004/99 _REGD.NO. D. L-33004/99 Che Gazette of India EXTRAORDINARY T [ —730E 4
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4.@WWWWMWMW%W$W§W@@W ® 3R ot T & A R wawEh @ A Sl | [amii—avg 4] S 1 U9 2 SEE0 e (AR ) T T € 4 7 AR 30 s 3 e # ww € aw A Rl 99 0w ¥ e 98 g o e nesial(AT) @ it @ frfiw & w1 4 s 7 W Ao & | sy § amew @ A g SR B SR g w9 W T & @ W IRed U $ e w1 56 99 9 UNes SR Ha B Wyl R e & ewnaw MINISTRY OF DEFENCE NOTIFICATION New Delhi, the 17th September, 2008 S.R.0. 26(E).—In excrcise of the powers conferred b} ‘i:lauscs (P, (g) and (k) of sub-scction {2) of Section 41 of the Armed Forces Tribunal Act, 2007 (55 0f2007), the Central Government hereby makes the following rules, namely :— L Short title and commencement.—(1) These Rules may be called the Armed Forces Tribunal (Procedure) Rules, 2008.
{2) They shall come into force from the date of publication in the Official Gazette.
2. Definitions.—(1) In these ruels, unless the context otherwise requires,— (» “Act” means the Armed Forces Tribunal Act, 2007 (5502007);
(i) *“agent™ means a person duly authorised by a party to present an application, written reply, rejoinder or any other document on its behalf before the Tribunal:
(iii) “applicant” means ‘a persan making an ap'plicatién tothe Tribunal under sub-section (2) of Section 14 or an appeal under sub-section (2) of Section 15 of the Act;
(iv) “application” includes Original Application (0,A.), Review Application (R.A.), Transferred Application (T.A). Misceilaneous Application (M.A.), Application for Transfer (A.T.) and Contempt Application (C.A.), filed before the Tribunal;
(v) “Code” means the Code of Civil Procedure, 1908 (S of 1908);
(vi) “Courtappealed from” includes a tribunal or any other judicial body or court martial or authority against the decision of which an appeal is preferred 1o this Tribunal;
(vii) “Form" means the form set out i the appendices (o these rules;
(Vi) “Judgment" includes decree, order, sentence or determination of any Court, Tribunal, Judge, Judiciil Officer or authority;
[ 11—vE 4] ‘“‘“3‘”“”““‘“ (Ffiam:fl)mfimmmgf&mfiflgfifi&mfl mflmfimfimfiw#fiflflfim#mafiia\m @ aff @ fafe & w1 4 ordoa e Y w1 & | i § amiee @ 2 IR TER & wE ! 1 AR ER G W R & @ W IReT U @ el o7 a9 20U 3 URed R e o - [ fafr mawh & wmr < + [ TR ‘ | yar ¥ [ W 1 .................. Lic | g MINISTRY OF! DEFENCE NOTIFICATION | New Delhi, the 17th Seplembcr. 2008
5.R.0. 26(E).—In exercise of the powers conferred by‘clauses (f), (2) and (k) of sub-section (2) of Section 41 of 1he Armed Forces Tribunal Act, 2007 (55 0f2007), the Central Governmml hereby makes the following rules, namely :—
1. Short title and commencement.—(1) These Rules mFy be called the Armed Forces Tribunal (Procedure) Rules, 2008,
(2) They shall come into force from the date of pnblic';akion in the Official Gazette.
|
2. Definitions.—(1) In these ruels, unless the context otherwise requires,— % <] | (s “Act” means the Armed Forces Tribunal Act, 20Il7 (550f2007);
(i) “agent" means a person duly authorised by a Party to present an_application, written reply, rejoinder or any other document on its behalf before the Tribunal;
(i) “applicant™ means a person making an application to the Tribunal under sub-section (2)of Sccuon 14 0r an appeal under sub-section (2) of Section 15 of the Act;
(iv) “application” includes Original Application (0.A:), Review Application (R.A.), Transferred Application (T.A.), Miscellancous Application (M.A.), Application for Transfer (A.T.) and Contempt Application (C.A.), filed before the Tribunal; |
(v) “Code" means the Code of Civil Procedure, 1908/(5 of 1908);
(vi) “Courtappealed from" includesa tribunal orany other judicial body or court martial or authority against the decision of which an appeal is preferred to this Tribunal;
(vii) “Form" means the form set out in the appendices to these rules;
(viii) “Judgment” includes decree, order, sentence ot determination of any Court, Tribunal, Judge, Judicial Officer or authority; ‘ THE GAZETTEOF INDIA : EXTRAORDINARY _ Parr - Secd |
(ix) “legal practitioner” shall have the same meaning as assigned to 7lt in the Advocates Act, 1961 (25 of 1961) and includes 2 Standing Counsel authorised or appolnted by ‘the |Central Government to accept the service for.any Department or Oraanization of Union of India;
(x) “Legal representative”:means-a person who in law represents the estate of :a serving or deceased person and includes a person or personsin whom the right to receive pensionary, retirement, terminal,-disability or other benefits or family pension vests;
(xi) “Officer of the Judge-Advocate:General’s Department” means an officer commissioned into ‘the Judge-Adyocate (General's Department of the Army or an officer permanently transferred to that Department after qualifying ‘at the Judge-Advocate |General's Departmental examination and includes-an officer of Judge-Advocate General's Department of Navy and Air Force; =
(xi) “Pleadings” -shall -include :original ‘applications, reply -statement, rejoinders and additional appllcatl&ns or statements supplementing the original applications and the reply%statements, as may be permitted by the Tribunal;
(xiii) “Registrar” means ‘Registrar of the Armed Forces Tribunal or its Benches and ‘shall include Registrar-General, ' Principal, ‘Additional, Joint and Deputy -Registrars, ‘authorised to ‘discharge the functions of the Registrar;
(xiv) “Registry” means the Registry of the Tribunal or any of its Benches, as the case may be; | :
():v) "Section” means a section of the Act;
(xvi) “Services” means the Army, Navy-andAir Force, as applicable;
(xvil) “Standing Counsel" means an:advocate authorised: to.act, represent and A | accept the service for the ‘Army, Navy or-Air Force or for the Union of India;
(xvlll)'“Tmnsfémd application” means the suit or other proceeding which has been transferred to the Tribunal under sub-section (1) or sub-section (2) of section 34;
(xix) “Vice-Chairperson” means a Vice-Chairperson of a Tribunal.
(2) The words and expressions used and not defined in these rules but defined in the Act, the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950) shall have the same meaning respectively assigned to them in those Acts and respective rules made there under, [P i—aE4] N ] TGS+ STER > 5
3. Language of the Tribunal. - 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 Hindi:
Provided further that - (a) the Bench may, in its discretion permit the use of Hindi in the proceedings; ‘
(b) the Bench hearing the matter may, in its discretion, direct English translation of pteadings and documen}s to be filed.
(2) No document in a language other than English intended to be used in any proceeding shall be received by the Registrar unless it is accompanied by a translation in English certified to be a true translation.
(3) The Bench may, in its discretion, make final orders either in Hindi or in English: [
Provided that where a final order is made in Hindi, an authenticated English translation thereof shall simultaneously be prepared and kept on record.
4. Procedure for filing applic;ations. - (1) 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 practlt“loner to the Registrar or any other officer authorised in writing by the Chairp:erson or Vice-Chairperson to receive the same or be sent by registered post‘or by courier with acknowledgment due addressed to the Registrar of the Bench concerned. '
(2) (i) The application under sub-rule (1) shall be preéented in triplicate in the followirig two compilations: — ‘
(a) Compilation No 1. - application along with an éttested true copy of the impugned order against which the application is filed ;
(b) Compilation No 2. - ail other documents and annexures relied upon by the applicant and referred to in the application in a paper book form.
(ii) All the documents filed in the[Tribunal shall be accompanied by an index in duplicate containing their details memo of the parties and a list of relevant dates. The amount of application fee affixed or paid on any such documents shall also be indicated in the index.
3) Where the number of respondents is more than one, as many extra copi:s of the application and all other documents and annexures referred thereto in paper-book form as are the number of respondents together with 3513G1/08—4 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART 11—Skc. 4] unused file size envelope bearing the full address of each respondent shall be furnished by the applicant: |
Provided that where the number of réspondents is more than five, the Registrar may permit the applicant to file extra copies of the application at the time of issue of notice to the respondents.
(4) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the Officer receiving the application on behalf of the Registrar in écknowledgement of the receipt of the application.
(5) Notwithstanding anything contained in sub-rules (1) to (3), the Tribunal may permit more than one person, other than the person serving in the regular Army, Navy or Air Force to join together and fle a single application if it is satisfied, having regard to the cause of action and the nature of relief prayed .
for, that they have a common interest in the matter:
Provided that all affected persons are impleaded as parties and they join together to file such an application, When they are likely to be affected by the I decision in the case,
5. Presentation and scrutiny of appllq‘atinns‘
(1) The Reagistrar or the officer authorised under rule 4 shall endorse the date of receipt on the application and also on thje duplicate copy of the index and return the same to Ehe party énd in case of an application received by post, he shall endorse the date of its receipt and isend the duplicate index to the applicant concerned. ‘
(2) 1f, on scrutiny, the application is found to be in order, it shall be duly registerad and given a serial number,
(3) If the application is found to be de:fectlve and the defect noticed is formal in nature, the Registrar may allow the applicant to rectify the same in his presence, and if the said defect is not farmal in nature, the Registrar may for sufficient cause return the said applicatiori for rectification or amendment to the party filing the same, and for this purpoée may allow the party concerned such reasonable time as he may consider necessary. Where an application is received by registered post, the applicant slhall be infermed of the defects, if [wmli—avs4] S T IR 2 SRR any, and he shall be required to rectify the same within such time as may be stipulated by the Registrar.
(4) (i) If the applicant fails to rectufy 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 appllcatmn and place the matter before the Bench for appropriate orders. Such matter may be dealt with and disposed by the Bench in chamber. ,
(i) Any applicant aggrieved by any order made by the Registrar under this rule may, within fifteen days of the making of such order, appeal against it to the Chairperson in case the matter relates to Princrpal Bench and to the Vice- Chairperson concerned, in the case of any other Bench and such appeal may be dealt with and disposed of in chamb‘er by the Chairperson or the Vice- Chairperson concerned or in their absence by any Member authorised by the Chairperson by special or general order, whose decision thereon shall be final.
6. Place of filing application. -
(1) An application shall ordinarily be filed by the applicant with the Registrar of the Bench within whose jurisdiction — ‘ :
(i) the applicant is posted for the time being, or was last posted or attached ; or
(ii) where the cause of action, whoally or in part, has arisen:
Provided that with the leave of the Cha‘irperson the application may be filed with the Registrar of the Principal Bench and subject fo the orders under Section 14 or section 15 of the Act, ‘such application shall be heard and disposed of by the Bench which has jun‘?bdictiun_over the matter.
(2) Notwithstanding anything contained in sub-rule (1), a person who has ceased to be in service by reason of hls retirement, dismissal, discharge, cashiering, release, removal, reslgnatlon Dr termination of service may, at his option, file an application with the Reglstrar of the Bench within whose jurisdiction such person is ordinarily resrdmg at the time of filing of the application.
7 Application fee. - Every appllcahon filed with the Registrar shall be accompanied by a fee of rupees two hunured and fifty to be remitted either in the form of crossed demand draft on & nationalized bank in favour of the Registrar of the concerned Bench and pa!’able at the main Branch of that bank at the station where the seat of the said Eench is situated, or remitted through THE GAZETTE OF INDIA : EXTRAORDINARY |Part 1l—Sec. 4] ~a crossed Indian Postal Order drawn in favour of the Registrar of the concerned Bench and payable at the post office of the station where the said Bench is situate:
Provided that where the Tribunal permits a single application to be filed on behalf of more than one person, the fee payable shall be rupees five hundred: [ :
Provided further that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of It;d!gence, it may exempt such an applicant from the payment of application fee.
8. Contents of application. - (1) Every application filed under section 14 or section 15 shall be fairly and legibly typed or printed in double spacing on one side of thick paper of good quality with an inner margin of about three cm width on top and on the left side.
(2) Paragraphs shall be divided into sub-paragraphs and numbered consecutively. Each paragraph shall contain, as nearly as may be a, separate accounts of events.
(3) Dates of Gregorian Calendar shall a!so be given where Saka or other dates are used.
(4) At the foot of every -application there shall appear the mame and signature of the applicant or-the agent or legal practitioner, if any, who has drawn and settled it, |
(5) The particulars to be stated in address for service shall as far as possible contain the following: - (i the name.of the road, street, lane or municipal or other number of the house;
(i) thename of the town or village;
(i) the post office or postal district together with pin code; and
(iv) any other particulars including personal number, rank, appointment held, unit or office or pension payment order (PPO) number necessary to identify fl1e addressee.
(6) Every interlineations, erasure or cofrection in any application shall be initialled by the applicant or his agent/legal practitioner presenting it.
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(7) 1t shall not be necessary to present a separate application to seek an Interim order or-direction if the same is prayed for in original application.
(8) Anapplicant may, subsequent to the filing of an application made under the Act, may apply for an interim order or direction. Such an application shall, as far as possible, be'in separate-form, 9) Where the applicant seeks condonation of delay, he shall file a separate application supported by an affidavit.
9. Documents to be annexed to the application.- (1) The following documents:shall be annexed to the application: -
(i) an attested true copy of the order against which the application is filed;
(i) copies. of the documents relied upon by the applicant and referred to in the application; and
(iit) -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 Annexures A-1, A-2, A-3 and so on.
3) Where an-application is filed by.an agent, documents authorizing him to act as:such 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®.
10. Plural remedies. - An application shall-be based upon a single cause of action and may seek one: or more relief, provided that they are consequential to one another.
11. Service of notices and processes issued by the Tribunal. - (1) Notices to be issued by the Tribunal may be served to the party by any of the following modes ~ | [0] service by the party itself ;
(ii) by hand delivery (dasti) through a process server;
(iii) by registered post or a courier agency 'with acknowledgment due') or
(lv) through the concerned Head of office of the same Department:
THE GAZETTE OF INDIA : EXTRAORDINARY
Provided that if the Tribunal does not specify the mode of service, notice may be sent by registered post “with acknowledgment due” and the provision of Order V of First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply to such mode of service.
(2) Where notice issued by the Tribunal |s served by the party himself by ‘hand delivery’ (dasti), he shall file with the Registry of the Tribunal, the acknowledgment, 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 places 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 proper, The Tribunal may also, in its discretion, having regard to the nature of the tase, direct the service of the notice on the Standing Counseli autho.rised to accept the service, for all the three services Headquarters, Army, Navy and Air Force and the Ministry of Defence.
(4) Every notice issued by the: Tribunal shall unless otherwise ordered, be accompanied by a copy of the application and a copy. of the impugned order.
(5) Every applicant shall pay the following fee for the service or execution of processes, in respect of an. application where the number of respondents exceeds five: -
(i) a sum of rupees fifty for each respondent in excess of five respondents;
or
(i) where the service is in such a manner!as the Tribunal may direct under sub-rule (3), such sum, not exceeding the actual charges incurred in effecting the service, as may be determined by the Tribunal.
(6) The fee for the service or execution of -processes under stb-rule (3), shall be remitted in the manner prescribed in rule 4 within one week of the date of the order determining the fee or within such extended time as the Registrar may permit.
(7) Notwithstanding anything contained (n sub-rules (1) to (3), if the Tribunal is satisfied that it is not reasonabl?y practicable to serve notice of application upon all the respondents, it may;, for reasons to be recorded in [¥m I—@vz4] ST = TEIYA | ST writing, direct that the application shall 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 Central Government or the State Government if such Governmenit 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
(i) the Tribunal is satisfied that the interests of the respondents on whom notice of the application has ‘not f)een served are adequately and sufficiently represented by the other respondents on whom notice of the application has been served.
(8) The office of the Department or Ministry receiving notices or documents from the Tribunal shall mention name and designation along with office stamp, date and time of receipt on the acknowledgement slip before the same are returned to the Tribunal,
12. Filing of reply and other documents by the respondents. - (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 Registry, 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. It 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 (2) shall also be filed 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 (2) on the applicant or his legal practitioner, if any, and file proof of such service in the Registry. In the case of more than one applicant, a copy of the reply shall be sent to each one of them.
THE GAZETTE OF INDIA : EXTRAORDINARY [Part 11—Skc. 4]
(5) The Tribunal may allow filing of the reply after the.expiry of the prescribed period with the leave of the Tribunal, or where appropriate order imposition of costs or pass any other order.
®) The Tribunal may permit the parties to-amend.the pleadings in the same manner as provided under -Order-6, Rule 17-of the Code of Civil Procedure, 1908 (5 of 1908).
7) An officer acquainted with the facts of the case but not below the rank of Commissioned Officer or a Group ‘A’ Officer or a Desk Officer in any Ministry or Department ‘of the Union of ‘India ‘may verify the pleadings and other documents to be filed ‘for and on' behalf of the Union of India before the Tribunal.. -
43. Filing of written-statements before the Benches expeditiously. - Afterthe receipt of the notice from the Tribunal the respondents will file their statements/reply on the date fixed for hearing to enable the Tribunal to dispose of the application filed before It as expeditiously as possible. If for any-‘reasons, the -service ‘Headquarter or ‘the ‘Department/Ministry is unable to“file their statements on the date fixed, they will produce through a responsible official, the required records/documents before the Tribunal to enable it to proceed with ‘the case further on the basis of the recards/documents and written statements may be filed subsequently.
14, ‘Date andplace of-hearing'to be notified. - The Tribunal shall notify to ‘the parties the date -and the: place (of -hearing of the -applicationsin such ~manner as the Chairperson may. by general or special order direct.
45. Calendarofcases. - Each “‘Bench shall-draw up @ calendar for the hearing of transferred cases and, as far as possible, hear and decide the cases according to the calendar.
16. Action onapplication for applicant’s default. - (1) Where on 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 for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide It on merits.
(2) Where 2n application has been dismissed for default and the applicant files an application within thirty ‘days from the date of dismissal and satisfies L‘fl"l —avg4) M =R . SAEEE . | the Tribunal that there was sufflclen‘t cause for his non-appearance when the application was cailed for hearing, the Tribunal shall make an order setting » —_— | aside the order dismissing the application and restore the same:
Provided that, where the case! has been disposed of on merits the same shall not be reopened except by way *)f review.
17. Ex parte hearing and disposal of application. - (1) Where on the date fixed for hearing the appli&udon or on any other date to which such hearing may be adjourned, the appli&nt appears and the respondent does not appear when the application Is calllefi for hearing, the Tribunal may, in its discretion adjourn the hearing or heall‘ and decide the application ex parte.
(2) Where an application has beein heard ex parte against & respondent or respondents, such respondent or r?spondents may apply within thirty days from the date of the order to the Trll‘:unal for an order to set aside 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 1called for hearing, the Tribunal shall make an order setting aside the ex parte rilearing as against him or them upon such terms as it thinks fit, and shall ‘appnint a day for proceeding with the application: &
Provided that where the ex parte hearing of the application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the athér respondents also:
Provided further that in case!s covered by sub-rule (6) of rulell, the Tribunal shall not set aside ex parte hearing of an application merely on the ground that such notice was not served upon a respondent or respondents.
18. Application forreview. - (1) No application for review shall be entertained unless it Is filed within thirty days from the date of receipt of copy of the order sought to be reviewed.
(2) An application for review 5h7]| ordinarily be heard by the same Bench which has passed the order, unless the Chairperson may, for reasons to be | recorded in writing, direct it to be heard by any other Bench.
{3) Unless otherwise ordered by the Bench concerned, an application for review shall be disposed of by circulation where the Bench may elther dismiss the application or direct notice to be jssued to the opposite party.
2513 GI|o8- 5 THE GAZETTE OF INDIA - EXTRAORDINARY
(4) Where an application for review 01 any judgment or order has been disposed of, thereafter no application for further review shall lie.
(5) No application for.review shall be entertained unless it is supported by a duly sworn affidavit indicating therein the source of knowledge, personal or otherwise. The counter-affidavit in review ‘applicatlon will also be a duly sworn affidavit wherever any averment of fact is disputed.
19, Substitution of legal representatives. - (1) !n‘the case of death of a party during the pendency of the proce: ‘ ings before the Tribunal, the legal heir or representatives of the deceased party may apply within ninety days of the date of such death for being brought on lrecord as a necessary party.
(2) Where no application is received from the legal heir or representatives within the period specified in sub-rule (1), the proceedings against the deceased party shall abate:
Provided that for good and sufficient reasons the Tribunal, may on an application, set aside the order of abatem‘ent and substitute the legal heir or representatives.
20. Adjournment of hearing. - (1) The Tribunal may if sufficient cause is shown at any stage of proceedings grant time to the parties or any of them, and adjourn the hearing of the application.| The Tribunal may make such order as it deems fit with respect to the costs occasioned by the adjournment. All adjournments shall be to a day certain an‘d no application or matter shall be adjourned sine die except for reasons recurTed in writing.
(2) The Tribunal shall have the power to decline an adjournment and also to limit the time for oral arguments:
Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced.
21. Order to be signed and dated. - Every order of the Tribunal shall be in writing and shall be signed by the Member or Members constituting the Bench, which pronounced the order, The!nrders shall be pronounced in apen Court.
[mil—avz4] NI 1 T . STHER ] 22. Publication of orders, - ‘Such of the orders of the Tribunal, as are deemed fit for publication in any authoritative report or Military Law Journal or the press, may be released for such publication on such terms and conditions as the Chairperson may specify by gen‘eral or special order.
e
23. Communication of orders td the parties. - (1) Every interim order, granting .or refusing or modifying interim relief and final order shall be communicated tc; the applicant and to the concerned respondent or to their legal practitioner either by hand delivery or by post free of cost :
Provided that unless ordered otherwise by a Bench, a copy of the final order need not be sent to any respondent who has not entered appearance:
Provided further that when the applicants or the respondents are represented by a legal pracfifioner, under-a single Vaka.latnama, only one copy shall be supplied to such legal practitiu‘per as named therein.
{
(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 Chairperson by general or special order. |
24. Inspection of the Records. - (1) Inspection of records of a pending or decided case before the Tribunal shall be allowed only under the orders of the Registrar,
(2) The parties to any case or thir legal practitioner may be allowed to inspect the record of the case on making an application in writing to the Registrar,
(3) Subject to such terms and conditions as may be prescribed by the Chairperson by a general or special ofder, a persor who is not a party to the proceedings, may also be allowed tg inspect the record after obtaining the permission of the Registrar in writing.
|
25. Powers of the Tribunal with regard to certain orders and directions, - Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the Trlfiuuna\ to make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.
3513GI08—6 THE GAZETTEOF INDIA': EXTRAORDINARY [PaxT 11—S¢c. 4]
26. Commission for local inqulrfi and accounts. - (1) Whenever it becomes necessary in the course of proceedings before the Tribunal to appoint @ commission to make a local inquiry or to examine documents or accounts, the Chairperson or the Vice-Chairperson may issue orders for such appointments, specifying therein - [
(i) the precise matter of the inquiry; and
(i) the reason asking why the evidénce bearing on that matter could not ‘ reasonably have been taken in tfie usual ‘way in the proceedings in the Tribunal:
) Commissioners to examine accounts mady be selected from persons competent in the particular form of accounts.
3) The Tribunal shall exercise gréat care in selecting persons for appointment as commissioners for the purpose of making inqulrie.s. The habitual employment of the same person should be avoided.
|
(4) The Tribunal shall for the said purpose, maintain a list of legal practitioner’s whom the Chairperson or V@ce-Chaimerson may select, from time to time, as fit to be employed in such cases. i ¥ \
(5) The legal practitioner so appointed shall receive a fee of Rs. 800/~ for the first effective hearing and Rs. 500/- fur every subsequent effective hearing in the same or similar matters or for non-effective hearing. In criminal cases including murder appeals, the fee shall be Rs. 2000/- for preparation of the case, Rs. 1200/- per effective hearing and|Rs. 500/- per non-effective hearing.
(6) The certificate for the hearing shall be signed by the Registrar and the payment shall be made by the Government on production of the said certificate.
27. Registration of legal practitioner’s clerk. - (1) 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 copiesf of the orders of the Bench of the Tribunal in which the legal practitioner ordinarily practice unless his name is entered in the Register of Clerks mainta ned by the said Bench. Such clerk shall be known as a “Registered Clerk”.
(2) No person shall be employed by al legal practitioner as his clerk unless such person has been & legal practitioner's clerk for three year, or is a qualified [ li—avz 4] A 1 TS ;. SEmmy petition-writer or has Passed the Graduation Examination of a recognized University:
Provided that no such persor shall by employed as a Clerk: (i) If he has been declared a tout ;or
(i) if he is an undischarged insolvent yor
(i)} if he has been convicted for an offence involving moral turpitude; or (iv) if he has been dismissed from the service of Government, unless he can show that his dismissal was not due to conduct showing him unfit to be legal practitioner’s clerks, or
(v) if he is an ex-petition-writer, whose licence has been cancelled for corruption or for some other reasons involving dishonesty, or
(vi) - if he is unfit to be a legal practitioner's clerk for any other sufficient reason, !
EXPLANATION.- "Tout” means a person who procures or attempts to procure for any consideration from any legal Practitioner or from any person acting on his behalf, the employment of such legal practitioner in legal business, or who, for purposes of such Pprocurement, frequents the precincts of the Tribunal.
(3) A .legal practitioner desirous| of registering his clerk shall. make an application to the Registrar in Form III and pay a sum of one hundred rupees as one time Tribunal Fee. On such application being allowed by the Registrar, his name shall be entered in the Register of Clerks,
(4) The Registrar may, -for reasons to be recorded in writing, declined to register any clerk, who in his opinion suffers from any disqualification specified In rule 27 or is otherwise unsuitable to be registered at such.
(5) The Registrar may, for Féasons to be recorded in writing, cancel the registration of any clerk after giving him and his employer an opportunity to show cause against such cancellation.
" (6) An appeal may be filed against the order of the Registrar made under sub-rule (4) and (5) within 30 days from the date of the order to the Chairperson or Vice-Chairperson, 7) After registration of the clerk, the Registrar shall direct the Issue of an identity card to him which shall be non-transferable and shall be produced by the holder upon request by an officer or other employees of the Tribunal 1w y ( & ’ % THE GAZETTE OF INDIA : EXTRAORDINARY [Pant H—Siic, 4] authorised In this behalf. The Identity card shall be issued under the signature of the Deputy Registrar of the Bench concerned.
(8) A register of all the clerks registered under sub-rule (2) shall be maintained in the office of the Registrar of each Bench.
(9) A legal practitioner shall have at a time not more than two registered clerks unless the Registrar by general or special order otherwise permits.
(10) 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 by the Registry, and on receipt of such letter the name of the said registered clerk shall be struck off from the register.
(11) * 'No legal practitioner shall employ as his clerk any person who is prohibited in the sub rule (b) above.
28. Working hours of the Tribunal. - The offices of the Tribunal except on Saturday, Sundays and other public holidays, shall remain open daily from 9.30 AM. to 5.30 P.M. subject to any general or special order made by the Chairperson. Any urgent matter filed before 12 noon shall be put before the Bench for hearing on the following working day. In exceptional cases, it may be received thereafter for hearing on the same day with the leave of the Chairperson or Vice-Chalrperson, as the case may be.
29. Sitting hours of the Tribunal. - Unless otherwise ordered by the Chairperson by any general or special order or by the Vice Chairperson concerned with the prior approval of the Chairperson, the Tribunal, including Vacation Bench shall hold its sitting on all working days from 10.00 A.M. to
1.00 P.M, and from 2.00 P.M. to 4.30 P.M.
30. Functions of the Registrar. - (1) The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or by the Chairperson or the Vice- Chairperson of the Bench concerned by separate order.
(2) The Registrar may, with the approval of the Chairperson or of the Vice- Chairperson of the Bench concerned delegate to the Additicnal Registrar any [ 1 —avE 4] M ] US| SR function or power required by these ruies to be performed or exercised by the Registrar, | | |
(3) In the absence of the Registrar, the Additional Registrar or any other officer to whom the powers and functlo‘hs of the Registrar are delegated by the Chairperson or Vice-Chairperson, ‘may exercise the powers and functions of the Registrar.
(4) The Registrar may if the circu ;stances so require, or if so directed by the Bench, at any time adjourn any| matter and lay the same before the concerned Bench. |
31. Powers and duties of Registrar. - The Registrar shall have the following powers and duties subject io any general or special order of the Chairperson or the Vice-Chairperson of fi‘he Bench concerned, namely: - (0] to receive all applications and‘other documents including transferred applications; |
(i) to decide all questions arising ‘out of the scrutiny of the applications before they are registered ; ‘
(i) to require any application presented to the Tribunal to be amended in accordance with the Act and the ;rules;
(iv) - subject to the direction of the rdspectlve Benches, to fix the date of first | . ’ hearing of the applications or other proceedings and issue notices thereof ; |
(v) todirect any formal —amendmentiof records ;
(vi) toorder grant of copies of docurfilents to parties to the proceedings;
(vii) to grant leave to inspect the rec?rds of the Tribunal ;
(viii) to dispose of all matters relat‘ing tg the service of notices or other processes, applications for the !ssue of fresh notices and for extending the time for filing such appllcatl‘ ns and to grant time, not exceeding 30 days, for filing a reply or rejulnnj;
the Bench for appropriate orders after the expiry of the aforesaid period;
(ix) to requisition records from |the custody of any Court, Service Headguarter, office, Department or other authority;
(x) to receive application within ninety days from the date of death for substitution of legal representalives of the deceased parties during the pendency of the application; ‘
(xi) to receive and dispose of applic;ation for substitution, except where the substitution would involve set:in‘g aside an order of abatement;
(xli) to receive and dispose of appltc&tlon by parties for return of documents, r if any, and to place the matter before H | THE GAZETTE OF INDIA : EXTRAORDINARY [Pagt II—Sec. 4]
(xiii) registration of the legal practltloner's‘ clerk.
(xiv) in case of the Principal Bench, to call for information and records and to inspect or cause to be inspected theikeglsny of the other Benches under general or special orders as may be Fssued by the Chalrperson from time to time.
32, sSeal and embiem, -
(1) The official seal and emblem .of éhe Tribunal shall be such as the Chairperson may from time to tinle direct and shall be kept in the custody of the Registrar, ‘
(2) Subject to any general or special dn‘-ection by the Chairperson, the seal of ‘the Tribunal shall not be affixed to any order, summons or other process save under the authority !ln writing of the Registrar or the Additional Registrar. [ |
(3) The seal of the Tribunal shall not be; affixed to any certified copy issued by the Tribunal save under the autrorlty in writing of the Registrar or the Additional Registrar.
33. Dress of the Members and staff + the Tribunal. - The dress for the Members of the Tribunal including Chairperson and' Vice-Chairperson and the staff shall be such as the Chairperson r‘n‘ y specify.
34. Dress of the parties, - A'Iegal%practltioner or as the case may be, the Presenting Officer shall appear before flTe Tribunal in his professional dress, if any, and it there is no-such dress - = ) if @ male, in shirt and trousers with o»' without tie or in a lounge suit;
(i) if a female, in a saree or any other customary dress of a sober colour.
| | ‘ [F.No. 1(1)2007-D (AFT Cell ) | AJAY TIRKLEY, Ji. Scey [ 1—mvE4) HIT il TS 3 SR 41 Appendix ‘A’ FORM I ¢ [seelrule 4] APPLICATION UNDER SECTION {14 and 150F THE ARMED FORCES TRIBUNAL ACT, 2007 Title of the Case:
INDEX H Description of documents relied upon Page No. No.
1. Application along with true ccpy‘of the impugned order 2L All other documents and annexures
3.
4.
Signature of the applicant For use in Tribunal’s Office Date of filing or Date of receipt by Post Registration No.
_— Signature For Registrar THE GAZETTE OF INDIA : EXTRAORDINARY . [ParT II—S¢C. 4] IN THE ARMED FORCES TRIBUNAL BENCH A.B. (add description such as personal Number, Rank, Name, Unit or Formation, present address and pljace of posting or last posting.)
APPLICANT Versus C.D. .(add description and the résidential or official address on which the service of notices is to Pe effected on the respondent or respondents. The details of eacth respondent are to be given in a chronological order.)
RESPONDENT DETAILS OF APPLICATION - 5 Particulars of the impugned order against which the application is made: I (Particulars of the order giving the details like the number, date and the authority which has passed the order, against which the application is made.) :
-2, Jurisdiction of the Tribunal.
The applicant will indicate that the subject matter of the impugned order agazinst which he wants redressal is within the jurisdiction of the Tribunal.
3. Limitation:
The applicant further declares that the application is within the limitation '*-vperiod prescribed in section 22 of|the Armed Forces Tribunals Act, 2007.
4. Facts of the Case:
(Give here a concise statement pf facts in & chronological order, each paragraph containing as nearly as possible a separate issue of fact.)
[amI1—avz4] mmz‘mqa:smnm
5. Grounds for relief with legal provisions:
6. Details of the remedies exhausted:
The applicant declares that he has availed of zll the remedies available | to him under the relevant service Act/Rules/Regulations.
(Give here chronologically the details of representations/ complaints made and the outcome of such representations/ complaints with reference to the number of Annexure to be given in support thereof.)
7. Matter not previously‘ filed or pending with any other Court/Bench of Tribunal:
The applicant further dec_lares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this application is made, before any court or any other authority or any other Bench of the Tribunal nor ‘any such application, writ petition or suit is pending before any of them.
In case the applicants had previ‘ously filed any such application, writ petition or suit, the stage at which it is pending, and if decided, the list of the decisions should be g!ve:l with reference to the number of Annexure to be given in support thereof,
8. Relief (s) sought:
In view of the facts mentioned |in para 4 above, the applicant prays for the following relief (s): - (Specify below the relief (s) sought explaining the grounds for such relief (s) and the legal provisionr, if any, relied upon.)
9. Interim order, if any prayed for:
Pending final decision on the application, the zp following interim relief:
(Give here the nature of the interim relief pray THE GAZETTE OF INDIA : EXT RAORDINARY
10. In the event of application being sent by registered post or by courier, it may be stated whether the applicant desires to have oral hearing at the admission stage and if S0, he shall attach a self addressed Post-Card or Inland Letter, at which intimation regarding the date of hearing could be sent to him.
11, application fee.
12, List of enclosures :
Particulars of Banks Draft/Postal Order filed in respect of the 1,
2.
3 VERIFICATION I, Now , Rank Name_| z i S/o, W/o, D/o age bq longing to name of the unit/formation and resident of do hereby verify that| the contents of paras to paras to are true to my personal knowledge and believed to be true on legal advice and that I have not suppressed any material fact.
Di ate :
Place :
To, The Registrar rimed Forces Tribunzl Banch (Piace) Signature of the applicant L3 l—mve 4] SR 1S | ST Ministry/Department/Office of FORM|I1 [see rule 4 (4)] RECEIPT|SLIP.
Receipt of the application filed in the Armed Forces Tribunal -Name.
s BENChLLL...
For Registrar, Attested Ppassport Size photograph to be pasted hereby acknowledged.
Armed Forces Tribunal Dated :
Seal FORM IIT (see rule :l 7) APPLICATION FOR THE REGISTRATION OF A CLERK 1. Name of legal practitioner on whose behalf the clerk is to be registered.
[ 25 Particularé of the clerk to be registered,
(i) Full name (in capital):
(i) Father’s name ;
(iii)) Mother’s name: I
(iv) Husband / Wife's name (if applicable) (V) Age and date of birth:
(vi) Place of birth:
(Vi) Nationality:
(Vi) Educational Qualifications with Yyearjof passing and a certifier copy of araduation degree or mark sheet.
(ix) Particulars of previous employment| if any:
(x) Name of concerned legal practitiongr:
x) Postal address:
THE GAZETTE OF INDIA : EXTRAORDINARY [PaRT1I—Siic. 4]
(xi) Telephone / Mobile Number
(xif) Payment details:
Lansins o | o (clerk above named) do hereby affirm that the particulars relating to me given above are true, £ 34 Whether the legal practitioner has a employ and whether the clerk sought to bel addition to the clerk already registered.
[Signature of Clerk] erk already registered in his registered is in lieu of or in
4. Whether the clerk suugfit to be registered is already registered as 2 clerk of any other legal practitioner and if so, the name of such practitioner, ) PRI L L (legal practitioner) given above are true to the best of my infor certify that the particulars mation and belief and that I am not aware of any fact which would rend of the said....
photographs of the applicant duly attested Signa Date :
To The Registrar, Armed Forces Tribunal r unsuitable the registration (name) as a clerk. Further. I enclose Postal Order for Rs. 10, being the cost of Identity Card along with two passport size me.
ture of the legal practitioner Primed by the Managsr, Covt. of | India Press. Ring!
[ Y and Published by the Controller of Pub!
toad, Mayapuri, New Dethi-1 10064 fiwutions, Defhi-110034