6 THE ASSAM ADMINISTRATIVE TRIBUNAL REGULATIONS, 19771 CONTEN TS CHA PTE R I GENERAL PROVISION I. Title 47
2. Commenccment 47
3. Interpretation 47 CHA PTER II OFFI CE OF THE TRIB UNAL AND SITTI NG OF MEMBERS
4. Head Office 48
5. [* * oJ CIIAPTER 1Il PRESE, T,\TION, REGISTRAT ION ,\ ND ADMISSION OF A PPEALS
6. Presentation of appeals
7. Date of presentati on of ap peal
8. Rceeipt Slip
9. Contents of appeal
10. Signing of memorandum of " ppeal II. Cop ies
12. Enclosu res 48 49 49 49 49 49 50
13. F iling of affidavits
14. Scrutiny AFFIDAVITS SC RUT IN Y 50 ADMISSION
15. Admissibilit y of the appeal
16. Stay of execut ion of order CH APTER IV SER VICE OF SUMMONS
17. Summons and p rodu ction of record
18. What to accompany tho su mmons to responde nts 51 51 51 51 L published in the Assam Gazette, Part U-A, dated tbe 10th I\ ugll~t, l~;71 .1\ rr. ~"n·24-4ll . ,--.------~ ' " 46 ASSAM AND MEGH ALAY A SF.RVICE CODE J9. Service o f summons
20. Reply of respondent CH,\/VfF.R V HEARI NG. ADJOURN , lENT AN D DECISION PRO· DUCTION OF DOCU:-'IENTS [Cont. 51 52 • -
21.
22.
23.
24.
25.
26.
27.
28. 2<).
30.
31.
32.
33.
34.
35. Discovery and production of documents Inspection of documents and records Dismissal on non-appearance of appellant Restoration of appeal Ex-parte proceeding against Resp ondent Setting aside of ex-parte order Adjournment Appea rance hero)c a Bench A rguments FIc-h evidence Order Continuation ( I f procc...'d ing after the de.uh of a party No abat em ent by n-ason of death a fte r hearing Determ inat ion of legal representa tive \VIWll abatement or dism b' i11 under Rcnulation 32 s"..t aside ~ may he 52 52 52 52 52 53 53 53 53 53 53 54 54 54 54 CIL\l'TFR \ '1 RECORDS, INSI'ECI 10 • SEA RC II A ' D COPIES
36. Records
37. Appl ica t ion for inspect ion
38. Grant of application for inspection
39. Procedure after grant of application fur inspection .
40. Application for copies or information
4J. Appo uu mcnt and n..·TlUIII C' l a l i \lII Il l"sectio n writers
42. Register orAppl ication
43. Documents to be ret urned to parties C I I,\ IYf E R \ II CO NS IHUllO I OJ ilLi'\CIIES 54 54 55 55 55 55 55 55 44, Constitution of Henchc- 55 45, Sitting of Bcnclu s) 55
46. Procedure when d ifference aris('~ between one Divivion Bench and an other 55
47. The ~m..-ct or decision of a Full l1cnch 56
48. P"w.,;r of the Ch airm.r-i t,) transtcr anv C~I ' .:' from one Division Bench to another 56 ASSAM ADl\I .IN lSTRATlVE fRlDUNAL RE GULATIONS, 1977R.3j CH APT ER VIII MISCELLANEOUS
49. 1* * *1 56
50. Performance or dut ies du r ing Chai rman's ab sence from head-quarters 56
51. Functions of Regist rar 56
52. Maintenance of Registers 56
53. Fun ction of members or office st al l' 56 ~ ~rt~ ~
55. Register of Court Ices 56
56. Holiday list of the Tribuna l 56
57. Day s of judicial work 56
58. Sea l uf the Tribunal 56
59. All summons etc. to be signed and scaled 56
60. Agent and Ad vocate required to have proper authority to present appeal, etc.
61. Tribunal to follow provisions of Civil Procedure Code in matters Hot pr ovided for in these Regulations. No. A.AT. 29/77/84, dated the 8th August, 1977.-The following regula tions fram ed under sub-sectio n <I) of Section 13 of the Assam Administrative Tribunal Act, 1977 arc hereby published for genera l information, This canscels the Assam Administrative T ribuna l Regulatio ns, IlJ77 as published under Notification No. A.A.T. 29/77/8 1, da ted 6th July , 1977 in the Assam Gazette dated 20th Jnly, 1977. In exercise of powers conferred by sub-section (I) of Section 13 of the Assam Administra tive Tribunal Act, 1977 (Assam Act No. VHI of 1(77) the Assam Ad ministrative Tribunal with the prev ious sanction of the State G overn ment hereby mak es the following Regulations for regulating its procedure find disp osal of its bus iness. CIIAI'TER I GENERAL PROVISION
1. Title . -c-Thesc Regul ations may 'be called the Assam Admin istrative Tribunal Regulations, 1977.
2. Commeneement. -These Regula tions, shall come into force ' with immediate effect. -3. luterpretation.-(l) In these Regulat ions, unless the context otherwise requires,-
(i) HAct" means th e Assam Administrative Tribu nal Act , 1977.
(ii) 'Appeal' means a appeal preferred under sub-section (I) of Section 4 or the Act, and includes applica tion s for review, restoration or for sett ing aside an ex -parte order.
(iii) 'Appellan t' means a civil servant who is entit led under the Act to file an appeal and in case of death of such civil servant his legal representatives and includes an applicant and in case of his death his legal representative. ----- I. With <lIce\ fr oLU 10th AUi ull'. W77. .. ... - ......._-_.- ...-_.- .-- ... ----_._._~--_ ...._---_.-- --- _.--_._---- -~ ... - --- - 48 ASSAM ANn MEOIIALA YA SERVICE COVE [IU
(iv) 'Bench' means a b,"~iI of the Tribunal con stituted under Section 8 of the Act or a, m ry b: con stitutcd uidcr these Regulations,
(a) 'D ivision Bench' means a court held by two Members of the Tribunal.
(b) 'Full Bench ' means a cour t held by three Members of the Tribunal. (V) 'Chairman' means the Chai rman of the Tribunal.
(vi) 'Form' mean s a form appended to the se Regulations,
(vii) 'Government' mean s The G overnment of Assam.
(viii) 'Member' mean s a memb er ofthe Tribnnal.
(ix) 'Party' means ap pellan t/appli can t and/or ,l;j;spondent/opposite party and includes their legal rep resentatives,
(x) 'Registrar' mean s an officer who is ap pointed by the Government to discha rge functions or the Registrar of the Tribunal and includes any othe r person who is for the time being entru sted with the func tions of the Registrar by the Chairman of the Tribunal.
(xi) ' Respondent' includes opposi te party and in case of death of the respondent or opposite party his legal representative .
(xii) 'Section' means the section of the Act.
(xiii) 'T ribnnal' mean s the Assam Admin istrative Tribunal constituted under the Act.
(2) The provision s of the Assam General Clauses Act, 1915 (Act 2 of 1915), shall apply, as far as may be. as to these regulations in the same manner as they apply to an Act passed by the State Legislature.
CHAPTER II OFFICE OF THE TRIBUNAL AND SITTING OF MEM HERS
4. H ead Ofliee.~The head office of the Tribunal sha ll be at Gau hati provided that the Tribunal may a t any t ime, by notification in the official Gazette transfer the head office to any other place in the State of Assam .
5. Notwithstanding anything contained in Regulation 4, the Chairman may direct that any case be heard in any place that he may consider suitable, within the State of Assam.
CHAPTER III PRESENTATION, REGISTRATION AND ADMISSION OF APPEALS 6, Presentation of appe als.-Proeedure for filing memorandum of app eal : (I) A memorandum of appeal to the Tribunal may be presen ted by the appellant or his autho rised representative or an Ad vocate in person to the Registrar during office hours at the headquarters of the Tribunal or may be sent by the appellant by Registered post to the Registra r at the headquarters of the Tribunal. ., R. rn
(2) A memorandum of appeal sent by post under sub-regulation (I), shall be d eemed to have bean presented to the Ragistra r on the date of its receipt in th e office of the T rib .mal at its headquarters. COMMENT Appeal and memorandum ofappeal.- The words "accompanied by" showed that something tangible had to accompany the memorandum of appeal. If the memorandum of appeal had to be accompanied by satisfacto ry proof, it had to be in the shape or something tang ible, becaus e no intangible thing can accompany a docum ent like the memorandum of appeal. Making "an appeal" the equivalent of the memorandum of appeal is not sound. Even under Order XL of the Cod e of Civil Procedure the expression " appeal" and memo randum o f appeal" arc used to den ote two distinct th ings. The word "appeal" is defin ed as the judicial examination of the decision by a high er court of the decision of a n inferio r court. The appeal is the Judicial examination : the memorandum of app eal contains the grounds on which the judicial examination is invited.'
7. Date of presentation of appeal.c--Registra r shall endorse on everY memorandum of appeal the da te on which it has been presented or is deemed to have been p resented under Regulation 6 and sha ll sign the endorsement.
8. Receipt slip.- The appellant may at tach to and p resent with his memorandum or appeal a receipt slip (as in Form No. 2) which shall be signed by a person nominated by the Registra r in acknowledgment of the receipt of the memorandum of appeal.
9. Cootents of appeal. -Contents of the memo ra ndum of appeal. Every memorandum of appeal shall be in Form N o. I and sha ll :_
(i) State the na me and address of the appellant ;
(ii) State the name and address (to the extent known) of the necess ary respondents; and
(iii) set out concisely and under distinct head s the grounds of appeal without any argument or narrative. COl\L\ IENT Appeal.-The term " app"I" is defined in the Oxford Dictionary, Vol. I, p.393, a; rh s t ransference of a ca se from an inferi or to a higher court or Iribr.ral in the hope of reversing o r modifying the deci sion of the former. The ter m ".,ppoa l" co nta ined in the Law Dictionary , by sweet where it was defineJ " a> a proceeding taken to rectify an erroneous decision of a court by sub mit ting the question to a higher court, or Court of Appeal".'
10. Signing of memorallllum of appeaL-The appellant him self shall sign or put his thumb imp ression on the memorandum of appeal. II. Copies.-Copies of memorandum of appeal to be presented to the Trib.mal : Al ong with the memorandum of appeal the appellan t shall submit the following numb" of copie; of th' m emorandum of appeal along with its annexures to the Registrar : J. Messers. Lakshmir ar an Engine ering Works Ltd. v , Assistant Oommisslcner (Judicia l) J. , Sales-tax, Kanpur, AIR 19611 SC 4B8 at 492: 2 1 SIC 154 at 161 : (1968) 1 SCWR 433 at 434 : (1968) I SCR , 0, a t , 11 : (1968) 2SCJ I.
2.. Rasiklal Kar amchand Shah v . The Nagr! Mills Co . Ltd., Ahmedabad, (1973) 26 FI.R 52 at ~ ; Smt . Bimal Kapur v, Raj inder Kapur. 1973 J & K Rep 19. 5C-7 ASSAM~-";D MEOHALAYA SERVICE CODE rk.Ii...
( i) three copie s for the Tribunal, and
(ii) as many copies as there arc respondents in the case,
12. Euclosurea---What to accompany memorandum of appeal Every memorandum of appeal shall be accompanied by :
(i) a certified copy of the order appealed against:
(ii) where the appellant, for reasons beyond his control, is not in a position to famish a duly cert ified cop y of the order under item (i) above the appeal shall accompanied by an affidavit stating the reasons therefore; and
(iii) copy or copies of the document/docum ents on which the appellant wishes to rely along with a list of the documents. AF FIDAVITS -D . Filing of aflldavits .-Wherc a fact as alleged in the appeal or reply thereofeannot be borne out by, o r is cont ra ry to the record, it shall be stated clearly and supported by an affidav it. SCRUTINY
14. Scruliny.-(l) On presentation of memorandum of appeal and before initiating any action on it, the Registrar shall have the scrutiny made on the following points and obtain the orders of the Tribunal under Regulation 15:-
(i) whether the memorandum is in the prescribed form;
(ii) whether it bears the signatures Or thumb impression of the Appellant;
(iii) whether it is accompanied by a certified copy of the order against which the appeal has been filed or an affidavit under item (ii) of Regulati on 12 alongwith the requi site number of copies ;
(iv) whether affidavit duly sworn whenever necessary, has accompanied the appeal ;
(v) whether it is within the jurisdiction of the Tribunal ; (Vi) whether it contains the grounds of appeal;
(vii) whether the appeal is within the period of limitation; and if not so, whether the appell ant has filed any petition to condone the delay;
(viii) whether necessary parties have been impleaded; and
(ix) any other relevant point affecting the admissibility of appeal.
(2) If it appears to the Registrar that the mem orandum of appeal presented to him does not compl y with any of the said provisions he shall return the same to the appellant with an endorsement specifically pointing out the defcct(s) on account of which the memorandum of appeal could not be registered. If the defects are such as can be remed ied, ,the endorsement shall also state that the appeal may be refiled by appellant with in a period of fifteen days from the date of endorsement after curing the defect s pointed out therein.
(3) If the party concerned or his agent or Advocate refiles the appeal within the peri od stated in sub-regulatio n (2) afte r curing all the defects pointed OUl, the appeal shall be registered as aforesaid, R. 19) - - - - - - - - ASSAM ADMINISTRATIVE TRIBUNAL REGULATIONS, 1977 51 . ' ~
(4) If the part y concerned or his agent or Advocate refile s the appeal after the period stated in sub-regulation (2), or fails to remedy or explain any of the defects pointed out while refiling the appeal the Registrar shall place it before the Tribunal for orders. ADMISSION
15. Admissibility of the appeal.-After the Registra r had scrutinised the appeal as aforesaid and registered it, or reserved it for order of the Tribunal und er Regulation 14 (4), it shall be placed before the Bench nominated by the Chairman or in h is ab sence by the member aut horised by the Chairman for the purpose and the Beneb may :-
(i) admit the appeal forthwit h ; or
(ii) hear the appellant on the que stion of admi ssion and after hearin g him eithe r admit the appeal or dismiss the same. COl\tI\IENT Admis.<ion-Legal effect.- Whenever an ad mission is brought on the record of subsequent proceedings, it is adm issiblc in evidence but she party making the ad mission can explain it away. It may explain the circumstances in which the wrong admission wa s made. This, however, docs not mean that the adm ission becomes inad missible in evidence and cannot be relied upon the other side.'
16. Stay of execution of order .-Pend ing final decision on an appeal or application, the Tribunal may dir ect that the execut ion of any order against which the appeal or applicat ion is made be stayed on such conditions, if any, as it may lay down.
CHAPTER IV SER VICE OF SUMMON S
17. Summnns and production of reeord.-Summoning of Respondent and production of record . On the admission of an appeal, the Bench shall order for :-
(i) issue of summon s in Form No. 3 to the re spondents considered . necessary parties by the Bench. Explanalion.-In case any order passed by the G overnment has been challenged, the summons shall be issued to the Secreta ry to the Government in the Department concerned. In case the order chall enged ha s been passed by any officer of any department, the summons shall be issued to such an officer, and also to the Head of the Departiirent concerned ; and
(ii) production within the peri od laid , :own by the Bench of the record considered necessar y by the Bench for the hea ring and disposal of the appeal.
18. What to accompany the summons to Respondents.- Aloug with the copy of the summons to the Respond ent, a copy of the memorandum of appeal along with all its enclosures shall be sent to the Respondent.
19. Service of summons.c-Bver v summ ons shall be served
(i) by tendering o r delivering a copy of it to- I, Sham Chand Mi.i a v. State of U. P., (1971) 2 SLR 62+ at 630 (All). A9..iAM AN D MEOHALAY.-\ SERVICE CODE [R.20
(n) the person summoned ; or
(b) his duly auth ori sed representative or advocate; Or
(c) in case thc person summoned is absent, any adult male member , of his family usually residing with him ;
(ii) in case the person summoned cannot be found and his no autho rised repre sentative or Advocate or adu lt male mem ber of his family, or where the per son summoned refuses to sign the acknow ledgement, by affixing a copy thereof upon some conspicuous part of his usual or last known place of his residence, or by publication of the summons in the news papers, at the cost of the appellant :
Provided that in any appeal the Tribunal may in its discretion order the summons to the respondent to be sent by registered.p ost in addit ion to or in alternative to the mode of service laid down above. An ackn owledgement pu rporting to be signed by the respondent or an endorsement by pos tal servant that 'he respondent refused to take delivery would be deemed by the Tribunal to be prima facie proof of service.
20. Reply of respondent.c-ql ) In the summ ons issued to the respondent, the till" allowed for reply shall be sta ted and written reply, if any, shall be filed within the prescribed time unless the time for doing So is extended by the Bench.
(2) The respondent sha ll submit 3 copies of the written reply for the T ribunal and one copy for the apppcllant,
CHAPTER V HEARING. ADJOURNMENT AND DECISION, PRODCCTlON OF DOCUMENTS
21. Discovery and produefion of doeements .-On the request of the party th e Bench may require the discovery or production of any document provided it is relevant to th e hearing and disposal of the appeal. I NSPECTION OF DOCUMENTS AND RECORDS
22. Inspectlon" of documents ard IrfClr's.-On aprhcaticn of party, the Re gistr ar may permit the inspection of records and the documents relevant to th e ease and in the possession of the Tribunal. DISMISSAL AND RESTORATION
23. Dismissal on non-appearance of appellanl.-On the non-appearance of the appellant Or his dul y authorised representative or Advoca te, the Bench may dismiss th e appeal or pa ss any othe r order as it thinks fit.
24. Restoration of app eal. - On suffi cient grounds being shown, the Bench may resto re an appeal d ismissed under Regulation 23 if the app lication for resto ra tion is made within 30 day s o(the order passed :
Provided that it shall not be necessary to hear the respondent in such a case if he had not ap peared at all or if he too was absent on th e day dismissal order was passed. EX·PARTE PROCEDINGS
25. Ex-parte proceeding against Respondenl.-If the respondent does not submit the reply within time mentioned in the summons or extended by th e ---- R. 31] ASSAM ADMIN IsTRATIV E TRIBUNAL REGULATIONS, 1977 33 I, • Bench or the respcndcnt or his authorised representative or advocate does not appear on the day of hea ring, the Bench may proceed ex parte against him.
26. Setti ng aside of ex-part e order .-On sufficient grounds bei ng shown the Bench may rescind its ex parte order passed under Regulation 25 :
Provided that no such order shall be passed unless notice of the application has been served on the appellant. ADJOURNMENT
27. Adjonrnment .- Except for the reasons to be recorded in writing, the Bench shall hear an appeal from day to day. On sufficient cause being shown it may grant adjournment subject to such costs or other condition as ar e considered appropriate by the Bench.
28. Appearance before a Bench.- A party may appear before a Bench either per sonally or through his representative duly auth ori sed in Fo rm No, 4 or through an advocate. For appearance through advocat es duly stamped Vakalatnama shall be needed.
29. Argnments.-The parties may, either pe rsonally or through their authorised representative or advocates submit orally 0!" in wri ting C'T in both, their arguments before the Bench. The appe llant shall not, except by leave of the Bench, urge or be heard in support of any gronnd not set froth in the memorandum of appeal.
30. Fresh evidenee.- (l) N o'party to an appeal or an" lIpplication shall be entitled to adduce fresh evidence, whether oral or documentary, before the Tribunal. The Tribunal may, however at any stage accept documents tendered by a party or call for any documents, if it is of opinion that they are necessar y fo r deciding the appeal or app licatio n, pr ovided that the other party shall in that case be entitled to produce rebutting evidence.
(2 ) A part y desiring to prcduce such de(\lments or affidavit shall file three copie s of the 'arne en a cat c at least seven dal s ah rad of the dat e of hering and shall at the same time serve an additir nal copy thereof en each of the respondents or opposite parties,
(3) The Tr ibunal may direc t any authority against whose order an appeal o r application is made, to make such further investigation or to take add itional evidence directly or thr r ugh any subo rdinate auth ority, as it may think necessary :
Provided that in any appropriate case the Tr ibunal may, if it thinks fit, order for issue of commi ssion for examinati on of a witness or document.
(4) Where fresh evwence has been adduce d under sub-regulation ( i) or a further investigation is made or additio nal evidence is taken under sub-regula tion (3), the parties shall be entitled to add res< the Tribunal or points ari sing out of the fresh or addit ional evidence or further investigation.
31. Ord er.-( I) The o rder of the Bench shall be in writing and shall stale the points of determination, its findings thereo n and the reasons for these findings in a concise manner.
(2) Copies of decision.-A copy of the final order passed by the Tri bunal on any appeal or application Shall be sent by the Registra r as soon as practica ble to the authority concerned. Par ties may have copy on payme nt of the fee as laid down in Regulation 40. .:..._.__ .-:---~-_._- _._._-_._- --_.--- -.. '-----_._--~--_._._- .+ ._.- .-~ -. -_.-----~... 54 ASSAM: AND MEGHALAVA SERVICE CODE . [R.32 COMMElI.'T Order-s-Admini st rative in natl/re .-When an order is administrative in nature the Government has power to consent its previous order and revise the ~ same whe~ th ey con sider it necessary. There is no rule or statute laying down rest rict ion on the fee use of thi s power of the State G overnment unless such power is reg ulated by a sta tute or rule s framed und er a statute.' ARATEMENT
32. Continuation of proceeding afte r the death of a part)'.-An appeal sha ll ab ate. unle ss on the death of appellant the right survives and hi s legal rep resenta tive applies for its continua nce to the T ribun al within a period of th irt y days from the date of the death of the appellant. It the event of the death of any respo ndent. his legal representat ive. if he so desires. may apply, if the r ight has survived. for being impleaded as a pa rty wit hin a period of f t hirty days fro m the date of the death of th e resporreent.
33. No abate ment by reason of death afte r heari ng.- Notwithstand ing anything: contained in Regulation 32 there shall be no abatern -r-t by reasons of ~ the drnth of any pa rty. betw een the co nclus ion of the hearing and the passing of the order of the Tribunal and the order may. in such case. be pa ssed notwith stand ing the death. and sha ll have the same force and effect as ifit had been mad e before the death took place. ~4. Determination of legal representa tll'C.- If a question arises in appeal or application. wheth er a person. is or is not the legal rep resentat ive of a deceased party, such qn estion may be de ter mined by the Tribunal in a summary way after taking evidence, if necessary.
35. Wh en abat ement or dismissal under Regulati on 32 may be set aslde. Where an appeal or application has abated or has been dismissed und er Regulation 32 the appeallant or applicant or a perscn cla iming to be the legal rep resentative of a deceased appellant N arrl:cant as the case may be, may apply within sixty days from the date of abatement N <'ismi"al of th e apeal or application to have the abatement or dismissal set aside, and if it is proved to the satisfaction of the T ribunal" that he was prevented by sufficient caus e from applying within time, the abatement or dismissal sha ll be set aside by the Tribun al and the appeal or application proceeded with: P rovided that an application under this Regulation way he admitted even after the aforesaid period of sixty days from the date of abatement of dismissal, where t he applicant satisfies the T ribunal that he had sufficient. cause for not making the application within such period. CHAPTF.R "~I R ECORDS, INSPECTIO N, SEARCH AND COPIES
36. Rerords.- The records of the Tribunal shall be kept in the custody of the Registrar.
37. Application for Inspertion.- Any person who has a right to inspect a record under the provisions of the Indian Evidence Act, 1872, or under any other law for the t ime being in force..or to obtain copies or any records of .the Tribunal of extracts therefrom, and if he so desires, he sha ll make an a ppl ica tion in writing to the Regist rar stating therein the p~ rposc for wh ic~ the said requ est is made. Such application shall be accompa nied by the co pymg foe or inspec tion fee. as th e case may be, as provided in these Regu lations. I . Bindu Natb Ohoudbry v, State of A" am, AIR 1959 Assam 118 at 119. ., R. 46J As$-UI AD~UNJSTRA1'IVt~ TRIBUNAL REGULATrO Ns, 1977 55
38. Grant of application for iuspoctlon.- If the Registrar is sat isfied th at the application is in ord ir a ll I i ~ :.D ':Jlll.u nk J by the necessary fee, he shall gra nt the app lica tion.
39. Procedure after ~rant of application fOI' inspeetion .-(l ) Wh en any ap plication under Regulation 37 is received, the Registrar sha ll endo rse on it the date on which it is receive.I by him and pa ss an order thereon. If the application is granted, he shall a lso cnd orce on it :-
(a) the date on which inspection 6r the records was allowed or copies thereof were given;
(b) the amount of the fees rece ived fro m the appl icant ; and
(c) the name of persons in wh ose p resence the inspection was allowed.
(2) No inspcc'io n of an y records or the T ribunal shall b. allowed except in the presence on an official of the Tribunal appointed in tha t behalf by the Registra r.
40. Application for coples or Iufermatlon.c-Rules laid down in Section V, Assam Record Hand Book. 1925 (Reprinted 1958) as amended , from time to time sIn H h ~ f, JlI,}wl .t m tta ti » III uanlis for g r.mtiug of copies or informa tion unless otherwise p rovided for in any Act or Rule, frame d thereunder. '
41. Appointment and remuneration of section writers.- The T ribunal may appoint sectio n wri ters for copying document s. The Section wr iters' accoun ts will be made out monthly and th e am oun t due to each paid out of contingencies. In matter of p.iyms.r; the procedure outli ned in Section V of the Assam Record Hand Book, 1925 (Reprin ted 1958), shall be followed .
42. Register of Application.-A Register of applicat ion for copie s sha ll be maintained in the for m given in Appendix XIX of the Assam Record Hand Book, 1925 (Repri nted 1958).
43. Documents to be returncd 10 parties.c--Thc certified or o riginal copies of documents filed with the appeal or applica tion or called for by the Tribunal shall be N tU :l l.:J to til.': P.l; lY0 : .rr .h.iricy concerned, us SOv 11 as may be prati cable after the iiml d isp r sal or the appeal or app lication. CH APTER VII CONSTITUTION OF BENCHES 4~ . Constltution of Benches. - (I ) The Chairman or in his ab sence, the manager to be nominated by him, may, by special or general o rder, din...ic t the co nstitution of Bench or Benches comprising uf two or more members.
(2) All appeals sha1T'normally be heard by a Division Bench:
Provided that if the Chairman be of the op inion tha t an appeal involves a substantia l quest ion of law, he ma y refer the app eal for heari ng by a Full Bench .
45. Sitt ing of Hench (s).- 1\ Bench shall hold its sittings at its head quar ter or at such other place or places as may be co nside red convenient by the Chairman, or in his absence, tho member to be nom inated by the Chair man, under Regulation 44.
46. Procedure when difference arises between one Division Bench and another.-Whenever one Division Rench differs fro m an y other Division Bench on a point or law or usage having the force of law, the case shall be referred for decision by a Full Bench. - --- --- 56 AsSAI.l A Nn MEGIIALAVA SERVICE CODE
47. The effect of decision of a Fnll neneh.-Every decision of a Full Bench sha ll be treated as b'n'l ing 0 :1 Division Bench on a poin t of law Or USage having the force of law, determin ed by a Full Bench.
48. Power of the Chairman 10 trnnsfer any case from ODe Division Bench 10 ~~other.-The Chairman may withdraw any case pending before a ny DIVISIOn Bench to himse lf and transfer It to any other D ivision Ben ch.
CHAPTER VIII MISCELLANEO US
49. The Chairman or such member as nominated by him shall rema in in charge of the day to day adrnin istration of the office of the Tribunal.
50. Performance of duties during Cha i rman~bsenee from headquarters . - The Chairman may nom inate any mem ber to pe rform any of the duties. to be performed by him und er -thcse Regulations during his ab sence from the headquarter. . 51. Functions of Registrar ._ Th e Registrar shall perform such functions as are assigned to him by these Rcgulutions or by the Cha irman .
52. !\Iaiutenanee of Regi stor s.- T he Registra r shall ma inta in separate registers for -
(i) Appeals in Form 5 ;
(ii) Applica tions for review in Form 6 ;
(iii) Applications for restora tion in Form 7 ;
(iv) Applications to set aside ex parte order in Form 8.
53. Function of members of office staff.-Th e members of the office statl of the Tribunal shall perform such function s as a rc assigned to the m by the Chairman or with the permission of the Chairman by the Registrar.
54. Court fe.s.-AU appeals, Vakalatnamas and applications shall bear court fee sta mps of the amount as provided for by or under the law.
55. Register of Court Fees.-The T ribunal sha ll appoint one of the members or irs ollice 'i tJ. ~T for the purp .nc of cancelling Court Fee Stamps as required under Section J) of t:" (lil ian C ourt Fees Act. The ollic er so appointed shall exa mine the Court Fee Starn: when received and satisfy himself that it is unu sed. He shall then punch th e Cour-t Fe' Stamp and put down a serial number in tho sta mp in red ink. He shall also sign the Court Fee Stamp and put down the date, Therea fter he shall enter the Court Fee serially in a register to be maintained for tha t purpose. The Court Fee sha U be tot alled dail y and a pr ogr essive total since the beginning of the year shall also be struck. The Registrar sha ll check the entries in the Register and initial the total daily .
56. Holiday list of tbe TribunnL- The Tribunal shall observe the list of ho lidays prescribed by the State G overnment.
57. Days of judicial " ork. - The Tribunal shall transact judicial work on such da ys as may be fixed by the Chairman by general or special order.
58. S eal of the TrlbuDal.-The Tribunal sha ll have an office seal 01' its own, which shall be kept in the custody of the Regi strar. I J _ fO .. .. Forms) 57
59. All summons, etc . 10 be signed and sealed.i--Every sum mons , notice, o r other process sha ll be signed by the Registrar with the date of signing and shall be sea led with the offici al sea l of the T ribun al.
60. Agent and Advncate required 10 have proper authority to present appeal, etc.-No agent or advocate shall pre sent a mem orandum of appeal or application or appear or act for any party in appeal or app licat ion made to the Tribunal unless he has been appointed for tiD purpose by such party by a document in writing signed by such party or by some person du ly a utho rised by a power of attorney to make such appointment.
61. Tribunal to follow provisions of Civil Procedure Code in matters uot provided for in these Regulations. -The T ribunal shall, in any ma tter not provided for in these Regulations, follow the procedure ", far as it is applicable laid down in the Code of Civil Procedure, 1908. FORM No.1 (See Regulation 9) In the enurt of the Assam Administrative Tribunal, Gauhatl Appeal No of. . I. (i) Name and father 's name of the appellant.
(ii) Designation.
(iii) Residential address.
2. Name and address of the respondent/so
3. Number and dat e of the or der appealed again st and name and designation of the officer who passed the order .
4. Whether any appeal under the Service Rules was/has been filed before any competent au tho rity? If so, with what result ? S. Ift he appellan t proposes to be represented by a representative/o r advocate/t heir names and po stal address.
6. Facts of the case.
7. G rounds of appeal.
8. Docu ments field with the appeal.
9. Prayer. Place . Date . Appe llant's Signature- FORM No.2 (See Regulation 8) Receipt Slip. Date . Receipt of the Memorandum of Appeal filed in the Court of Assam Ad ministra tive T ribu nal, G auhati, by Shri/Smti again st the order passed by is hereby acknowledged. Fo r Registrar, Assam Administrative T ribunal. Gauhati SC-8 , ' ,j H To A!;SUI A ND MEGHALAYA SER\"I t.;E COOR FO RM No.3 [See Regulation 17 (I)J In the cour t of the Assam Admini,tr.t;"e Tribunal, Gauhali Appeal No of 19 ,.., Summons to Rc~pondcl1t ~ [ f- or m, of.. . . .... ... . . .. .... . ....... . . .(Na me; designatiun and address ). Whereas ( arne of appellant), has filed an appeal aga inst the order da ted passed by ... . • ... . .(copy of memorandum of appeal along wi,h the cnclosurcr atrachedj : you ar c here by summoned ro appear in this Tribunal, in person r by representative or Advocate duly instructed and au thorised and able to an swer all material qu estion rela ting to the appea l on the da y of. . You may tile your reply and produ ce all the documents upon which you intend to rely in suppo rt of you r case within 21 days from the service of the sum-mons. In default of failing of reply a nd your appearance on the da y before men tioned, the appeal shall be heard and determ incd in your ab sence. Given under my hand and tit> seal of the Tribunal thi s day of the mo nth of of , Registrar, FO RM N o.4 (Sec Regulation 28) Letter of Authorisati on In the court of the Assam Administra tive Tribuual, Gauhali Appeal No . . Appellant . . Rcspo ndcnt/s . . I have appointed Shri . . . . as my representave io the above appeal. I hereby au thorise the said Shri . . . .t o ap pear on my beha lf and represent me 111 the proceedings before the Tri bunal. He shall have all power to liIe appeal, reply, appli~ation : inspect record, obta in copies and to do all ot her acts necessary ID connection With the proceedings. ., Signature of the Representative Appellant/ Respondent . Forms] , - ---- ASSAM AOMINIsTRATIV£ TRIBUNAL REGULATIONS. 1977 ;9 1 FORM No.5 (See Regulation 52) The Assam Ad ministrative Tribunal Register of Appeals (I) Serial No.
(2) Name and address of appellant
(3) Name and address of respondenns)
(4) No. and date of order under appeal and the authority passing the same
(5) Date of filing the appeal
(6) Date of preliminary hearing
(7) Result of preliminary hear ing and date of admission/dismissal
(8) Date of fina.U1earing
(9) Result of final hearing .
(10) date on which the file sent to Record Section. ( I I) No. allotted to the file by the Record Section.
(12) No. of Review application. if any
(13) No. of restoration applicat ion. if any
(14) No. of application. if any. to set aside ex-parte order
(15) No. and result of writ petition, if any
(16) No. and result of appeal to Supreme Court. if any FORM '10. 6 (See Regulat ion 52) The Assam Administrative Tribunal Register of Review Application (I) Serial No.
(2) Name and address of applicant
(3) Name and address of opposite party
(4) Tri bunal No. and d:m: of ord er under review
(5) Dare of filing the review application
(6) Date of preliminary hearing
(7) Result of preliminary hear ing or dare of admission
(8) Date of fi nal hearing
(9) ltesult of final hearing
(10) Date on which the file sent to Record Section 1 60 ASSAM AND MEGHAL:A.YA SERVICE CODE ( I I) No. allotte d to the file by the Reco rd Section FORM No.7 (See Regulat ion 25) The Assam Adm inistrat ive Tri bunal Register of Restoration Appllcallons (I ) Serial No.
(2) Name aod add ress of the appli cant
(3) Name and add ress of the opposite party
(4) No. and date of the order of the Tri bunal sougnr to be restored
(5) Date of filing of the restoration applica tion "(6) Date of hearing of the restorati on application
(7) Result of th e hearing
(8) Remarks - FO RM No . S (See Regulat ion 52) Th e Assam Administ rative Tri bunal Regi ster of applications to set aside ex parte erders (I) Serial No.
(2) Name and address of the opposite party
(3) Name and address of the applicant
(4) No. and date of ex -parte order of the Tribunal sought to be set aside
(5) Date of filing of the application for setting aside the ex -parte order
(6) Date of hearing of the application
(7) Result of the heari ng
(8) Remarks