Union of India - Act
The Himachal Pradesh Administrative Tribunal (Procedure) Rules, 2015
UNION OF INDIA
India
India
The Himachal Pradesh Administrative Tribunal (Procedure) Rules, 2015
Rule THE-HIMACHAL-PRADESH-ADMINISTRATIVE-TRIBUNAL-PROCEDURE-RULES-2015 of 2015
- Published on 26 May 2015
- Commenced on 26 May 2015
- [This is the version of this document from 26 May 2015.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definition.
- In these rules, -3. Language of the Tribunal.
4. Procedure of filing applications.
5. Presentation and scrutiny of application.
6. Place of filling applications.
7. Application fee.
- Every application filed with the Registrar shall be accompanied by a fee of fifty rupees to be remitted in the form of crossed demand draft drawn on a nationalized bank in favor of the Registrar of the concerned Bench and payable at the main Branch or the Bank at the station where the seat of the said Bench is situated or remitted through a crossed Indian Postal Order drawn in favor of the Registrar of the concerned Bench and payable at the Post Office of the station where the Tribunal is situated:Provided that where the Tribunal permits a single application to be filed, either by more than one person or by an association, the fee payable shall be fifty rupees:Provided further that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of indigence, it may exempt such an applicant from the payment of fee.8. Contents of application.
9. Documents to accompany the application.
10. Plural remedies.
- An application shall be based upon a single cause of action and may seek one or more reliefs where they are consequential to one another.11. Service of notice and processes issued by the Tribunal.
12. Filling of reply and other documents by the respondents.
13. Date and place of hearing to be notified.
- The Tribunal shall notify to the parties the date and the place of hearing of the application in such manner as the Chairman may by general or special order direct.14. Sitting of Tribunal.
- The Tribunal shall ordinarily hold its sittings at Shimla:Provided that, if at any time, the Chairman of the Tribunal is satisfied that circumstances exist which render it necessary to have sittings of the Tribunal at any place other than Shimla, he may direct to hold the sittings at any other appropriate place in Himachal Pradesh.15. Calendar of cases.
16. Action on application for application's default.
17. Ex-Parte hearing and disposal of application.
18. Application for review.
19. Substitution of legal representatives.
20. Adjournment of hearing.
- The Tribunal may if sufficient cause is shown at any stage of proceedings, grant time to the parties or any of them and adjourn the hearing of the application and the Tribunal may make such order as it thinks fit with respect to the costs occasioned by the adjournment.21. Order to be signed and dated.
22. Publication of orders.
23. Communication of order to parties.
24. Registration of clerks of legal practitioner.
25. No fee for inspections of records.
- No fee shall be charged for inspecting the records of a pending application by a party thereto.26. Orders and directions in certain cases.
- The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect or in relation to its orders or to prevent abuse of its process or to secure the ends of justice.27. Working hours of the Tribunal.
- Except on Sundays and other public holidays, the office of the Tribunal shall, subject to any order made by the Chairman, remain open from 10.00 a.m. to 5 p.m.28. Sitting hours of the Tribunal.
- The sitting hours of the Tribunal (including a vacation Bench) shall ordinarily be from 10.30 a.m. to 1.30 p.m. and 2.30 p.m. to 5 p.m. subject to any general or special order made by the Chairman.29. Powers and functions of the Registrar.
30. Additional powers and duties of Registrar.
- In addition to the powers conferred, elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special order of the Chairman, namely :-31. Additional powers of the Registrar of the Principal Bench.
- The Registrar of Principal Bench shall have the power to call for information and records and to inspect or cause to be inspected the registry of the other Benches under general or special orders as may be issued by the Chairman from time to time.32. Seal and emblem.
- The official seal and emblem of the Tribunal shall be such as the Central Government may specify.33. Dress of the Members and staff of the Tribunal.
- The dress for the Members of the Tribunal (including Chairman) and members of the staff of the Tribunal shall be such as the Chairman may specify.34. Dress of the parties.
- A legal practitioner or, as the case may be, a presenting officer shall appear before the Tribunal in his professional dress, if any, and if there is no such dress, -| Sl. Nos. | Description of documents relied upon | Page No. |
| 1. | Application | |
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. |
| A.B. (add description such as son of, resident of and place ofemployment or last employed.) | Applicant |
| And | |
| C.D. (add description and the residential or official addresson which the service of notices is to be effected on therespondent or respondents. The details of each respondent are tobe given in a chronological order.) | Respondent |
1. Particulars of the order against which the application is made:
(Particulars of the order giving the details like the number, date and the authority which has passed the order, against which the application is made).2. Jurisdiction of the Tribunal :
The applicant declares that the subject matter of the order against which he wants redressal is within the jurisdiction of the Tribunal.3. Limitation :
The applicant further declares that the application is within the limitation period prescribed in section 21 of the Administrative Tribunals Act, 1985.4. Facts of the case :
(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue or fact).5. Grounds for relief with legal provisions:
6. Details of the remedies exhausted :
The applicant declares that he has availed of all the remedies available to him under the relevant service rules, etc.(Give here chronologically the details of representations made and the outcome to such representations with reference to the number of Annexure to be given in support thereof).7. Matters not previously filed or pending with any other court :
The applicant further declares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this application has been made, before any court or any other authority or any other Bench of the Tribunal nor any such application, writ petition or suit is pending before any of them.In case the applicants had previously filed any such application, writ petition or suit, the stage at which it is pending, and if decided, the list of the decisions should be given with reference to the number of Annexure to be given in support thereof.8. Relief(s) sought :
In view of the facts mentioned in para 6 above the applicant prays for the following relief(s) .-(Specify below the relief(s) sought explaining the grounds for such relief(s) and the legal provisions, if any, relied upon).9. Interim order, if any prayed for :
Pending final decision on the application, the applicant seeks the following interim relief :(Give here the nature of the interim relief prayed for).10. In the event of application being sent registered post, it may be stated whether the applicant desires to have oral hearing at the admission stage and if so, he shall attach a self addressed post card or acknowledgment card, at which intimation regarding the date of hearing could be sent to him.
11. Particulars of Banks Draft/Postal Order filed in respect of the application fee.
12. List of enclosures:
1.
2.
3.
4.
VerificationI ........................... (Name of the applicant) S/o, W/o, D/o ........................., age ....................... working as ......................... in the office of ......................., resident of ........................., do hereby verify that the contents of paras .......................... to .......................... are true to my personal knowledge and paras ......................... to .......................... believed to be true on legal advice and that I have not suppressed any material fact.Date : .........................Place : ...........................Signature of the applicantForm II[Rule 4 (4)]In the Himachal Pradesh Administrative Tribunal----------------------- BenchReceipt SlipReceipt of the application filed in the Central Administrative Tribunal ........................... Bench by Shri/ Kum/ Smt. ........................... in the Ministry/ Department/ Office of ........................... residing at ........................... is hereby acknowledged.For RegistrarDated : Himachal Pradesh Administrative TribunalSeal : ........................... BenchForm III[Rule 8 (3)]In the Himachal Pradesh Administrative Tribunal............................ BenchMisc. Application No. .................................................... of .............................InOriginal/Transferred Application No. ............................ of .............................XXX ....................................................... Applicant/PetitionerVersusYYY ....................................................... Respondent/ApplicantBrief facts leading to the application.Relief or Payer :Verification :I .............................. (Name of the applicant) S/o, W/o, D/o ............................ age ............................ working as .............................. in the office of ............................, resident of ............................, do hereby verify that the contents of para .............................. to ............................. are true on legal advice and that I have not suppressed, any material fact.Date : ............................Signature of the applicantPlace : ............................Signature of the Advocate/ AgentForm IV[Rule 2 (2)]Application for the Registration of a ClerkIn the Himachal Pradesh Administrative Tribunal............................ Bench1. Name of legal practitioner on whose behalf the clerk is to be registered.
2. Particulars of the clerk to be registered
| (i) Full name : | Passport size Photograph to be pasted here. | |||
| (in capital) | ||||
| (ii) Father's name : | ||||
| (iii) Age and date of Birth : | ||||
| (iv) Place of birth : | ||||
| (v) Nationality : | ||||
| (vi) Educational qualification : | ||||
| (vii) Particulars of previous employment, if any : |