Union of India - Act
The Adjudicating Authority (Procedure) Regulations, 2013
UNION OF INDIA
India
India
The Adjudicating Authority (Procedure) Regulations, 2013
Rule THE-ADJUDICATING-AUTHORITY-PROCEDURE-REGULATIONS-2013 of 2013
- Published on 18 March 2013
- Commenced on 18 March 2013
- [This is the version of this document from 18 March 2013.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Definitions.
Chapter II
Applications and Complaints
3. Filing of applications and complaints.
4. Date and signature.
- The complainant or application, as the case may be, shall affix his signature and also state his name in capitals near his signature and initial or sign at the bottom of the each page with date on the last page.5. Attestation.
- The attestation of document annexed to a complaint or application or reply shall be made at the end of the document in the form given below:"This Annexure is the true copy of the original document",6. Receipt of papers.
- Every pleading, original application, miscellaneous application, original complaint and papers shall be received in the office hours on the working days and the officer in charge of the receiving branch shall issue receipt thereof in Form 1.7. Date of stamping of papers and maintenance of Inward Register in the following manner.
- The receiving branch shall immediately, on receipt of an or complaint or application other pleading or papers, affix the date and stamp of the Adjudicating Authority on all pages on the main or first copy and on the first page of each other copy of the application or complaint or other pleading or papers.Chapter III
Presentation, Registration Number and Posting for Orders
8. Duty of official authorised to receive application.
- The Official authorised by the Adjudicating Authority to receive the complaint or application under the Act, shall immediately enter in the receipt register and shall put serial number (receipt number) on the application or complaint, as the case may be.9. Registration and numbering.
10. Cause list.
11. Procedures to be followed by Registrar.
12. Court Master to assist Bench.
- The Court Master, while performing his duties under the Act, shall assist the Bench during hearing of cases and perform such other functions incidental thereto.Chapter IV
Service of Summons and Notices
13. [ Issue of summon and notice. [Substituted by Notification No. G.S.R. 515 (E), dated 24.5.2017 (w.e.f. 18.3.2013)]
| 13. Issue of summons and notices.- (1) Every summon or notice shall be issued in Form 3 or Form 4 or Form 5 or Form 6, as the case may be, signed by the Registrar or Administrative Officer.(2) Every summon and notice shall be served in the same manner as provided in Order V of Schedule I of the Civil Procedure Code, 1908 (5 of 1908), and the provisions of that Order shall apply,mutatis mutandis, to the proceedings before the Adjudicating Authority:Provided that there shall be no requirement of an application as provided under sub-rule (1) of rule 9A of the Order V of Schedule I of the Civil Procedure Code, 1908 (5 of 1908) for the purpose of service of summon or notice, as the case may be:Provided further that there shall be no requirement of an order of the Adjudicating Authority as provided under rule 20 of the Order V of Schedule I of the Civil Procedure Code, 1908 (5 of 1908) for effecting substituted service.(3) Notwithstanding anything in sub-regulation (2), a summon or notice may be communicated through electronic mode as provided in section 13 of the Information Technology Act, 2000 (21 of 2000) and transmission of such communication shall be regarded as valid service. |
14. [ Bringing legal representatives on record. [Substituted by Notification No. G.S.R. 515 (E), dated 24.5.2017 (w.e.f. 18.3.2013)]
- In case defendant or respondent dies during the pendency of proceedings, his legal heirs shall be broughton record by the complainant or applicant by making such heirs as defendant or respondent to theproceedings.]| 14. Steps for fresh summon and notice.- If any summon or notice is returned unserved, the complainant or applicant shall take steps for service of summon or notice, as ordered, failing which, the matter shall be placed before the Bench hearing the case. |
15. Filing of reply to notice.
16. Inspection of records.
17. Fees for inspection of records.
18. Fees for copying.
19. Maintenance of applications for inspection.
- Every application for inspection of records shall be maintained by the officer authorised by the Chairperson of the Adjudicating Authority and he shall obtain therein the signatures of the persons making such inspection.Chapter V
20. Dress for Chairperson, Members of Adjudicating Authority and representatives of parties.
21. Examination of witness and the issue of commissions.
- The provisions of the Code of Civil Procedure, 1908 (5 of 1908) relating to the issuing of commissions for examination of witnesses and documents shall, as far as may be applicable, apply in the matters of summoning and enforcing attendance of any person as witness and issuing a commission for examination of such witness.22. Recording of deposition.
- The deposition of the witness whenever necessary shall be recorded in Form 8. A Certificate of attendance, if requested for, will be issued in Form 9.23. Numbering of witness.
- The witness called by the applicant shall be numbered consecutively as P.Ws and those by the defendant or any other persons not being applicants as D.Ws. and any witness examined at the instance of the complainants shall be numbered consequently as C.Ws, and the witness called by the Adjudicating Authority shall be numbered as A.Ws.24. Witness expenses payable.
- The Adjudicating Authority may, if it considers necessary, direct the concerned party for the payment of expenses to the witness, as the case may be.25. Marking of documents.
- Every document filed by the applicant shall be marked as Ex. A1 and the document filed by the complainant shall be marked as Ex. C1 and the documents filed by the defendants or other person not being applicant shall be marked as Ex. D1 and so on.Chapter VI
Orders
26. Issue of Order.
27. Copy of order to be delivered on date of its pronouncement.
- If the parties or representatives of the parties remain present on the date of pronouncement of the order, a copy of the order, if ready, shall forthwith be delivered to the parties or the representatives of the parties present under their signatures and in that case, it shall not be necessary to send again the copy of the order to the parties present.28. Indexing of case files.
Chapter VII
Grant of Certified Copies
29. Application for certified copy.
30. Endorsement of a copy.
- Every copy shall bear the following particulars, namely:-(i)Number of the application entered in the register;(ii)Name of the applicant;(iii)Day, month and year of the application;(iv)Amount of copying fee paid;(v)Name of the copyist;(vi)Date fixed for issue of copy;(vii)Date on which copy was ready;(viii)Date of notice to applicant;(ix)Date of delivery or posting of the copy.[Annexure 1 [Substituted by Notification No. G.S.R. 515 (E), dated 24.5.2017 (w.e.f. 18.3.2013)]Time and place of dispatch and receipt of electronic record| Serial Number | Application Number | Name of Applicant or Complainant | Name of Defendants | Name of Applicant's or Complainant's Counsel | Name of Defendant's Counsel | Posted for |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
1.
2.
3.
4.
Form 7[see regulation 16(1)]Application for Inspection of RecordsToThe Registrar / Administrative Officer,Adjudicating Authority,New Delhi.Kindly grant permission to inspect the record of the case mentioned below.Particulars of the record for which inspection is sought.| Part | Description of paper | No. of sheets in paper | State of document | Date of weedig | Remarks |
| A | B | A | B | ||
| Sl. No. | Date of Disposal | Number and years of suit or case | Date of institution | Name of Parties | Number of papers on record | Details of additions to record made in the recordroom | Remarks | |
| Part A | Part B | Date | Particulars | Number of Papers | ||||
| Serial No. | Full Particulars of the paper of which a copy issought | No. of copies required | The purpose for which the copy is sought | Remarks |
| 1 | 2 | 3 | 4 | 5 |