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State of Odisha - Section

Section 23 in Orissa Administrative Tribunal (Contempt of Courts) Rules, 1998

23. Application to pending proceedings.

- These rules shall as far as practicable apply to pending proceedings.Form No. I[See Rule 13 (b) (i)]Notice to RespondentIn the Orissa Administrative TribunalName of the Bench..................................Place.............Contempt Petition Civil/Criminal No............................Petitioner...........................................................................................VersusRespondent...................................................(here mention the name and address of the person to whom notice is being sent)Whereas information is laid/a petition is filed/motion is made by........that you (here mention the gist of the accusation made in the information/petition/motion..........................);And whereas, a petition has been registered for action being taken against you under the Contempt of Courts Act. 1971;You are hereby required to appear in person or through a duly authorised [Advocate] [Strike off whichever is not applicable] on .............day of.............at..............and on subsequent dates to which the proceedings are adjourned, unless otherwise ordered by the Tribunal and show-cause why such action as is deemed fit under the Contempt of Courts Act, 1971 should not be taken against you.Given under may hand and the seal of this Tribunal, this.........................day of..............19............RegistrarOrissa Administrative TribunalSealForm No. II[See Rule 9 (i)]Warrant of ArrestIn the Orissa Administrative TribunalName of the Bench...........................Place.............................Contempt Petition Civil/Criminal No............................Petitioner....................................VersusRespondent....................................To(Name, designation and address of the Officer (s) authorised to execute the Warrant)Whereas Shri/Smt...........................................of is charged with committing contempt of the Tribunal, you are hereby directed to arrest the said and to produce him/her before this Tribunal.Herein fail not(If the Tribunal has issued a bailable warrant, the following endorsement shall be made on the warrant).If the said.........................................shall give bail in the sum of Rs with one surety in the sum of Rs................(or two sureties each in the sum of Rs) to attend before this Tribunal on the.......................day.........................of.......................20.and to continue so to attend until otherwise directed by this Tribunal, he may be released.Given under my hand and the seal of the Tribunal, this...................day of.............20.........................RegistrarOrissa Administrative TribunalSealForm No. III[See Rule 13 (b) (i)]ChargeIn the Orissa Administrative TribunalName of the Bench.............................Place..................Contempt Petition Civil/Criminal No ......................................Petitioner..........................................VersusRespondent.....................................................Orissa Administrative Tribunal.....................Bench hereby charges you.........................(Name of the alleged contemner) as under.That you, on or about ....................day of ............................................at...................(here give the gist of' the material .......................................allegedly constituting contempt) and thereby committed the contempt of this Tribunal punishable under Section .....................(here give the relevant section of the Contempt of Courts Act, 1971), within our cognizance.You are hereby directed to be tried by this Tribunal for the aforesaid charge.Signature(s) of theHon'ble Member(s)The charge was read over and explained to the alleged contemner and his plea was recorded as under.
(1)Do you plead guilty to the charge ?Answer............................
(2)Do you have anything else to say ?Answer..........................................
Signature of thealleged Contemner Signature (s) of the Hon'ble Member (s)presidingover the Bench
Form No. IV[See Rule 17(i)]Warrant of Commitment to PrisonIn the Orissa Administrative TribunalName of the Bench..................................Place................Contempt Petition Civil/Criminal No...............................Petitioner.............................................VersusRespondent.............................................ToThe Superintendent(Name of the Jail)..............................................Place...........................................................Whereas the Orissa Administrative Tribunal....................................Bench has on this ...day of...................................adjudged ............. (name/description of the contemner) guilty Of wilful contempt of the Tribunal and sentenced to undergo simple imprisonment for............................... (here specify the term) and/or to pay a fine of Rs...............and in default of payment of fine to undergo simple imprisonment for............................. (specify the period)This is to authorise and require you, the Superintendent of the.........................Jail, to receive the said (name of the contemner) into your custody, together with his warrant and keep him safety in the said jail for the said period or for such period as may hereinafter be fixed by the order of this Tribunal and intimated to you. You are directed to return this warrant with an endorsement certifying the manner of its execution.You are further directed that while the said........................is in your custody, produce the said...........................before this Tribunal at all times when the Tribunal so directs.Given under my hand and seal of the Tribunal, this......................day of........................................RegistrarOrissa Administrative TribunalSealForm No. V[See Rule 17 (ii) and (iii)]Warrant for Attachment of MovablesIn The Orissa Administrative TribunalName of the Bench...............................Place..........Contempt Petition Civil/Criminal No..........................Petitioner..................................................VersusRespondent.................................................To(Name and designation of the Police Officer or other Officer authorised to execute the Warrant).Whereas the Orissa Administrative Tribunal on (this day) has adjudged (name and description of the contemner) guilty of wilful contempt of Tribunal and sentenced to pay a fine of Rs........................ and whereas the said......................................(name) although required to pay the said fine has not paid the same or any part thereof.This is to authorized and require you to attach any movable property belonging, to the said......................(name) which may be found within the district of..................and if within...........(State the number of days or hours allowed) next after such attachment, the said sum shall not be paid to sell the immovable property attached or so much thereof, as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying that you have done under it, immediately upon its execution.Given under my hand and the seal of the Tribunal, this................... day of...................19.................RegistrarOrissa Administrative TribunalSealForm No. VI[See Rule 17 (ii) end (iii)]Warrant Of Attachment By District Collector/deputy CommissionerIn The Orissa Administrative TribunalName of the Bench...................................... Place...........Contempt Petition Civil/Criminal No......................................Petitioner......................................................VersusRespondent......................................................ToThe District Collector/Deputy Commissioner..........................................District.Whereas the Orissa Administrative Tribunal on (this day) has adjudged (name and description of the contemner) guilty of wilful contempt of Tribunal and sentenced to pay a fine of Rs........................and whereas the said......................................(name) although required to pay the said fine has not paid the said fine/ the sum of being the part thereof.This is to authorise and require you to realise the amount by execution according to civil process against the movable or immovable property or both of the respondent aforesaid in the manner provided by Section 421 of the Code of Criminal Procedure, 1973.This order shall be deemed to be a decree and you the decree-holder within the meaning of the Code of Civil Procedure, 1908 and the order shall be executable as such decree.Given under my hand and the seal of this Court, this....................day of....................19...................SealRegistrarOrissa Administrative Tribunal