State of Odisha - Act
The Orissa State Transport Appellate Tribunal Rules, 1993
ODISHA
India
India
The Orissa State Transport Appellate Tribunal Rules, 1993
Rule THE-ORISSA-STATE-TRANSPORT-APPELLATE-TRIBUNAL-RULES-1993 of 1993
- Published on 31 January 1991
- Commenced on 31 January 1991
- [This is the version of this document from 31 January 1991.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
3. Headquarters.
4. Office hours.
- The Tribunal shall hold its sittings during the same hours as in the case of other offices of the State Government.Chapter-III Appeal and revision application5. Appeal.
6. Revision.
7. Appeal or revision filed by a pleader.
8. Registration of appeals and revision applications.
9. Procedure after admission of appeal or revision.
- If an appeal or revision application has been admitted, the Tribunal shall fix a date of hearing and notice of the date fixed for hearing shall be issued to the parties concerned by registered post with acknowledgement due in Form No. IV. A copy of the memorandum of appeal of revision application shall be furnished to the respondents or opposite parties, as the case may be.Chapter-IV10. Hearing, adjournment and final order.
- On the date fixed for hearing or any other date to which the hearing may be adjourned the applicant shall ordinarily be heard first in support of his appeal or application and the respondent or his pleader or agent and the State Representative shall if necessary be heard next after which the appellant or applicant shall be entitled to reply.11. Additional evidence.
12. Summons to persons for additional evidence.
13. Adjournment.
14. Procedure in case of death of an appellant or an applicant.
15. Determination of legal representative.
16. Order.
17. Return of documents.
- The documents shall be returned to the parties concerned immediately after the order is passed on receipt of an undertaking from them that they shall produce the documents whenever the Tribunal calls for the same.Chapter-V Miscellaneous18. Inspection of records and copies.
19. Service of notices.
20. Maintenance and preservation of Records and Register.
21. Classification of records.
- The records of the Tribunal shall be divided into three classes-22. Arrangements of records in the Court or the Tribunal.
| File A | 6 years |
| File B | 3 years |
| Files C and C. I. | 1 year |
23. Preservation of records.
- The records shall be preserved for one year only in the following cases, namely :24. Preparation of the records in the Court or the Tribunal.
25. The order-sheet.
26. Arrangement of the case records.
27. Maintenance of registers.
- The Tribunal shall maintain the following registers for Court's work apart from the other registers required for administrative purposes, namely :28. Preservation of registers.
- The registers maintained in the Tribunal shall be ordinarily preserved for the periods noted against each item as mentioned below :29. Dismissal of appeal and re-admission of appeal dismissed for default.
30. Furnishing of return.
- The Tribunal shall furnish a quarterly return in Form No. XVI to the State Government before expiry of the first fortnight of the following month.31. Duties of the Secretary.
32. Tribunal's seal and date.
33. Local inspection and inspection of the vehicles and other properties.
34. Production of motor vehicle for inspection.
- The Tribunal may, if it thinks fit, require the motor vehicle involved in the appeal or revision to be produced by the owner for inspection at a particular time and place to be mentioned by it, necessary in consultation with the concerned owner.35.
In interlocutory matters and in any other proceedings, the Tribunal shall examine the witness, make a brief memorandum of the substance of the evidence of each witness and such memorandum shall be signed by the Presiding Officer after it is read over and explained by the Bench Clerk and admitted to be correct by the concerned witness and it shall form a part of the record :Provided that the evidence of any medical witness or any other expert witness shall be taken down as nearly as may be word for word.36. Maintenance of diary.
- The Tribunal shall maintain a brief diary of the proceedings of the appeals or revisions before it.37. Steno's duties.
38. Application of Limitation Act.
- The provisions of Sections 5 and 12 of the Limitation Act, 1963 shall, so far as may be, apply to appeals before the Tribunal.39. Stay order.
- Subject to such conditions as to partial compliance or the adoption of temporary measures as the Tribunal may in each case thinks fit to impose, it may suspend the order appealed against pending the decisions of the appeal or revision.40. Consignment of records.
- The Tribunal may in its discretion consign the disposed of records of appeals and revisions to the record room of the Board of Revenue, Orissa, Cuttack.41. Maintenance of accounts.
- Proper accounts pertaining to the office of the Tribunal shall be maintained by the Secretary with the help of one or more clerks, according to the financial rules of the Government under the instructions of the financial adviser attached to the Transport Department.42. Miscellaneous cases.
43. Interpretation.
- If any question arises relating to the interpretation of these rules, it shall be referred to the Government in the Transport Department for decision.44. Repeal and saving.
- The Orissa State Transport Appellate Tribunal Rules, 1974 are hereby repealed :Provided that any order issued, appointment made, action taken and things done under any of the provisions of the rules so repealed shall be deemed to have been issued, made, taken and done under the provisions of these rules.Form No. I[See Rule 8 (1)]Daily list of appeals/revision applicationsDay of.............. 20.........Before...............| Class and number in the register of revisions/appeals | Name of the first appellant/ applicant | Name of the first respondents/ opposite party | First date fixed for the appeals/ revisions | Purpose (summons or notice, defect etc. for whichthe date has been fixed |
| (1) | (2) | (3) | (4) | (5) |
| Seal : | By order |
| Date : | Secretary |
| Copy to the State Representative |
| Sl. No. | Date of appeal/ revision | Name and residence of the appellant/ petitioner | Name and residence of the respondent/ oppositeparty | Authority which passed the order under appeal/revision |
| (1) | (2) | (3) | (4) | (5) |
| Number and year of proceeding | Date of order | Particulars of order | Date of decision of appeal/ revision | Order on appeal/ revision |
| (6) | (7) | (8) | (9) | (10) |
| Actual number of days intervening betweeninstitution and disposal | Date on which record sent to the High Court | Date on which the record received from the HighCourt | Date of delivery of record room |
| (11) | (12) | (13) | (14) |
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2.
3.
4.
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To(The above named parties)Please take notice that the above appeal/revision filed by the above named appellant/applicant against the orders of............. passed in proceedings.......... dated........... stands posted for hearing on......... at 10. A.M. at the office of the State Transport Appellate Tribunal, Orissa, Cuttack.You may appeal on the above date and on other dates to which the hearing may be adjourned thereon in person or by pleader or by an authorised agent to represent your case, failing which the appeal/revision application will be disposed of in our absence.Given under my hand and the seal of the State Transport Appellate Tribunal.| Seal : | By order |
| Date : | Secretary |
1. Name and address of the applicant in full...
2. Description of document or order, copy of which is required...
3. Reference No. of the file of the Transport Appellate Tribunal in which the document of order is available...
4. Purpose for which copy is required...
Date.........Signature of the applicantForm No. VII[See Rule 18 (2)]Form of application for inspection of documentsToThe Secretary,State Transport Appellate Tribunal, Orissa(25 paise Court-fee stamp shall be affixed)1. Name and address of the applicant in full...
2. Description of the documents sought to be inspected...
3. Reference No. of the record in which it is available...
4. Purpose for which the inspection is required...
Date...........Signature of the applicantForm No. VIII[See Rule 20 (1)]Register of miscellaneous petitions| Sl. No. | Number of the miscellaneous petitions and No. ofappeal or revision application | Date of application | Date of disposal | Result | Actual number of days intervening betweeninstitution and disposal |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Sl. No. | Name of application | Date of application | Nature of document of which copy is applied forand number of year and case in which filed | Date of notifying requisite number of folios andstamps | Date of putting requisite folio and stamps ordeficit in respect thereof | Date on which document to be copied was receivedin copying Deptt. | Amount of Court-fee filed |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Number of folios and the amount of Court-fee used | Date on which copy is ready for delivery | Date on which document copies were returned toproper office | Date on which delivery was taken or unused foliosand stamps returned | Name of the typist or copyist | Date of delivery of copy | Signature of party | Signature of Secretary | Remarks |
| (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) | (17) |
| Date of Representation | No. of application | No. of case and designation of authority whoserecord is sought to be inspected | Name of application | Description of paper | When document inspected | Amount of fee deposited | Signature of party | Signature of Secretary |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| Sl. No. | Date of application, reference of proceeding | Act and section of act under which preferred for,started | Name of the parties | Particulars of the case | Name of the objector, if any | Order passed and date | Remarks (The particulars, if any order passed onappeal or revision shall be entered in this column) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Sl. No. | Nature of the document | Number of the case, if any, in which filed | Date | Process fees | Affidavit fees | Other fees | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Number of appeal in register of appeals | ... | 1 | |
| Serial number of appeal in this register | ... | 2 | |
| Transferred to other Courts | ... | 3 | |
| Dismissed for default, or otherwise not prosecuted | ... | 4 | |
| Aggregate number of days occupied in trial | ... | 5 | |
| Decision confirmed under Order XLI, Rule 11 of Code of CivilProcedure | ... | 6 | |
| Confirmed | HeardEx parte | ... | 7 |
| Modified | ... | 8 | |
| Reserved | ... | 9 | |
| Remanded | ... | 10 | |
| Confirmed | Contested | ... | 11 |
| Modified | ... | 12 | |
| Reserved | ... | 13 | |
| Remanded | ... | 14 | |
| Aggregate number of days occupied in trial of appeals enteredin Columns 6 to 14 | ... | 15 | |
| Objection under Order XLI, Rule 22 of Code of Civil Procedure | ... | 16 | |
| Remarks | ... | 17 |
| Sl. No. | O.J.C. No. | Date of intimation from High Court or SupremeCourt | Date of requisition for record from the HighCourt or Supreme Court | Motor vehicle appeal or revision against which itis filed |
| (1) | (2) | (3) | (4) | (5) |
| Name of the writ petitioner | Date of compliance | Date of intimation of results | Date of communication of the order of the HighCourt or Supreme Court to the State Transport Authority orRegional Transport Authority | Remarks |
| (6) | (7) | (8) | (9) | (10) |
| Serial No. | Name and nature of document (permanent ortemporary) | Due date of destruction | Name of Clerk submitting destruction report | Date of order of the Tribunal approvingdestruction | Actual date of destruction | Remarks (Reasons to mistake, if document is heldover beyond the date of destruction) |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Serial No. | Castes by types | No. of cases pending at the beginning of thequarter | No. of cases filed during the quarter | Total No. of cases awaiting disposal | Number of cases disposed of during the quarter |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1. Motor Vehiclesappeal cases2. Motor vehicles revision cases3. Othercases. |