CourtMesh

Section 11: Service of notice and processes issued by the Tribunal

Himachal Pradesh Administrative Tribunal (Procedure) Rules, 2015Central Rules · 1985

(1) Notices to be issued by the Tribunal may be served by any of the following modes;

(i) service by the party himself together with an acknowledgement and an affidavit of service;

(ii) by hand delivery through process server;

(iii) by registered post with acknowledgement due;

(iv) through the concerned head of the Department by any one or more of the modes referred to in clauses

(i) to (iii):

Provided that if the Tribunal does not specify the mode of service, notice may be sent by registered post ‘with acknowledgement due’ and the provision of sub-rule (2) of rule 19A of Order V of First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall apply to the mode of service.

(2) 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 the notice of the application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient.

(3) Notwithstanding anything contained in sub-rule (1) , the Tribunal may, having regard to the nature of the case, direct the service of the notice on the Standing Counsel, authorised to accept the service, for any Department or Organisation of the Central Government, or an authority, a corporation, a body owned or controlled by the Central Government.

(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 a fee for the service of execution of processes, in respect of an application where the number of respondents exceeds five, as under:-

(i) a sum of five rupees for each respondent in excess of five respondents; or 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(ii) where the service is in such a manner as the Tribunal may direct under sub-rule (1), such a sum not exceeding the actual charges incurred in effecting clause (i) of the service as may be determined by the Tribunal.

(6) The fee for the service or execution of processes under sub-rule (2) shall be remitted in the manner prescribed in rule 7 within one week of the date of the order determined the fee or within such extended time as the Registrar may permit.

(7) Notwithstanding anything contained in sub-rules (1) to (3), if the Tribunal is satisfied that it is not reasonably practicable to serve notice of application upon all the respondents, it may, for reasons to be recorded in 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 Government is a respondent;

(ii) notice of the application has been served on the authority which passed the order against which the application has been filed; and

(iii) the Tribunal is satisfied that the interests of the respondents on whom notice of the application has not been served are adequately and sufficiently represented by the respondents on whom notice of the application has been served.

Where this provision sits

ActHimachal Pradesh Administrative Tribunal (Procedure) Rules, 2015
Section11
Marginal noteService of notice and processes issued by the Tribunal
JurisdictionCentral
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? Himachal Pradesh Administrative Tribunal (Procedure) Rules, 2015 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.