before the Tribunal; (c)
"applicant"
means a person making an application to the Tribunal under section 19 ; (d)
"application"
means an application made to the Tribunal under section 19 ; (e)
"Form"
means the Form annexed to these rules ; (f)
"State
Government" means the Government of Kerala ; (g)
"Legal
Practitioner" shall have the same meaning as is assigned to it in the
Advocates Act, 1961 (25 of 1961); (h)
"Registrar"
means the Registrar of the Tribunal and includes any officer authorised to
exercise the powers and functions of the Registrar under sub-rules (2) and (3)
of rule 28; (i)
"section"
means a section of the Act; (j)
"transferred
application" means the suit or other proceeding which has been transferred
to the Tribunal under sub-section (1) of section 29 ; (k)
"Tribunal"
means the Kerala Administrative Tribunal established under sub-section (2) of
section 4; (l)
the
words and expressions used and not defined in these rules but defined in the
Act shall have the same meanings respectively assigned to them in the Act. (1)
The
language of the Tribunal shall be English: Provided that the parties to a proceeding
before the Tribunal may file documents drawn up in Malayalam, if they so
desire: Provided further that a Bench may in its
discretion permit the use of Malayalam in the proceedings. However, the final
order shall be in English. (1)
Subject
to the provisions of rule 9, an application to the Tribunal shall be presented
in Form I by the applicant in person or by an agent or by a duly authorised
Legal Practitioner to the Registrar or any other officer authorised by the
Registrar to receive the same or be sent by registered post with acknowledgment
due addressed to the Registrar. (2)
The
application under sub-rule (1) shall be presented in triplicate sets in a
paper-book form along with one empty file size envelope bearing full address of
the respondent: Provided that where the number of respondents
is more than one, as many extra copies of the application in paper-book form as
number of respondents together with required number of empty file size
envelopes bearing the full address of each respondent shall be furnished by the
applicant. (3)
The
applicant may attach to and present with his application a receipt slip as in
Form II which shall be signed by the Registrar or the Officer receiving the
applications on behalf of the Registrar in acknowledgment of the receipt of the
application. (4)
Notwithstanding
anything contained in sub-rules (1) (2) and (3), the Tribunal may permit - (a)
more
than one person to join together and file a single application if it is
satisfied having regard to the cause of action and the nature of relief prayed
for, that they have the same interest in the service matter; or (b)
an
Association representing persons desirous of joining in to file a single
application: Provided that such application shall disclose
the name, class, category and grade of all persons on whose behalf it has been
filed. (1)
The
Registrar or the officer authorised by him under sub-rule (1) of rule 4 shall
endorse on every application the date on which it is presented or deemed to
have been presented under that rule and shall sign the endorsement. (2)
If,
on scrutiny, the application is found to be in order, it shall be duly
registered and given a serial number. (3)
If
the application, on scrutiny, is found to be defective and the defect noticed
is formal in nature, the Registrar may allow the party to rectify the same in
his presence, and if the said defect is not formal in nature, the Registrar may
allow the applicant such time to rectify the defect as he may deem fit. (4)
If
the applicant fails to rectify the defect within the time allowed under
sub-rule (3), the Registrar may, by order and for reasons to be recorded in
writing, decline to register the application and place the matter before the
Tribunal for appropriate orders. Every application filed with the Registrar
shall be accompanied by a fee of rupees fifty which shall be paid in the form
of court fee stamps affixed on the application or remitted in the form of
crossed demand draft on a nationalised bank in favour of the Registrar, payable
at the main branch of the Bank at the station where the Tribunal is situated or
remitted through a crossed Indian Postal order drawn in favour of the Registrar
payable at the Post Office of the station where the Tribunal is situate: Provided that where the Tribunal permits a
single application to be filed, either by more than one person or by an
Association, the fee payable shall be rupees fifty: Provided further that when the Tribunal is
satisfied that an applicant is unable to pay the fee on ground of indigence, it
may exempt such an applicant from the payment of fee. (1)
Every
application filed under rule 4 shall set forth concisely under distinct heads,
the grounds for such application and such grounds shall be numbered
consecutively and typed on a thick paper of good quality in double space on one
side. (2)
It
shall not be necessary to present a separate application to seek an interim
order or direction pending final disposal if such prayer has been made in the
application. (3)
An
applicant may, subsequent to the filing of an application under section 19,
apply for an interim order or direction and such an application shall, as far
as possible, be in Form III. (1)
Every
application shall be accompanied by a paper-book containing,- (i)
an
attested true copy of the order against which the application has been filed; (ii)
copies
of the documents relied upon by the applicant and referred to in the
application; (iii)
an
index of the documents. (2)
The
documents referred to in sub-rule (1) may be attested-by a legal practitioner
or by a Gazetted Officer and each document shall be marked serially as Annexure
A-1, A-2, A-3 and so on. (3)
Where
an application is filed by an agent, documents authorising him to act as such
agent shall also be appended to the application : Provided that where an application is filed
by a legal practitioner, it shall be accompanied by a duly executed
'Vakalatnama'. An application shall be based upon a single
cause of action and may seek one or more reliefs provided they are
consequential to one another. (1)
Any
notice or process issued by the Tribunal may be served as directed or by any of
the following modes namely :- (i)
by
hand delivery through the applicant or through a process server; or (ii)
by
registered post with acknowledgment due; or (iii)
through
the head of the Department concerned, by any one of the above modes. (2)
Where
notice issued by the Tribunal is served by the applicant himself by 'hand
delivery', he shall file with the Registrar of the Tribunal, the
acknowledgement, together with an affidavit of service. (3)
Notwithstanding
anything contained in sub-rule (1), the Tribunal may, taking into account the
number of respondents and their place of residence or work and other
circumstances, direct that notice of the application shall be served upon the
respondents in any other manner, including any manner of substituted service,
as it appears to the Tribunal just and convenient. (4)
Notwithstanding
anything done under sub-rule (1) the Tribunal may in its discretion, having
regard to the nature and urgency of the case, direct the service of the notice
on the Standing Counsel appointed as such by the State Government or any
Department of the State Government. (5)
Every
notice issued by the Tribunal shall, unless otherwise ordered, be accompanied
by a copy of the application along with a copy of the paper-book. (6)
Every
applicant shall pay a fee for the service or execution of processes, in respect
of an application where the number of respondents exceeds five, as under - (i)
a
sum of rupees twenty five for each respondent in excess of five respondents; or (ii)
where
the service is in such manner as the Tribunal may direct under sub-rule (3), a
sum, not exceeding the actual charges incurred in effecting the service, as may
be determined by the Tribunal. (7)
The
fee for the service or execution of processes under sub-rule (6) shall be
remitted by the applicant in the manner specified in rule 6 within one week of
the date of the order determining the fee or within such extended time as the
Registrar may permit. (8)
Notwithstanding
anything contained in sub-rules (1), (2), (3) and (4), if the Tribunal is
satisfied that it is not reasonably practicable to serve notice of application
upon all respondents, it may for reasons to be recorded in writing, direct that
the application be heard notwithstanding that some of the respondents have not
been served with notice of the application: Provided that no application shall be heard
unless- (i)
notice
of the application has been served on the Government, if Government is a
respondent; (ii)
notice
of the application has been served on the authority which passed the order
against which the application has been filed ; and (iii)
the
Tribunal is satisfied that the interests of the respondent on whom notice of
the application has not been served is adequately and sufficiently represented
by the respondent on whom notice of the application has been served. (1)
Each
respondent intending to contest the application shall file in triplicate the
reply to the application and the documents relied upon in paper book form with
the Registrar within one month of the service of notice of the application on
him. (2)
In
the reply filed under sub-rule (1), the respondent shall specifically admit,
deny or explain the facts stated by the applicant in his application and may
also state such additional facts as may be found necessary for the just
decision of the case and such reply shall be signed and verified as a written
statement by the respondent or any other person duly authorised by him in
writing in the same manner as provided for in Order VI, Rule 15 of the Code of
Civil Procedure, 1908 (5 of 1908). (3)
The
documents referred to in sub-rule (1) shall also be filed as along with the
reply and the same shall be marked as R1, R2, R3 and so on. (4)
The
respondent shall also serve a copy of the reply along with documents as
mentioned in sub-rule (1) on the applicant or his legal practitioner, if any,
and file proof of such service with the Registrar. (5)
The
Tribunal may allow filing of the reply after the expiry of the prescribed
period. (6)
The
Tribunal may permit the parties to amend the pleadings in the same manner as
provided under order VI Rule 17 of the Code of Civil Procedure, 1908 (5 of
1908). The Tribunal shall notify to the parties the
date and the place of hearing of the application in such manner as the chairman
may by general or special order direct. The Tribunal shall ordinarily hold its
sittings at Thiruvananthapuram: Provided that, if at any time, the Chairman
of the Tribunal is satisfied that circumstances exist which render it necessary
to have sittings of the Tribunal at any place other than Thiruvananthapuram,
the Chairman may direct to hold the sittings at any such appropriate place. (1)
The
Tribunal shall draw up a calendar for the hearing of transferred applications
and as far as possible hear and decide the cases according to the calendar. (2)
Every
application shall be heard and decided, as far as possible, within six months
of the date of its presentation. (3)
For
the purposes of sub-rules (1) and (2), the Tribunal shall have the power to
declare an adjournment and to limit the time for oral arguments. (1)
Where
or the date fixed for hearing of the application or on any other date to which
such hearing may be adjourned, the applicant does not appear when the
application is called on for hearing, the Tribunal may, in its discretion,
either dismiss the application for default or hear and decide it on merit. (2)
Where
an application has been dismissed for default and the applicant files an
application within thirty days from the date of dismissal and satisfies the
Tribunal that there was sufficient cause for his non-appearance when the
application was called for hearing, the Tribunal shall make an order setting
aside the order dismissing the application and restore the same: Provided that where the case was disposed of
on merits the decision shall not be reopened except by way of review. (1)
Where
on the date fixed for hearing the application or on any other date to which
such hearing may be adjourned, the applicant appears and the respondent does
not appear when the application is called for hearing, the Tribunal may, in its
discretion, adjourn or hear and decide the application exparte. (2)
Where
an application has been heard exparte against a respondent or respondents, such
respondent or respondents, may apply to the Tribunal to set it aside the order
within thirty days there from and if such respondent or respondents satisfy the
Tribunal that the notice was not duly served, or that he or they were prevented
by any sufficient cause from appearing when the application was called for
hearing the Tribunal may make an order setting aside the exparte hearing as
against such respondent or respondents upon such terms as it thinks fit, and
shall appoint a day for proceeding with the application: Provided that where the exparte hearing of
the application is of such a nature that it cannot be set aside as against one
respondent only, it may be set aside as against all or any of the other
respondents also : Provided further that no Tribunal shall set
aside exparte hearing of an application merely on the ground that there has
been an irregularity in the service of notice, if it is satisfied that the
respondent had notice of the date of hearing and had sufficient time to appear
and answer the applicant's claim. The Tribunal may, on such terms including the
costs as it deems fit, and (sic) any stage of the proceedings adjourn the
hearing of the application. (1)
Every
order of the Tribunal shall be in writing and shall be signed and dated by the
Members constituting the Bench which pronounced the order. (2)
The
order shall be pronounced in the open court. Such orders of the Tribunal as are deemed fit
for publication in any authoritative report or the press may be released for
such publication on such terms and conditions as the Tribunal may specify by
general or special order. (1)
Every
order including interim order and the final order shall be communicated to the
applicant and to the respondent either in person or by registered post free of
cost. (2)
If
the applicant or the respondent to any proceeding requires a copy of any
document or proceeding, the same shall be supplied to him on such terms and
conditions and on payment of such fee as may be fixed by the Chairman by
general or special order. No application for review shall be
entertained unless it is filed within thirty days from the date of the order of
which the review is sought. (1)
In
the case of death of a party during the pendency of the proceeding before the
Tribunal, the legal representatives of the deceased party may apply within
thirty days of the date of such death for being brought on record as necessary
parties. (2)
Where
no application is received from the legal representatives within the period
specified in such-rule (1), the proceeding against the deceased party shall
abate: Provided that on good and sufficient reasons,
the Tribunal, on an application, may set aside the order of abatement and
substitute the legal representatives. No fee shall be charged for inspecting the
records of a pending application by a party thereto. The Tribunal may make such orders or give
such directions as may be necessary or expedient to give effect or in relation
to its orders or to prevent abuse of its process or to secure the ends of
justice. (1)
A
legal practitioner desirous of registering his clerk shall make an application to
the Registrar in Form IV and on such application being allowed by the
Registrar, the name of his clerk shall be entered in the register of clerks. (2)
No
clerk employed by a legal practitioner shall act as such in the Tribunal or be
permitted to have access to the records and obtain copies of the orders of the
Bench of the Tibunal in which the legal practitioner ordinarily practices
unless he is registered clerk having his name entered in the registers of
clerks maintained by the Tribunal. (3)
A
legal practitioner shall have at a time not more then two registered clerks
unless the Registrar by general or special order otherwise permits. (4)
A
register of all the registered clerks shall be maintained in the office of the
Registrar and after registration of the clerk, the Registrar shall direct the
issue of an identify card to him, which shall be non-transferable and shall be
produced by the holder upon request by an officer or any other employee of the
Tribunal authorised in this behalf. (5)
The
identify card mentioned in sub-rule (4) shall be issued under the signature of
the Deputy Registrar of the Tribunal. (6)
Whenever
a legal practitioner ceases to employ a registered clerk, he shall notify the
fact at once to the Registrar by means of a letter enclosing therewith the identity
card issued to his clerk and on receipt of such letter the name of the said
registered clerk shall be struck off from the register. Except on Sundays and other public holidays,
the office of the Tribunal shall, subject to any order made by the Chairman
remain open from 10.15 a.m. to 5.15 p.m. but no work, unless it is of an urgent
nature, shall be admitted after 3.30 p.m. on any working day. The sitting hours of the Tribunal (including
a vacation Bench) shall ordinarily be from 11 a.m. to 1.00 p.m. and 2.00 p.m.
to 4.00 p.m., subject to any order made by the Chairman. (1)
The
Registrar shall have the custody of the records of the Tribunal and shall
exercise such other functions as may be assigned to him under these rules or by
the Chairman. (2)
The
Registrar may, with the approval of the Chairman, authorise the Deputy
Registrar or any other person to carry out any of his functions. (3)
In
the absence of the Registrar, the Deputy Registrar or the person so authorised
under sub-rule (2) may perform or exercise all or any of the functions and
powers of the Registrar. (4)
The
Registrar shall keep in his custody the official seal of the Tribunal. (5)
The
Registrar shall, subject to any general or special direction by the Chairman,
affix the official seal of the Tribunal on any order, notice or other process. (6)
The
Registrar shall have the power to authorise in writing the affixing of the seal
of the Tribunal on a certified copy of any order of the Tribunal. In addition to the powers conferred elsewhere
in these rules, the Registrar shall have the following powers and duties
subject to any general or special order of the Chairman, namely :- (i)
to
receive all applications and other documents including transferred applications
; (ii)
to
decide all questions arising out of the scrutiny of the applications before
they are registered; (iii)
to
require any application presented to the Tribunal to be amended in accordance
with the Act and the rules ; (iv)
subject
to the directions of the Tribunal to fix dates of hearing of the applications
or other proceedings and issue notices thereof; (v)
to
direct any formal amendment of records; (vi)
to
order grant of copies of documents to parties to the proceedings ; (vii)
to
grant leave to inspect the records of the Tribunal; (viii)
to
dispose of all matters relating to the service of notices or other processes,
applications for the issue of fresh notices or for extending the time there
for; (ix)
to
requisition records from the custody of any court or other authority; (x)
to
receive applications for the substitution of legal representatives of the
deceased parties, during the pendency of the application ; (xi)
to
receive and dispose of applications for substitution, except where the
substitution would involve setting aside an order or abatement; and (xii)
to
receive and dispose of applications by parties for return of documents. The official seal and emblem of the Tribunal
shall be such as the State Government may specify. The dress for the Members of the Tribunal
(including Chairman) and Members of the staff of the Tribunal shall be such as
the Chairman may specify. A legal practitioner or, as the case may be,
a presenting Officer shall appear before the Tribunal in his professional dress
If any, and if there is no such dress (i)
if
a male, In a closed collared coat or in an open collared coat with transparent shirt,
trousers and a tie or in a lounge suit; (ii)
It
a female, in a saree or in any other dress in where or any other light colour.KERALA ADMINISTRATIVE TRIBUNAL (PROCEDURE)
RULES, 2010
PREAMBLE