THE MADHYA PRADESti "1ADHYASTHA? ADHIKARAN REGULA T10NS. 1985 Published in M.P. Gazette (Extraordinary), on
20.8.1985] [F.No.29-M-A-85, dated 20.8.1985; - In exercise of the powers conferred by Section 10 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (No.29 of 1983), the Arbitration Tribunal, hereby makes the following regulations, namely:-
1. Short title and commencement - (1) These regulations may be called the Madhya Pradesh Madhyastham Adhikaran Regulations, 1985.
(2) The regulatlons shall come into force on the date of their publication in the Government Gazette.
2. Definitions - In these Regulations, unless the context otherwise requires, -
(a) "Act." means Madhya Pra?esh Madhyastham Adhikaran Adhiniyam, 1983; 'r(aa) "Chalrperson" means the Chairman appointed under section 4 of the Acl]"
(b) "Reference" means reference under section 7 of the Adhiniyam (Act);
(c) "Registrar'' means the Registrar of the Madhyastham Adhlkaran {Arbitration Tribunal) and includes a Dy. Registrar;
(d) Words and Expressions used but not defined in these regulations but defined in Madhya Pradesh Madhyastham Adhikaran Adt,lniyam, (hereinafter called the Adhiniyam} and the rules framed, thereunder,. shall have the meanings assigned to them in the Adhlniyam and the Rules.
3. Reference to Tribunal - Reference (Petition for Arbitration) in the prescribed form shall be presented to the Registrar or an officer authorised by the Registrar in this behalf by the petitioner in person or by his duly authorised agent or advocate, during the work.Ing hours of the Tribunal. 2("Languageof the Tribunal shall be English and may also be Hindi:
Provided that the parties to the proceedings before the Tribunal shall have a right to produce/file documents drawn up in Hlndi, if it is so desired"]. 1 hu.etud by amcndm1:-n1 und,:r Noufica.1100 No.3 l+ME-99 dl.tc4 Ill$ 'YJ publi•h.cd ln .M P. C}&ulU dated l 7.1999. ? Added in rtgulauon 3 V1dc •nimdinent published in M.P. O.Utti: d.,1ed 30.7.20 I J. 3
106. The State Government or the public undertaking, as the case h II furnish the particulars in Forms A, B, BA, BB, BC whichever . maY be, s a . · ,·cable within a month after filing of the reply : is app I ' ·ded that the Petitioner shall not be entitled to raise any ground and prov1 . seek relief on the basis of and in the light of the particulars, so furnished. He may seek merely the support of the grounds already raised rn specific wrth the facts and figures·.]
11. The rules 1 to 6 of the Order Ill of the Code of Civil Procedure shall be applicable to the proceedings before the Tribunal or its Benches.
12. The reference shall be accompanied with all the documents on which the petitioner relies to establish his claim and the written reply of the opposite party shall, likewise, be accompanied with all the documents which he intends to rely upon in defence or support of his case
13. If the postal article containing the notice or the summons is received back with an endorsement purporting to have been made by a · postal employee to the effect that the addressee or his agent had refused to take delivery of the postal article containing the notice or summons as the case may be, when tendered to him, the Tribunal or the Bench issuing it shall declare that the notice or the summons has been duly served .
Provided that the declaration referred to above shall be made notwithstanding the fact that the postal acknowledgement has not been received back before the date fixed.
14. Substituted service - Where the Tribunal or the bench is satisfied that there is reason to believe that the addressee is avoiding service or that for any other reason the notice or summons cannot be served by post, the Tribunal or the bench shall order the notice or the summons to be served by an advertisement in a daily newspaper, circulating in the locality in which the addressee is known to have last. resided or worked or carried on business or in such manner as may be thought fit. 1 s. Discovery, inspection and admission of documents - The rules under Order XI and XII of the c,vil Procedure Code shall be applicable to the cases before the Tribunal. 2
4. Procedure on recef pt of reference - As soon as a refe . . ?n? received m the office of the Tribunal, it along with the Affidavit documents shall be scrutinized by such responsible official of the Staff the Tribunal as the Chairman may, by general or special order, authon m this behalf
5. If any defect or deficiency rs discovered in the reference t I I s be reported to the Registrar or an officer authorised by the Registrar in thi behalf who shall direct the petitioner to remove it within a specified time t be fixed by him. 'flf the petitioner fails to rectify the defect within the urn allowed the Registrar may forward the reference to the Chairman fo necessary orders ]
6. The r?ference, if found in order or after removal of the defector deficiency, rf any, shall be registered, numbered and placed before the Chairman. v 7. The Chairman shall, having regard to the nature of the dispute, the amount involved and other relevant factors, if any, assign it to a Bench for giving award.
8. The Bench to which the reference is so assigned shall cause notice thereof to be issued to the opposite party to show cause, specifying the date for appearance.
9. Notice to the opposite party with a copy of the petition (reference) shall be sent by registered A.O. Post and it shall be treated as served, until the contrary is proved.
10. The opposite party on or before the date specified in the notice for its appearance, may file a reply in writing signed by rt or its authori?ed agent, along with an affidavit verifying the averments made in the reply. 2("1OA. After submission of the written reply and rejoinder, if any, the parties on the next date of hearing shall make admission/denial of the documents placed on record by the opposite party. However, the denial shall be on affidavit. I Add 1 Ad cd ?nrqula1tM .S Ylde amendment pybtiwd in M.P. Ouctk d.11ed 2 7.1999. ded in r<,:ula_tk)[110 vtdc amcod? publllhe.d in MP. Gucttc da1cd JO 7,201J 4
16. Issues - It shall not b e necessary to tram . Tnbunal or the Bench may d f e issues ? case. o so or the sake of expediency in a Part·
17. Summoning d Aan ttendance of Witnesses - Th 21 or Order XVI and rules 1 to 7 of O d e rules 1 Code will be applicable in th r _erXVIA of the Civil Pro n e proceedings before the Tribunal ecessary and suitable modifications therein. '
18. Summons how served E- very summons n t b . summons delivered to a party ' . o e1ng ,or service shall be may be in the same manner a ' served, as nearly s a summons to a defend t rules regarding proof of . an and the sa service shall apply 19? Summons given to a party f h or service - The Trib 1 on t e application of any party for . ' una may, issuing a summons t th of any person allow s h or e attendan ' uc party to effect service of person and shall in such . such summons on such ' case, deliver the su service. mmons to such party for The summons served under this served by a serving offi regulation will be treated as teer. Where a summons Is this regulation, the party sh II . served by a party under a not be required to pa th f chargeable for the se . t Y e ee otherwise rvice o summons.
20. Production of witnesses without su the Arbitration proceedings . mmons - Any party to may, wrthout applying to witness to give evidence t r summons, bring any or o produce document . h the Tribunal. s wit the permission of
21. Appearance of parties and co appearance - Provisions of rul 1 nsequence of none to 14 of Order IX of th c· . Code, shall be apphcabt t th e iv1I Procedure e o e proceedings bet th modification as may be ore e Tribunal with necessary for the purpose
22. Adjournments - The Tribunal . may, if sufficient cause is sh or the Bench hearing the case own at any stage of th time to the parties t e proceedings, grant or o any of them and ma fr . . . the hearing of the case Y, om trme to time, adjourn 5 In every such case, the Tribunal shall fix a day for the further hearing of the case and may make such order as 1t thinks fit with respect the costs occasioned by the adjournment.
23. Hearing of the case - After the written reply is filed by or on behalf of the defendant, a date will be fixed for settlement of points in dispute and the evidence which the parties will adduce in support of their respective cases.
24. Final hearing - On settlement of points for determination and the evidence, the case shall be posted for final hearing. 1·cases with the valuation exceeding Rs.25 lacs shall be heard by Three Members Bench, therefore, the Petitioner is required to submit in paper book form and in triplicate, copies of reference petition, Petitioner's documents and affidavit evidence; hkewise, the opposite party is required to submit in paper book form and in triplicate, copies of written reply, respondents documents and affidavit evidence, at least three weeks before the date of final hearing. Each party is required to furnish copy of its paper book to the opposite party".
25. Party to appear before other witness -Where a party himself wishes to appear as a witness he shall so, appear before any other witness on his behalf has been examined unless he rs allowed to appear as his own witness at a later stage.
26. Memorandum of evidence - It shall not be necessary to take down or dictate or record the evidence of a witness at length, but one of the members or the sole member as the case may be, sitting to hear the case, while a witness is being examined, shall dictate to the deposition writer, a memorandum of the substance of what the witness deposed, and such memorandum shall be signed by all the members of the Bench or the sole member, hearing the case, and shall form part of the record.
27. Sequence of evidence - On the settling date, subject to regulation 25, the sequence in which the evidence may be taken shall be decided by the Bench hearing the case · 1 AdJ.:J ,n rciulai,,,o 24 \ilk amenumtnl rubh?hed ,n MP. Qu,:uc Ja1?d S 1013 6
Provided that the Tnbunal or the Bench hearing the case,change the sequence of evidence as and when it becomes necessarydo so and may also allow the producing of addrtional evidenceexamination of a new wrtness for reasons to be recorded in this behalf.28. Power to order any point to be proved by affidavit - T1["Trrbunal"Jor the Bench, hearing the case, may at any time, order tany particular fact or facts may be proved by affidavit or that the affidaof any witness may be read as evidence at the hearing on such cond,tras lhe Tribunal or the Bench thinks reasonable.
29. Power to order attendance of deponent for crosexamination - Upon an application made by a party, evidence may begiven by amqavit, but the court may. at the instance of the other party,order the attendance for cross-examination of the deponent.
30. Power lo Inspect - The Tribunal or the Bench may, at anystage of the proceedings, inspect any property or thing conceming thedispute built it on inspection shall make a memorandum which shall formpart of the record of the case.
31. Award - The Tribunal or the Bench as the case may be, afterthe case has been heard shall pronounce its award, either at once or assoon thereafter as practicable on some future date, of which due noticeshall be given to a parties or their pleaders. 2["Theaward shall be signedand dated"J by the member or members who hear the case.32. Commission, fssue of Commission - The Tribunal or theBench may, in any case, issue commission for examination of a witness orexamination of accounts or local inspection or 1nvest19at1on or tor anyother purpose which may be considered necessary for the disposal of thecase, on such terms and conditions as it thinks proper.
33. Proceedings and Report lo be evidence - The proceedingsand report (if any) of the Commission shall be evidence in the case butwhere the Tribunal or the Bench has reason to be dissatisfied with them, itmay pass such orders as it thinks fit. ' "Coun• .-on1 subsuru,cd by "Tribunal" vide nouficaJionpublished m AlP o"""' doled 2. 7. J 999 2 Sub. vide not.ificmionpublislied 1nMP.?c:da1cd 2.7 1999 7 . members(1) The chairman.d vacation.- h , "34 Public holidays an . I shell observe ell sue [ . ff f the Tnbuna . Tnbunal and officers and sta o ·bed by the High Court off the re prescn o d general holidays as a there shall only be twobllC an However, pu p desh for its observance. have been notified byMadhya ra , . nd its office, as d Saturdays for the Tribunal e H h Court and us registry. Inclose d ys for the 1g h Court as closed Satur a 1·1 ch local holidays or anythe Hig II observe a su to this, the Tribunal sha I cal authority from time toaddition he Government or o holiday declared by t other ' summer vacation andtime. entitled to 15 days . the The Chairman shall be . calendar year' dunng(2) {a) tion m one it ek winter vaca H' h Court as Is one we be notified by the ig . . vacation period as may I earned leave admlsslble 'ti to the usua vacation period, in add1 on shall give intimation to the . The Chairman to him under the rules. . ch he would avail vacation. h period dunng wru · · g list Government of t e Hi h Court conta1rnn . f the calendar by the g . tion(b) After publication o . I shall also notify its vaca . the Tnbuna of holidays and vacation, riod in the Gazette."] C rt of the Tribunal shallpe office and the ou
35. Working hours - The . holidays, for the transaction of Pt on authonsed 30 P m with a remain open daily, exce 10 30 a m. and 5. . . between the hours . h waver, be business before them, The timings may, o 0 m and 2.00 p.m. recess between 1.3 p. . d when necessary. the Chairman, as an T ibunal while suitably changed by The Chairman of the r 2[?36.Dressfor the Members. . bl k coat band and gown. h. dress with ac ' d d shall wear w rte . ck coat and ban . sitting on boar hite dress with bla b shall wear w ti ·1 The Judicial Mem er be dress with coat and e. b shall wear so r the case The Technical Mem er . A legal practitioner or as . h parties- · h s '["37. Dress for t e f e the Tnbunal ,n ' hall appear be or ting officer s may be a presen . such dress then - . and if there is no professional dress, if any, ted 511)2013. ed in M.P. Gazette da . «.2013 , Subs Vidc notificauon pu:\:?,cdIn M P. Gazctue dated . .2 1 7 1999. • Subs Vidc noulicauon pu C d notification publishedon .. I d Form "' c 5" A nnexure anJ Added rcgulauons 16 to - ' 9 table of contents and whether the stamps have been properly punched.
(b) If the Record-Keeper detects any irregularity in any record or suspects any doubt regarding the genuineness of any document, he shall immediately report the matter to the Registrar.
(c) The destruction of record as prescnbed under these Regulations in Annexure-1, shall be carried out from time to · time as may be necessary and subject to the general superintendence of the Registrar/Dy. Registrar or any other officer as may be directed by the Chairman. (S) (a) The destruction of all papers shall ordinarily be effected by burning in the presence of the Record-Keeper acting under the supervision of Registrar/Dy. Registrar or any other supervising officer as may be directed by the Chairman.
(b) A note of every paper of record taken out for destruction shall be made by the Record-Keeper at the time of removal in the appropriate record room register and shall be verified by such officer as authorised under the above regulations mmated by the Record-Keeper. If in any case the destruction is not effected, the Record-Keeper shall cancel the note under his initial.
40. Movement Register - Movement Register shall be maintained by the Record-Keeper and the Reader of each Bench for the purpose of sending and receiving back of the records and documents etc.
41. Procedure for grant of certified copies - (1) Application for copies may be presented in person or by an agent or pleader to the copyist.
(2) A copy of judicial record pertaining to the Tribunal be granted to any person, legally entitled to receive rt. A stranger to the case may be granted on payment of the copying fee, a copy of reference pennon, reply, affidavit, documents produced by the parties, apphcataons filed by parties and Award or Orders passed by 8
(i) if a male, in a closed collared coat and trousers lounge suit; ' (1i) if a female, in a sari or any other customary dress of acolour
38. Proof of documents - All documents filed by the parties sbe proved in accordance with the principles laid down m the Evidence1872 (No. 1 of 1872).
39. "Custody, Preservations and destruction of Records - (1The reference pet1t1on shall be treated as complete on the date of fraward of the Bench or in the event of revrsion to the High Court; ondate of final order of the High Court, as the case may be. After tpronounce?entof the award by the Tribunal the records of referencepet1t1ons and papers should be forwarded together with Form "C" to therecord room up to the 10th of each succeeding month or any other datef rxed by the Chairman." ·
(2) (a) The Reader shall prepare and arrange the record of eachreference case, as directed in Annexure I. Papers will be numbered and entered in the rndex under the appropriate part.
(b) \Nhen the records with the prescribed Form "C" arereceived in record section. Record-Keepershall verify thatthe records correspond with those entered in Form "C" thattheir classification and arrangement have b • een properlyearned out and that the contents of each file correspond withthe table of contents.
(3) All records shall be retained in the memorandum from the dateof completion till the expiry of the period prescribed under theseRegulatrons in Annexure-1. On expiry of such period they shall bedestroyed·
Provided that the Bench concerned or the Registrar may forreasons to be recorded in wrrting, order that any particular paper orthe record be preserved beyond such period.
(4) (a) :heRecord-Keepershall also ascertain whether the papersrn the records, bear the court fee stamps as shown in the 11
(7) The Copyist shall enter on the back of each copying application the details about registration number, advance received, number of sheets prepared, amount of copying fee affixed on the copies delivered, amount of advance refunded, if any, amount of further advance, if any, and date of delivery of copying application and all other details as are necessary.
(8) All copies supplied shall be certified to be true copies by the Registrar or the officer so authorised by the Registrar 1n that behalf.
(9) On the last sheet of each copy prepared, there shall be typed or otherwise legibly endorsed the following table:- a. Apphcation received on b. Applicant told to appear on c. Applicant appeared on d. Application (with or without further or correct particulars) sent to Record Room on e. Application received from Record-Room (with record or without record for further or correct particulars)on f. Applicant given notice for further or correct particulars on g Applicant given notice for further funds on h Notice in column (f) or (g) complied with on i. Copy ready on j. Copy delivered or sent on k. Court fees realized. (1 O) At the beginning of each copy there shall be given a brief description of the documents to be copied e.g reference petition, reply, affidavit, document produced by the parties, · adjournment application or other applications filed by parties, exhibits, Award or orders passed by the Tribunal etc. The description must give the name of Bench to which the case belongs, the names of the parties, number of the case, the claim and the date of decision or order or next date of the case, as the case may be. 10 the Tribunal ·f h ' , e shows to the satisfactio Registrar that he has suffi . n of the Beneh ic,ent reason for obta. .
(3) Every applicaUon for rn,ng such a c f I supply of a copy sh II o lowing part,culars, namely:- a contain
(a) Number of the application/reference case
(b) Name of the parties ' I
(c) Whether the case is pe d .n rng or disposed of
(d) The name of the document of which ,
(e) The name and full add a.copy ts requrrect, ress of the appltcant
(f) In the case of a copy f , o an order wheth ' general use. ' er ror Pnvate
(4) A separate application . - rs necessary to from wh"ch r each reference , a copy is sought but co ie - - . documents from , p s of any number one record can be k application. as ed for by sing
(5) (a) If a party requires d Ie rvery of copy mo would in th re expeditiously th e normal course of business adcrtron to the application f occur, he may, i application praying fo or copy presented, file a separat r urgent delivery of th . ground on which ch . e copy, stating the ( su prayer is made b) The application for early d r . forwarded to the R . t e rvery will be immediately eg,s rar or any othe ffi him who shall dead it f . r o teer authorised by e r orthw1th and m consideration the f ay, after taking into acts alleged In the. a . . . delivery and th pphcation for early e states of business ,n the . allow the applicatio Th copyrng section, n. e fee for co · as contained in th py1ng shall be the same e Schedule to the Mad Madhyastham Adh"k . hya Pradesh I aran Niyam, 1984 If . early delivery is re· t · the appltcation for . 1ec ed the copy will be . ordrnary way and th prepared m the e usual copying f h
(6) Copying applicar ee s all be charged. ion and copying f accepted on all work· ee shall ordinary be rng days only between 10 30 p.rn. · a.m. to 3 12
42. Preparation and delivery of Coples - (1) Urgent copy sdelivered lo lhe applicanl wilhin three days and ordinary copy with;,,days.
(2) On receipt of the application, the concerned petition ordocumen1 shall be leken out from lhe record room or the conceBench, as Iha case may be, and lhe copying fee payable wou/dascertained and the applicant shall be directed to deposit advcopying fee. If ,t is not practicable rn any case, the copyist shall a seelhe copying fee sufficienl lo cover the eslimaled cost of lhe copying.(3) Copies shall be delivered as far as possible in the order in Whthe applications become effective except urgent applications. (?)Every copying applicalion shall be enlered in lhe copy;apphcalion regisler as prescribed and lhe coovrsr shall issue lhe receipladvance in the duplicate receipt book as prescribed.
(5) After the copying fee is deposited, the applicant shallinformed of lhe dale on which he should presen1 for colleclinglhe copy.On lhal dale, copy shall be supplied or else, fresh intima11on aboul lhinext dale on which he should come for collecting Iha copy, shall be givento him.
(6) If the applicant does not claim the copy ready for delivery on thedale menlioned above or within one month !hereafter, lhe copy soprepared may be depos,led in Iha Record Room. If lhe apphcan1 appearsVlllhin 3 monlhs, !he copying app/icalion may be res1ored withm Iha wnttenpermission of the Registrar, if the Registrar is so satisfied with the reasonsmentroned for delay.
(7) If lhe app/icanl does not appear wilhin lhree months lhe copyingfee deposiled shall be fotfeiled lo lhe Government and lhe applicalion forcopying and prepared copies shall be filed
(8) (a) Photocopies of M.Bs., agreements and other bulky recordsmay be supplied to the parties after obtainrng the·permission of the Bench at the cost of the parties.(b) If any party wants the certification of the photocopies sosupphed, the copyist shall compare and will issue the 13 certified copy on payment of copying fee as prescribed for an ordinary copy.
(9) (a} The certified copy may be delivered to the applicant or to his agent or to his pleader
(b) On the request of the applicant the certified copy may be sent by post also, if .the applicant furnishes the duly stamped and duly addressed envelope with the copying application or at any time thereafter.
(10) If the applicant does not furnish further funds, or ?orrect particulars, as the case may be, as required by the copyist, the copyist may send the notice of 15 days, at the cost of applicant to the applicant or to his agent or to rus pleader, regarding furnishing of further funds or correct particulars, as the case may be. If the applicant does not furnish the funds or the correct particulars, as the case may be, within 15 days, the application may be filed and the amount deposited by the applicant, if any, shall be forfeited within the approval of the Registrar
43. Copying registers and accounts- (1) The Copyist shall maintain the following registers and they shall be preserved Jar the period specified below, the penod being counted from the date of the last serial entry therein. 15
(2) that the value of the label or labels on any document does not correspond with their value as noted by the receiving reader of the concerned Bench of the Tribunal.
(c) to report to the Register every case in which he finds :- ( 1 ) that the stamp has not been cancelled in the manner prescribed above, or
(b) cancel each label by a circular stamp bearing the word "cancelled", in case the label has not been cancelled by the Reader.
(2) It shall be the duty of the recoro keeper of the Tribunal to -
(a) examine every document which comes into his custody m order to ascertain firstly whether all stamps and labels have been cancelled as required by the above regulation and secondly, whether the value of label or labels, if any, which rt bears correspond with their value as noted by the receiving reader of concerned Bench, and
(c) note on the right hand top corner of the document, in red ink, the value of the label or labels, which it bears, and initial such note (b} cancel each label by rectangular stamp-bearing the wort( "cancelled"
(4) It shall be the duty of the Section Officer empowered to inspect the work of Record Room to satisfy himself by inspection of the record lodged in the record room that the regulations are being complied with.
(5) An inspection book shall be kept in the Record Room in the form as may be prescribed and a note will be made therein of all inspections made under above. regulations and the inspection book shall be placed before the Officer-in-charge.
(3) It shall be the duty of the Registrar to submit such a case for the orders of Chairman 3 years 6 months ll-34 No of Forms with the No. ?f Schedule on which it is borne
(1) Name of the register punch out the figure head of heac label I . designated untouched , eav,ng the amount advances unexpended 11-70 Oak book D?sposedof applications
(3) 1 Register of application 0-65
(2) 6
7.
(2) (a) The amount received f hrorn t e applicant acco apphcation shall b mpan1ed by e entered by the co . applications f pyist in the Register or copies and in the de . Daily t t I tailed account bo a s of columns 3 to 7 of t shall be carried to th he detailed account b e appropnate columns of Account Book.(b) The copyist shall furnish cash . execute security of Rs.500/- and sh personal security bond same amount as fixed b th . with two sureties for t y e Chairman of the T nbunal Securitygiven in cash shall be d . . . epos1ted in th pSaving Bank in ace d . e ost Office or ance With the I deposits issued by th p ru es regarding security e ostal Depart t . money thus deposited shall . men . The interest on be pard to the depositor.
44. Cancellation of Court F I . - ee abets _ (1) 0a pet,t1on/apphcationor th n the presentation of o er documents b . labels, it shall be the duty f th eanng a court-fee label or I b o e Reader after r . a el or labels are genuin sa isfy,ng himself that the h e and have not been . t e documents are fully st previously used and that amped to- '
(a) 14 16 17
(2) The Registrar may, with the approval of the Chairman or of the V1ce-Cha1rman designate to the Dy. Registrar/Section Officer any function or power required by these to be performed or exercised by the Registrar.
48. Additional powers and duties of Registrar - In addition to the powers conferred elsewhere in these regulations, the Registrar shall have the following powers and duties subject to any general or special order of the Chairman or the Vlce-Chairman of the Bench concerned, namely:-
(4) The official seal shall be kept in the custody of the Registrar.
(3) In the absence of the Registrar, the Deputy Registrar/Section Officer may exercise all the powers and perform all the functions of the Registrar.
(5) SubJect to any general or special directions by the Chairman, the seal of the Tribunal shall not be affixed to any order, summons or other process save under the authority in writing of the Registrar or the Deputy Registrar/SectionOfficer.
(2) A legal practitionerdesirous of registering his clerk shall make app!iclllionto the Registrar in Form. On such application being allowed ., Registrar his name shall be entered in the register of clerks. bY the I (J) After registration of the clerk, the Registrar shall direct the issue of an identity card to him which shall be renewed annually and shall be non-transferableand shall be produced by t_heholder upon request by an officer or other employees of the Tribunal authorised in this behalf. The ,ctentity card shall be issued under the signature of the Registrar.
47. Powers and functions of the Registrar - (1) The Registrar shall have the custody of the records of the Tribunal and shall perform such other functions as are assigned to him under these regulations or as may be assigned by the Chairman or the Vice-Chairman by separate order Inspection of the Cop . ying Section Libra Room, Forms and S . ' ry, Stores, R tat1onery Ace shall be done by th S . ' cunts and Office S . e ectron Office rn this behalf t, as may be auth
(b)
(6) The figure heads . . or pieces of t punching shall be de t s amps or labels s royed by burning o . re r ,n some other eff
45. Inspection of S ect1ve taff and s . Inspection of staff of th 8 ect1ona of the Tribu e enches shall b "" every three months and . . e made by the Regist Be inspection note shall b rar nch with a copy to the M e sent to the read ember of the 8 er gettrng it complied by the staff. ench With a letter of req
(2) (a) The inspection shall be m da e regularly ·th months and th . . w1 m every t e inspection note shall Registrar The Re . be placed before 91strar shall send th . to the concerned st ff ' e inspection re a ror due compl1a note shall be returned ft nee. The inspecti a er due co r thereafter to the R . mp ranca within 15 da eg1strar, who sh II . comments before the Ch . a place it with hi arrman for p action. Duly com lied . erusal and necessa P inspection note h for six years. s all be preserved
(c) The Regist .rar may rnspect th th b e work of any e ench or any seer employee of ron of the Trib I shall place his . . una at any time and inspection note befo necessary action. re the Chairman for
4S. Registration of le emplo ed gal Practitioner's Cl Y by a legal practitioner shall a t erks - (1) No clerk permitted to h c as such in th . ave access to the e T rrbunal or be the b records and bt . ench of the T 'b . o am copies of th n unal rn which the I e orders of unless hrs name is entered in the egal practitfoner ordinarily practices of Reg· t register of cJerk . . is rar. Such clerk shall be kn s maintained in the office own as a 'registered clerk'.
(i) to decide all questions arising out of the scrutiny of the petitions/applicationsbefore they are registered;
(b) withdraws from a reference or part of a claim without the permission referred to In sub-regulation (2); 19
(3) Where the petitioner - he shall be liable for such costs as the Tribunal may award and· shall be precluded from instituting any fresh reference in respect of such subject matter or such part of the claim. rt may, on such terms as it thinks fit, grant the petitioner permission to withdraw from such reference or such part of the claim with liberty to institute a fresh reference in respect of the subject matter of such reference or such part of the claim.
(a) abandons any reference or part of claim under sub regulatron (1); or
(b) that there are sufficient grounds for allowing the petitioner to. institute a fresh reference for the subject matter of such reference or part of a claim;
(2) Where the Tribunal is satisfied -
(a) that a reference must fail by reason of some formal defect, or
54. Limitation Law not affected by first reference - In any fresh reference instituted on permission granted under the last preceding rule, the petitioner shall be bound by the law of limitation in the same manner as if the first reference had not been instituted
(d) where the reference appears from the statement in the' petition to be barred by any law.
52. Procedure on rejecting reference - Where a petition is rejectedthe Tribunal shall record an order to that effect with the reasons for such order.
53. Withdrawal and adjusJment of ·references - (1) At any time after the institution of a reference, the petitioner may as against all or any of the respondents abandon his reference or abandon a part of his claim. 18 to require an l ,Y pet t1on/apphcation P t resented to th o be amended fn e 1i accordance with th before the case is fr d f e Act and the rxe or pre hearing; to grant leave to inspect th of Tribunal· e records of the disposed Of ' wh· hre may tend to prejudice embarr of the reference, or , ass or delay the fair tri (ii} (Ill) where it does not discl ose a cause of actionwhether the relief claimed ' rs undervalued on being required by th T . ' and the petitioner, . . e nbunal to co ct within a time to be fr rre the valuation ixed by the Tribunal,fails to do so· where the relief claimed . ' . . is properly valued b is insufficientlysta ' ut the reference mped and the petitioner . to pay requisite court & • • on berng required ,ee w1thrn a ti Tnbunal,fails to do so· me to be fixed by the ' (IV}
(b)
(c)
(a)
(b)
(c) (a} which may be unnecessary, scandalous vexatious, or , frivolous to requisition records from th authority; e custody of any court or
(v) to receive and dis pose of applicatrons b . documents in d. y partres for ret ,sposed of cases.
49. Seal - The T 'bn unal and its Be ch round seal bearing inscri t . n es and Officers shall . . P ion 1n Hindi/English'M . in sem1c1rcle about thre ,.
1 .P. Arbitration Tri . e ions below which w ' H1nd1 and below that 'Bhopal' h I . ords Sathya Meva Jayat s a I be inscribed.
50. Striking out pfeadlnga - The Trrbu proceedings order to b nal may at any stage of e struck out pleadings - or amended any matter in which 1s othe · rwrse an abuse of the 51 R . process of the Tribunal . . . e1ectfon of petition - The e . . . followingcases:- P tition shall be rejected in the 20
55. compromise of reference - Where it is proved sat1sfact1on of the Tribunal that a reference has been adjusted Whal part by any lawful agreement or compromise (in writing and signed parties) or where the respondent satisfies the petitioner in respect whole or any part of the subject matter of the reference, the Tribunal order such agreement, compromise or satisfaction to be recorded shall pass a decree in accordance with law. ANNEXURE-1 [See Regulation No.39(2) and (3)J A record of petition shall consist of five files marked respectively File-A, File A-1, File C-1, File C-2 and F1le-D. File A shall contain the following papers which shall be arranged the following order: TABLE OF CONTENTS {1) Reference petition (2} Rejoinder
(3) Orders
(4) Award
(5) Summons, notice or order with return thereto on t basis of which an ex-parte award is passed.
(6) Copy of order passed on revision or any other order High Court/Supreme Court. File 'A' shall be destroyed after 30 years but if revision/appeal is pending till its disposal. File A-1 shall contain the followingpapers which shall be arranged in the following order. TABLE OF CONTENTS
(2) Order sheet (3} Written statement
(4) Counter claim
(5) Issues or disputed points. File A-1 shall be destroyed at the end of 30 years but if revision/appeal pending till its disposal.
21 . rs which shall be arranged h II contain the following pape file C-1 s a f newing order. ·,n the o TENTSTABLE OF CON d documents.
(1) c-i (8-1) Petitioner's prove , d documents
(2) C-1 (B-2) Respondents prove
(3) C-1 (A) Evidence. d of 30 years but if C-1 shall be destroyed at the en File · · d·sposalrevision/appeal is pendingtill its , . . a rs which shall be arranged 2 hall contain the following p pe FHe C- s in the fallowing order. TABLE OF CONTENTS (1 ) All applications.
(2) Vakalatnama, Advocate Power.
(3) Power of Attorney. .
(4) Registered addresses of both part1esel. 0 l C f Govt Advocat . . .
(5) Appointmentorder o .
(6) Advocate fee Certificate. Ad ocate address with telephone No.
(7) v end of one year. File C-2 shall be destroyed at the . hich shall be arranged in File D shall contain the following papers w the following order. TABLE OF CONTENTS
(1) All summons.
(2) All acknowledgement of summons.
(3) List of documents of parties. . . d ments of parties.
(4) tnadrr11ss1ble ocu • d t the end of six months. 1 File D shall be destroye a 23 G Ill ? ? ?M ?M . - ConcrclC in Cu M - : SidcDrnLnin RM rHard shoulders in Cu M Am oLhcr uems I FinanciaJ i1 A J A11 actually done 2 A, per DPR Fonn-A (S? ?2lJlation i()-BJ Detalls of Quantum of road work 22 Name or road from vlllage to village asper D.P.R
1. No. & Date of work order.
2. Length of road as shown In DPR. KM and that actually constru on site KM
3. No. or structures as per DPR no. ot structures as actually constsite nos. <4. Pnvate land/Forest land Involved In road construction, If any, In ha anctaoqulsltlon/pennlsslon to proceed with work In PvtJforest land, give d5. Any orders about stoppage of such work? Give details due to ocreated by villagers/orders of authority/court .6. Date of appointment of consultant agency .
7. Particulars and cost of material at site, plant, equipment, Ir conn tennrnation of work & date of Issue of completion certificate by E.E.relevant clause for incomplete work .
8. Date or approval or variation by employer rn case or excess of pelimits - Rates for variation Items as approved. Give details .9. Particulars or order or Imposition of L.D . 1 o. Particulars of supervision charges hable to be recovered contractor in case of completion or balance work by third agency .....1 1. Date of approval of structures, give detalls structure-wise & wise ..
12. Change In qua mes, If any, give details for various quarries .
13. Date or handing over of DPR to contractor. Any variation In alignmentin DPR and as actually constructed, give details road-wise .1 • Delay In handing over of drawing for various structures/change In de · structures. Give details road-wise and give details of delay, if any, for chin design In number of days .. Phy icaJ Quantity
15. Summary or items of works Involved for road work Hard rock: cxcavanon Flexihlc Pa,·emcn1 D1simcgnuedrock E/W Side Drains construcuon 111 M. Hard shoulders construcuon in CuM GSB G 11 (51(4) linaoClll (111I kh) Ai. ixr Of'R A fin111ly <.:onstnKttd
(4) (5)
(3) --------------- -- Al per f)l'R All ...:1ual1) done
(2) (l) 25 fORM-UA (St« rt:ituli411on10-H)
(2) [}.,ll' u( 11pl'ro,,tlor Fuuntl.tlioo by Will f. ;111d I.lei•)' 111 IIJIJlfUVIII,tf •n)' ,,?c d ·11il Smpp,l e of 14'ort .iuc IO llchab1h1ion & reunk:menl I s? ••.• , ...••••.•. Requ1rcmct1I of land fo, .a,llrock dumping/cons1ruc1ion rn:11COo1Ietc. rn • • • • • • • • • • . • • • I h .• 11nd l1nd arcu 11Ctua1lyn\lldc 1v.1l11ble mc:nt 1{11'1c.lnt? • • . . . • 011:.: of rural 111nJ 11111 rc1/E11v1n:int11CllUIIclc.lJ"&llCC L,y M.O.E.F. 1nJ deb)• in days. 11 All)' •••• , • U.11c of 111,po1nt11·nr of consulwil agcnc? ,I Jny ••. U,ml Rod,
(1) 11cm or Woe Ir.
11. Clulll!C or quarries. 1f 1ny. 1111e detail& Ali per ong1nal 1arumen1 and ;u brought iu:t?II).
12. R.e:ison, and 11111C I°" ,n idhnc 01 utllh.lllNI of n,cn/m11ellrne.s due to ?·IIIJ hkefy LA .. fou!lda11on 111'{>ru?a1.coun Uf\locr. 1ny other n:.win, ''"" uc1u1I •
13. umumry or lu?ms or worlls ln,·ohcd In llulldln? Lo be co1 rlltled:
8. 1/. 10 i. I. No. IJld d.ate of ? order •••••••.• 2 Tn1,1I l..c:n1,tthof the O.m u iJ,t,wn tn il111111in1.• ••• mu.. and 1h111e1?II) cnn.1ruc1.:d on .. ic ••• • M (C.on...-n:te I. EarthCS.n, l"c dr1n1I ?,l0r1tcly)
3. l'i j\llllC l1nd ,n?oi.cJ IL) Danvc:inal 101.ik.e ,,rucrurc COllitfUCIIOI\, II 1ny. II ••••••. H:a.JlAnil etWJlly ?cqu1ml on d.tte or II/Of? order anJ ?uh ?uc11lly,ewe di;11il, 4 Fon:i.1 laud ln?llh,ed tn Dam con,11?11011, ,r any In .IIL d111.eor permission JrtllltJ by COlllf)CICnlauUIN"iry for IIIOf'l in f,orest ll'N. 5 Any ortkn about 1101'1'3ge of such wcxt Give deUiJI• due tu ob6ctrucuoru ,::mned b) v1lh11tcn, orucn of 1uth01il)'/CO\lr1., • • . , ,, , • , • • , , N;unc of Lhe U:im u per D!'R/fwinical unc11on ••••••.. D 1alls or Quantum or Dam 'l!'ork : (I) 1?1crnDIW.ircr supply \\O? E,1c:Jn.1l111.11cr 111pp1yv.Of\ WRM fOOI!• Al'U J)cvelo11nicnt ,\ny orhrr lt.-111 or ,,urk. - (-4) A per OPR ......... FOR 1.9 ( ee rqulollon rn.o) per nrR A.1 Aclually
(2) done
(3) Aa PbY!icalOu1nrlry ...... d.uc., \\ork Ortlcr No. 3 OJ•c ul · appo1n1mc:.n1 ol consul 14111 &aency, 11 any D.i,e uf i,?uc uf DPR .. Lu the flClllion er •10111w11h a Ocl;iy1 1 •Pl m . , f pprovcd d111v.ingJ1. , •. '"" o 11c.sl1n:ind <tr. • • · • , *'Ing, of vanow con, urnm,1ry ur fl? of po,,en?, 11 1111Y,Jive dctJ1I • ?or-t,, lrnnhtd In B lld' s or dc:11)1111 I u '"I to be L'f1n lructNI Lem .,r w.,r :
6. 7, 8 9 24 De1111 r 0o u•11lu111 nf Build I111 "Or'Jt : I. N,111e of the lluild11,g ?orlt ;is per UPIUI h
2. T. cc nical s?n.:11on 0111 Are:, tu be C011i?c1ed on wn ll'Ul.lcJ '" B ii s11t.. • • • • , • Sq f.l u cJ1n11 .C, Pm,Jre l111J 1n11ohod 111 Bu1ld111ac:oru, 5 rucuon ,r any o Any n,,Jer, •lir1t11 ' '" •• • •••• , lfa. I l.'.Olhpl!ICOIIU1hor1ty/cou11 torpaac or !UCh v..orj( G1?c:de • • ' •• • • ' • tu1I, d.ac lo oh1lr11t:1i .,on, uUflllJ CJIN•-Ull\)ftff i;-?Cil\utlun (I) Hiird Ruck Soft Ru.;Jc Soil/Mu1um <.uncn,ti, l'CC kC.:C ?tc-el In ?I.T. for RCC F or Doorslwmdov.s Bric], M11?n11ry I 'IC'nt.il Plasrcrmg r-1emo1I Pli\1eJ1n1: Rwfiri •11<.·cwt:al ..? t:i.:111111 \ llrific:1.1Hoonng& 0 s. ado s R..aJl1n11 ln1crn.i1 Hioct Iin lt'.lll!Or\J fatcmal El • a.'tl1li.:•1io, A, pe, \)PR As hnally Constnictcd
(4) (S) I er ,?,on/lime lu?, m eomplc11011.g11,I! Jc1111h .••• . . . Phys.1c::1IQuanlll) 1n K M" • • • • • • • . • .s per IWHffechn,cal S.nctioo. "' per Ol'R AA IGIUIII)' dnne
(2) (3) unmu:iry of ltt1ns of works ln\oh·td In cunal 10 be con.?tructed : Date or ppoinl11l!CllLor consultt111I 1gcnc:y. 1( any-wOfkOrder No & dll? .•..•••••.•••• D:11c-w1se hsue or appro.,.11to d1fferen1 "ruc-1u-ru, give de1.i1I, L'l1.1n c In qu mes, 1f 1n)', cive dcr11lc . Tot.ii Length of 1he C,n.11 net .. cw\ 1\ hnwn in OPR/EJ11m:i•cffcndc:r.• • • • • M and 1h11 11cru:illy co11sll ltltcd on site •.•••••• km Pt1v.:i? l:111d involved in ?al conmucrion, ,r eny in ••.••.. Ha. rcm!\I !:ind Inv, 'vcd in canal corucrucuon, 11 ny 1n .•• , •• ,111 /;.ny orders 1bo..11 topp11c of such "''Ol'l.., Give t.k:111111Jue 10 ob IJ'\Jtliui ? rn:alL-J by ... m.?.:nJuruer or 1u1hnn1y/coun Ch n:e 1n c:u,al ahrpmlltnt earned ou1 dunng cons11UCtion from K.M ...•..•.• to K. M. . •..• , • from plDCc. 10 • • • placr Rcqu1rcmen1 or l:i.nd fo, 101Vrock dumping/con tnicuon material ere, in ••••.•••.•••.•• H11 Date or forc1,t/En\11run1111:nui1clearam."e • • . . . • • .. Cement l.inm? RCC. {I) Conacte J:mbankmenl FJW, Soil/Mourn Su,L/Ml)lum Sofl Rud, l::.tcM\llllun Ila J R(ld, hem of Worl. FOMM-UU (See rrauloclo11 10.B) 27
9.
10.
11.
12.
13.
7.
2. I, [>.&LCor "'orJ. Ofdc1 • • • • • ) .. s. 0t1alls or Quon1um of Cano! work : (4(3) 26
(2) C.C L1n111ii teel ht \I. T. l'Ot Lites In '-1 T, 'l'\11111,1 .?011 Rock Ha,tf Rod Soll Roe rec RC:C u11achof Tunnel Un,Jc, i.:roun<J i:?,1?11iv11 E111lianlo.mrt1Iror Earch f>am (I) 113rd Hock S 1IIM rum flllen llru1:z.ini.l 1111:Jtnw Consal"l>Ctlortol roclc-toc C.mJ.ll\lc1Inn of cu 1• urr.11cuch ?lone p11ch111a Coa1c?cr Laningt1fT,mncl Unlllne a11d Gruurlni: Rubbl or 'tone lieddlu11 l>rill111g Crouuna 1broi1;hmuonry D1unlf'nuodaunnof D.lm Any 0Ch1:r llrm Stttl Rcari11a,s ,\ny ulhtr lu-m??o?r?w?o?r\c?--------------------------- rec RCC 29 tb I Tyl)Q ur l·u11J1mon Ltnglh uf r,1ma won.; Ltngth ol Sp..,ns No or ,pans Concrete l•OI' Apf"Olod'IC M onnn/11 :,ntso,l s l!n1bankrnt'11l S01U \orum Hurd Roe Suft Roe\. Yother ru..on . . d : [)cli) ,n wo k due II> an I d In Brldgl./AquNluct to bt c;:()Mtrulll.: •
10. r "'ork.t ID\0 Vt' u11111t1Q' or ltc.ms o Fi11:1nc:1.,?k._h_l_? .. U. PhysicalQu:antll)' As r ? "' fin:illy Ol'R Al uctuall'.I' pc Con uucred ?1c1n ol \IJ()I As. per dooc (:'i)<'> \4)(2) ()) ....... 28
(2) 1-0l<M UC (Stt ?ula1lo11 10-8) 1bu1J Lcna1h of the flridi;cJAquc,.l11c1MS aho"'n in nrRrrc1.hniC11I""'".:'""' • 11Ctu.llfycoruuoctcd on site .m Prh111c 1.,x1 l11vol\cd In Bnd&t.lAqucducrconsuu.:rion, if any m ..•••. llo.Fores, l;,wi involved 1n lhil co1111.r?1ron,1f any In , •...•. H1. Any orders about sioppaie of such wo,I Cave detn1ls due to obslnleouns ?led by ?,1I)( cc,mpctcm 1u1hoory/cow, Ua1e (If rorcst/l:nv1ronmeni.11clear.mer, ,r any • F,1r Gate, ro.>r kCC (IJ reet lrurturu Tunnd l?nJ1h of l 11nncl Under &roond evcav uon Li111111of Tunnel 11y ulhrr ILl!m nr nork ORB I. l J. 6 Detail? of (Juantum or llrld,elAqlleduct '*Ork : 7 D11c of 1ppoin111icmof coniulta111 1gCJ1e)',1( a.ny-Work Onk, No. & d?tc .••....•. , , • •8. n?,e ,,r 1pptt1"'' of Fountl. inn hy OSIJC E..IS.E a.nd ?l1y in day fo. 1pt11ov1t, ,r any ,9 U1.1c of 1ppro111f of drawings b)' compt'tcnr uthonry 1ancJ 11•?c dclln 1n 11..tysfor such if Ill)' , • • • , , , , Name of IN' flnd;c/Aqnc<luctwort u pc, DPR1Tc..hn1CJ1IMH1Cl111n •.•••.•.• 31 Signature of the legal practitioner .. . (legal practitioner} certify that the ..................... ······ ······ ... I.. - . - . - .. - - .
4. Whether the clerk sought to be registered is already registered as a clerk of any other legal practitioner and if so, the name of such practitioner.
3. Whether the legal practitioner has a clerk already registered as his employee and whether the clerk sought to be registered rs in lieu of or in addition to the clerk already registered Signature of the clerk. ... . . . ... ... .. . . ... ... ... .. .. {i) Full name (in capital)
(ii) Father's name
(iii) Age and Date of Birth
(iv) Place of Birth
(v) Nationality
(vi)Educational Qualifications
(vii) Particulars of previous employment, if any. I............ . (Clerk above named) do hereby affirm that the particulars relating to me given above are true . particulars given above are true to the best of my information and belief and that I am not aware of any fact which would render unsuitable the registration of the said . . ... (name} as a clerk. Further, I enclose a postal order for two rupees fifty paise being the cost of identity card along with two passport size Photographs of the applicant duly attested by me. Date FORM 'D' [See Regulation No.46 (2)] APPLICATION FOR THE REGISTRA TlON OF A CLERK
1. Name of the Legal Practitioner on whose behalf the clerk rs to be registered.
2. Particulars of the clerk to be registered - JO FORM "C" list of r f (See Regulation39) e erence (Suits) di sposed of; h during the n t e Bench. month of . . . . 200 ... . . . . Reco,u Number room Number and year year anci S.No. of Date of of Record descr1pti0tt Olspasal Dispcsaf reference Name Details of room of eacti case In of files record or Tribunal's parties constituting number file and year register of each record of record ellmfnateci references received With date of elimination and
(1) signature
(2) of Record
(3) (?) Keeper.
(5) (6) (7)