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State of Assam - Section

Section 14 in The Assam Administrative Tribunal Regulations, 1977

14. Scrutiny.

(1)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 signature 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 Regulation 12 along with the requisite 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 appellant 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 memorandum of appeal presented to him does not comply with any of the said provisions he shall return the same to the appellant with an endorsement specifically pointing out the defect(s) on account of which the memorandum of appeal could not be registered. If the defects are such as can be remedied, the endorsement shall also state that the appeal may be re-filed by the appellant within a period of fifteen days from the date of endorsement after curing the defects pointed out therein.
(3)If the party concerned or his agent or Advocate re-files the appeal within the period stated in sub-regulation (2) after curing all the defects pointed out, the appeal shall be registered as aforesaid.
(4)If the party concerned or his agent or Advocate re-files the appeal after the period stated in sub-regulation (2), or fails to remedy or explain any of the defects pointed out while re-filling the appeal the Register shall place it before the Tribunal for orders.Admission