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Union of India - Section

Section 11 in The Armed Forces Tribunal (Procedure) Rules, 2008

11. Service of notices and processes issued by the Tribunal. —(1) Notices to be issued by the Tribunal may be served to the party by any of the following modes:—(i) service by the party itself;

(ii)by hand delivery (dasti) through a process server;(iii)by registered post or a courier agency ‘with acknowledgment due' or(iv)through the concerned Head of office of the same Department:Provided that if the Tribunal does not specify the mode of service, notice may be sent by registered post “with acknowledgment due” and the provision of Order V of First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply to such mode of service.
(2)Where notice issued by the Tribunal is served by the party himself by ‘hand delivery' (dasti), he shall file with the Registry of the Tribunal, the acknowledgment, together with an affidavit of service.
(3)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 that 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 proper. The Tribunal may also, in its discretion, having regard to the nature of the case, direct the service of the notice on the Standing Counsel, authorised to accept the service, for all the three services Headquarters, Army, Navy and Air Force and the Ministry of Defence.
(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 the following fee for the service or execution of processes, in respect of an application where the number of respondents exceeds five:—(i) a sum of rupees fifty for each respondent in excess of five respondents; or
(ii)where the service is in such a manner as the Tribunal may direct under sub-rule (3), such sum, not exceeding the actual charges incurred in effecting the service, as may be determined by the Tribunal.
(6)The fee for the service or execution of processes under sub-rule (3), shall be remitted in the manner prescribed in rule 4 within one week of the date of the order determining 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 other respondents on whom notice of the application has been served.
(8)The office of the Department or Ministry receiving notices or documents from the Tribunal shall mention name and designation along with office stamp, date and time of receipt on the acknowledgment slip before the same are returned to the Tribunal. ___________
(1)Vide S.R.O. 26(E), dated 17th September, 2008, published in the Gazette of India, Extra., Pt. II, Sec. IV, dated 17th September, 2008.