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RAILWAY CLAIMS TRIBUNAL PROCEDURE RULES, 1989

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R.1 Short title and commencement

       (1) These rules may be called the Railway Claims Tribunal (Procedure) Rules, 1989.
       (2) They shall come into force on the “appointed day”2 within the meaning of clause (b) of section 2 of the Act.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Came into force on 8th November, 1989, vide S.O. 784(E), dated 5th October, 1989.


R.2 Definitions

       In these rules, unless the context otherwise requires,—
       (a) “Act” means the Railway Claims Tribunal Act, 1987 (54 of 1987);
       (b) “accident” means an accident of the nature 3[described] in section 82A of the Indian Railways Act, 1890 (9 of 1890);
       (c) “applicant” means a person making an application to the Tribunal under section 16 of the Act;
       (d) “Form” means a form appended to these rules;
       (e) “legal practitioner” shall have the meaning assigned to it under clause (i) of section 2 of the Advocates Act, 1961 (25 of 1961);
       (f) “legal representative” means a person who in law represents the estate of deceased;
       (g)

R.3 Territorial jurisdiction of Benches

       2[(1) The number of Benches, the Headquarter of each Bench and the territorial jurisdiction of every such Bench shall be as specified in Schedule I and Schedule I(A).]
       (2) If an application is received by a Bench which does not have territorial jurisdiction to deal with the matter, the Registrar of the Bench shall return the application to the applicant.
       (3) Notwithstanding anything contained in sub-rule (2) the applicant may apply to the Chairman and the Chairman may thereupon for reasons to be recorded in writing direct a Bench other than the Bench before which an application has been filed to hear such application and issue such orders as may be necessary for the transfer of the application.
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       1. Vide G.S.R. 842(E), dated 19th Septemb

R.4 Language of the Claims Tribunal

       (1) The pleadings before the Claims Tribunal may, at the option of the respective parties, be either in English or in Hindi.
       (2) All orders and judgments of the Claims Tribunal may, at the option of the Claims Tribunal, be either in Hindi or in English.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Subs. by G.S.R. 509(E), dated 15th June, 1994 (w.e.f. 15-6-1994).


R.5 Procedure for filing applications

       (1) An application to the Tribunal shall be presented in Form I or Form II or Form III as the case may be either by the applicant in person or by an agent or by his duly authorised legal practitioner 2[in the office of the Registrar or the Additional Registrar, or the Assistant Registrar, as the case may be].
       (2) An application referred to in sub-rule (1) may also be sent by registered post 2[in the office of the Registrar or the Additional Registrar or the Assistant Registrar, as the case may be] of the Bench concerned.
       3[(2A) An application sent by post under sub-rule (2) shall be deemed to have been presented to the Registrar on the day on which it is received in the Tribunal.]
       (3) The application under sub-rule (1) or sub-rule (2) shall be presented in triplicate.
   

R.6 Application fees for cases other than compensation for death or injury to passengers

       (1) Every application made under sub-section (1) of section 16 for seeking relief in respect of matters, other than claim of compensation for death or injuries to passengers, shall be accompanied by a fee as specified in Schedule II.
       (2) The amount of the fee as referred to in sub-rule (1) shall be payable by crossed demand draft on a nationalised bank drawn in favour of the Registrar of the concerned Bench or remitted through a crossed Indian Postal Order and drawn in favour of the Registrar of the concerned Bench.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.7 Documents to accompany the application

       (1) Every application for compensation in respect of loss, destruction, damage, deterioration or non-delivery of animals or goods or in respect of refund of fare or freight shall be accompanied by the following documents, namely:—
       (a) copy of the railway receipt/parcel way bill/luggage ticket;
       (b) original sale invoice ( Bijak ), if any;
       (c) copy of order or letter, if any, of the railway administration deciding the claim of the party;
       (d) copy of the original certificate issued by the railway administration regarding loss, deterioration or damage to the goods, at the time of granting open delivery or assessment delivery;
       2[(e) copy of the notice under section 106 of the Railways Act, 1989 (24 of 198

R.8 Place of filing application for compensation in accident or untoward incident claim

       An application for compensation payable under sections 124 and 124A of the Railways Act, 1989 (24 of 1989) may be filed before the Bench having territorial jurisdiction over the place from which the passenger obtains or purchases his pass or ticket or where the accident or untoward incident occurs or where the place of destination station lies or where the claimant normally resides.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Subs. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.9 Place of filing application for compensation for loss, damage, destruction, deterioration or non-delivery of goods or animals

       An application for compensation referred to in sub-clause (i) of clause (a) of sub-section (1) of section 13 of the Act may be filed before the Bench having territorial jurisdiction over the place where—
       (a) the goods or animals were delivered for carriage; or
       (b) where the destination station lies; or
       (c) the loss, destruction, damage or deterioration of goods or animals occurred.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.10 Place of filing application for refund of fare and freight

       An application in respect of a claim for refund of fare or freight referred to in clause (b) of sub-section (1) of section 13 of the Act may be filed before the Bench having territorial jurisdiction over the place at which such fare or 2[freight was paid of the place] where the destination station lies.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Subs. by G.S.R. 700(E), dated 26th November, 1991 (w.e.f. 26-11-1991).


R.10(a) .

       Every application made under rule 9 or 10 shall be accompanied with a fee of ten rupees for each respondent for the service or execution of process.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.11 Scrutiny of applications

       (1) The Registrar, or the officer authorised by him, shall endorse on every application, the date on which it is presented or received through post under 2[rule 5], and sign the endorsement.
       (2) If, on scrutiny, the application is found to be in order, it shall be registered and given a serial number.
       3[(3) If on scrutiny an application is found defective and defect noticed is formal in nature, the Registrar may allow the applicant to rectify the same in his presence, and if the defect is not formal in nature, the Registrar may allow the applicant to rectify defect in a weeks time, which may be extended in appropriate cases on the written request of the applicant.]
       (4) If the applicant fails to rectify the defect within the time allowed under sub-rule (3), the Registrar may, by order and fo

R.11(a) Maintenance of Cash Register

       (1) All payments received by way of Indian Postal Orders or demand drafts or in cash by the Registrar shall be entered immediately by the Registration Clerk on their receipt side in a cash register maintained in Form VI.
       (2) On every last working day of the week, the payments received during the week by way of Indian Postal Orders or demand drafts shall be transmitted by the Registration Clerk to the official incharge of the cash section, who after scrutiny and verification shall acknowledge the receipt of all moneys in the cash register.
       (3) The payments received in cash shall be transmitted by the Registration Clerk to the official-in-charge of the cash section on each day, who after verification shall acknowledge the receipt of all moneys in the cash register.
       (4) The official incharge o

R.12 Notice to opposite party

       (1) The Tribunal shall issue 2[notice in Form VII] to the respondent to show cause against the application on a date of hearing to be specified therein. Such 2[notice in Form VII] shall be accompanied by a copy of the application.
       (2) If the respondent does not appear on the date specified in the 2[notice in Form VII] or appears and admits claim, the Claims Tribunal shall forthwith proceed to dispose of the application.
       (3) If the respondent contests the claim it may file a reply along with copies of such documents on which it relies on or before the date of hearing and such reply and copies of documents shall form part of the record.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec.

R.13 Service of notices and processes issued by the Tribunal

       (1) Any notice or process to be issued by the Tribunal may be served in any one of the following modes as may be directed by the Bench:—
       (a) by hand delivery through a process-server;
       (b) by registered post with acknowledgement due;
       (c) service by the party himself.
       (2) Where a notice issued by the Tribunal is served by the party himself by “hand delivery”, he shall file with the Registry the acknowledgement, 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

R.14 Filing of affidavit

       (1) The Tribunal may direct the parties to give evidence, if any, by affidavit.
       (2) Notwithstanding anything contained in sub-rule (1), where the Tribunal considers it necessary for just decision of the case, it may orders cross-examination of any deponent.
       2[(3) Every affidavit to be filed before the Tribunal shall be in Form VIII.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.15 Filing of reply and other documents by the respondents

       (1) Each respondent may file his reply to the application and copies of the documents on or before the date of hearing.
       (2) In reply filed under sub-rule (1), the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and state such additional facts as may be found necessary in his reply 2[***].
       3[(3) When the respondent admits the facts stated in the application, the Tribunal may make order in this regard.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. The words “alongwith affidavit” omitted by G.S.R. 438(E), dated 21st April, 1992 (w.e.f. 28-4-199

R.15(a) Filing of rejoinder

       The applicant intending to file rejoinder to the written reply filed by the respondent may do so with the permission of the Tribunal.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.15(b) Admission and denial of documents

       The Tribunal may, before framing issues ascertain from parties or their authorised representatives whether they admit or deny documents accompanying the application or reply, if any, and shall record such admission and denial.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.15(c) Marking of documents

       The documents filed by the applicant shall be marked as ‘A series and the documents filed by the respondent shall be marked as ‘R series and the Tribunal exhibits shall be marked as ‘C series.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.16 Summary dismissal of application

       The Tribunal may, after considering the application summarily, dismiss the application, if for reasons to be recorded, the Tribunal is of opinion that there are not 2[sufficient grounds] for proceeding therewith.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Subs. by G.S.R. 700(E), dated 26th November, 1991 (w.e.f. 26-11-1991).


R.17 Hearing of applications

       The Tribunal shall notify to the parties the date and place of hearing of the application in such manner as the Chairman may, by general or special order, direct.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.17(a) Oath to the witness

       The Court Master or the Commissioner, as the case may be, shall administer the following oath to a witness:—
       “I do swear in the name of God that what I shall state shall be truth and nothing but the truth.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.18 Action on application for applicant's default.--

       (1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear when the application is called for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.
       (2) Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance when the application was called for hearing,the Tribunal shall make an order setting aside the order dismissing the application and restore the same:
       Provided, however, where the case was disposed of on merits the decision shall not be re-opened except by way of review.


R.19 Ex parte hearing and disposal of applications

       (1) Where on the date fixed for hearing the application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing, the Tribunal may, in its discretion adjourn the hearing or hear and decide the application e x parte .
       (2) Where an application has been heard ex parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfy the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing 2[when the application was called for hearing, the Tribunal] may make an order setting aside the ex parte hearing as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the application:

R.20 Procedure and powers of Tribunal

       The Tribunal shall have for the purposes of discharging its functions under this Act, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:—
       (a) summoning and enforcing the attendance of any person and examining him on oath;
       (b) requiring the discovery and production of documents;
       (c) receiving evidence on affidavits;
       (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
       (e) issuing commissions for the examination of witnesses or documents;
 

R.21 Framing and determination of issue

       (1) After considering the reply, the Tribunal shall ascertain upon what material propositions of fact or of law the parties are at variance and shall thereupon proceed to frame and record the issues upon which the right decision of the case appears to it to depend.
       (2) In recording the issues, the Tribunal shall distinguish between those issues which in its opinion concern points of facts and those which concern points of law.
       (3) After framing the issues, the Tribunal shall proceed to record evidence thereon which each party may desire to produce.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.22 Summoning of witnesses and method of recording evidence

       (1) If an application is presented by any party to the proceedings for summoning of witnesses, the Tribunal shall issue summons for the appearance of such witnesses with recording the reasons for doing so, unless it considers that his appearance is not necessary for the just decision of the case.
       (2) The Tribunal shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds and such memorandum shall form part of the record:
       Provided that if the Tribunal is prevented from making such memorandum, it shall record the reasons of its inability to do so and shall cause such memorandum to be made in writing from its dictation and shall sign the same, and such memorandum shall form part of the record.
       3[(3) Where summons are issued by the

R.22(a) Documents not to form part of records

       Unless duly permitted by the Tribunal, the following documents shall not form part of the records of the case—
       (a) written statement filed after the expiry of time granted for the purpose;
       (b) rejoinder filed without leave of the Tribunal or after the expiry of time granted;
       (c) additional pleading filed without leave of the Tribunal or filed after expiry of time granted; and
       (d) documents not tendered into evidence.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 200

R.23 Power to issue commission

       Any Bench of the Tribunal may issue a commission for the examination or interrogatories or otherwise of any person 2[***] who is unable to attend the Tribunal for any justifiable reason.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. The certain words omitted by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.24 Procedure in connected cases

       (1) Where two or more applications pending before a Tribunal arise out of the same facts and any issue involved is common to two or more such applications, such applications may, so far as the evidence bearing on such issue is concerned, be heard simultaneously.
       (2) Where action is taken under sub-rule (1), the evidence bearing on the common issue or issues shall be recorded on the record of one application the Tribunal shall certify under its hand on the records of any such other application, the extent to which evidence so recorded applies to such other case and the fact that the parties to such other case had the opportunity of being present, and, if they were present for cross-examining the witnesses.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of I

R.25 Calendar of transferred cases

       Each Bench shall draw up a calendar for the hearing of transferred cases in such manner as the Chairman may, by general or special order direct and, hear and decide the cases according to the calendar.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.26 Substitution of legal representatives

       (1) In the case of death of a party during the pendency of the proceedings before Tribunal, the legal representatives of the deceased party may apply within ninety days of the date of such death for being brought on record.
       (2) Where no application is received from the legal representatives within the period specified in sub-rule (1), the proceedings shall abate:
       Provided that for good and sufficient reasons shown, the Tribunal may allow substitution of the legal representatives of the deceased.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.27 Assessors

       (1) In an enquiry into a claim, the Tribunal may call in the aid of assessors, not exceeding two in number, who possess any technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal.
       (2) An assessor shall perform such functions as the Tribunal may direct.
       (3) The remuneration, if any, to be paid to an assessor shall in every case be determined by the Tribunal and be paid by it.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.28 Adjournment of hearing

       If the tribunal finds that an application cannot be disposed of at one hearing it shall record the reasons which necessitate the adjournment and also inform the parties present of the date of adjourned hearing:
       2[Provided that no such adjournment shall be granted more than three times to a party during the proceedings before the Tribunal:
       Provided further that all the documents shall be filed by the parties along with pleadings and no adjournment shall be granted for filing documents at a later stage, except in circumstances which are beyond the control of the concerned party.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
   &n

R.29 Costs

       The Claims Tribunal may, in its discretion, pass such orders in respect of costs incidental to any proceedings before it, as it may deem fit.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.30 Decision of the Tribunal

       The Tribunal shall decide every application as expeditiously as possible on perusal of documents, affidavits and other evidence, if any, and after hearing such oral arguments as may be advanced.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.31 Order to be passed and signed

       2[(1) The Tribunal, after hearing the applicant and respondent, shall pass an order either at once, or as soon as thereafter, as may be practicable, but not later than twenty-one days from the date of conclusion of the arguments; and where it is unable so to do, it shall record its reasons for such inability.]
       (2) An order made by the Tribunal shall be executable by the Tribunal as a decree of a Civil Court and the provisions of the Code of Civil Procedure, 1908 (5 of 1908), so far as may be, shall apply as they apply in respect of decree of a Civil Court.
       (3) Every order of the Tribunal shall be in writing and shall be signed by the Member or Members constituting the Bench, which pronounced the order.
       ----------
       1. Vide G.S.R. 842(E), dated 19th

R.31(a) Execution of order

       An order of the Tribunal may be executed by the Bench which pass it if the respondent is within the territorial jurisdiction of the said Bench or by any other Bench or Court to which it is sent for execution, when the respondent is having his office within the territorial jurisdiction of such Bench or Court, as the case may be.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.31(b) Application for execution

       For execution the holder of an order shall make an application to the Tribunal in Form IX.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.31(c) Issue of process of execution

       (1) On receipt of an application under rule 31B, the Tribunal shall issue a process for execution of its order in Form X.
       (2) The Tribunal shall consider objection, if any, raised by the respondent and make such order as it may deem fit and shall issue attachment or recovery warrant in Forms XI and XII, as the case may be.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.32 Review of decision

       (1) Any person considering himself aggrieved by any order of the Tribunal from which no appeal is allowed 2[or from which appeal is allowed, but has not been preferred] and who on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the order made against him, may apply for review of a final order not being an interlocutory order, to the Tribunal.
       3[(2) Where it appears to the Tribunal that there is not sufficient ground for a review, it shall reject the application and its reasons for so doing.]
       (3) Where Tribunal is of the opinion that the application for review should be granted, it shall grant the same:
       Provided that no such application shall be granted without previous notice to the opposite party to enab

R.33 Publication of orders

       Any order of the Tribunal deemed by it to be fit for publication in any authoritative report or other media may be released for such publication on such terms and conditions as the Chairman or Vice-Chairman or Member concerned may specify by general or special order.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.34 Certified copy of the order and inspection of record

       (1) If the applicant or the respondent to any proceeding requires a copy of any order passed by the Tribunal, the same shall be supplied to him on payment of rupees ten per order 3[in the normal course of time within seven working days from the receipt of an application for the said purpose and on payment of rupees twenty on urgent basis within three working days from the receipt of an application for the said purpose.]
       (2) The parties to any case or their counsel may be allowed to inspect the record of the case on making an application in writing to the Registrar and payment of rupees ten per inspection.
       2[(3) Notwithstanding anything contained in sub-rule (1), in compensation cases relating to accident and untoward incidents, one copy of the order made by the Tribunal shall be sent within three working days by the Registrar to both t

R.35 Orders or directions by the Tribunal

       The Tribunal may pass such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.36 Registration of legal practitioner's clerks.--

       (1) No clerk employed by a legal practitioner shall act as such before the Tribunal or be permitted to have access to the records and obtain copies of the orders of a Bench of the Tribunal in which the legal practitioner ordinarily practises, unless his name is entered in the Register of Clerks maintained by the said Bench. Such clerk shall be known as a "Registered Clerk".
       (2) A legal practitioner desirous of registering his clerk shall make an application to the Registrar in Form V. On such application being allowed by the Registrar, his name shall be entered in the Register of clerks.
(3) An identity card shall be issued in Form XIII to a Registered Clerk of the legal practitioner on payment of a fee of rupees fifteen by way of Indian postal order or demand draft drawn in favour of the Registrar."


R.37 Powers, functions and duties of the Registrar

       (1) The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or from time to time by the Chairman or the Vice-Chairman or the Member.
       (2) Without prejudice to the foregoing sub-rule (1), the Registrar shall have the following powers and duties, subject to the general or special order of the Chairman, Vice-Chairman or Member, namely:—
       (i) to receive all applications and other documents including transferred applications under sub-rule (3) of rule 3;
       (ii) to decide all questions arising out of the scrutiny of the applications before they are registered in accordance with rule 11;
       (iii) to require any application presented to the Tribunal to be amended for c

R.38 Working hours of the Tribunal

       Except on Saturdays, Sundays and other public holidays, the office of the tribunal shall, subject to any order made by the Chairman, remain open from 9.30 a.m. to 6.00 p.m.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.39 Sitting hours of the Tribunal

       The sitting hours of the Tribunal shall ordinarily be from 10.30 a.m. to 1.30 p.m. and 2.30 p.m. to 4.30 p.m. subject to any general or special order made by the Chairman or by Vice-Chairman or Member concerned with the prior approval of the Chairman.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.40 Seal and emblem

       The official seal and the emblem of the Tribunal shall be such as the Central Government may specify.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.41 .

       2[41.***]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
2. Rule 41 omitted by G.S.R. 719(E), dated 15th October, 1999 (w.e.f. 26-10-1999).


R.42 Headquarters of the Tribunal

       (1) The Tribunal shall have its Headquarters at Delhi and have four administrative zones with their Headquarters as mentioned in Schedule I and Schedule I(A) to sub-rule (1) of rule 3.
       (2) The presiding officers and administrative head of administrative zones shall exercise such administrative powers as delegated by Chairman and will act under directions, control and supervision of Chairman.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Subs. by G.S.R. 167(E), dated 29th February, 2000 (w.e.f. 29-2-2000).


R.43 Preservation of record

       All necessary documents and records relating to applications dealt with by the Tribunal shall be kept in a record room and shall be preserved for a period of three years after the passing of the final order.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.44 Inherent powers of the Tribunal

       Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the Tribunal to make such orders as may be necessary for the end of justice or to prevent abuse of the process of the Tribunal.
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.


R.45 Monthly progress report of Tribunal

       The Tribunal shall furnish every month to the Central Government in Form XIV, the information with regard to institution, disposal and pendency of claims cases, accident cases and other information relating to the functioning of the Tribunal and its Benches.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.46 Maintenance of order sheets

       The Registrar shall attach to every application an order sheet in duplicate in Form XV. ]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.47 Maintenance of Court Diary

       The Court Master shall maintain a court diary in Form XVI for recording the proceedings of the Tribunal for each working day with respect to all applications listed in the daily cause list.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.48 Preparation and publication of daily cause list

       The Court Master shall on each working day prepare for the next working day, the cause list in Form XVII and fix a copy of the same on the Notice Board of the Tribunal. ]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


R.49 Retention, preservation and destruction of records

       (1) The Record Keeper shall be responsible for the records consigned to the Record Room. He shall scrutinize the records received by him within three days and prepare an index.
       (2) If on scrutiny, any deficiency is found in the records, the Record Keeper shall return the records back to the concerned Branch or Section.
       (3) On the expiry of the period for preservation of the records prescribed under rule 43, the Registrar shall weed out the record.]
       ----------
       1. Vide G.S.R. 842(E), dated 19th September, 1989, published in Gazette of India, Extra., Pt. II, Sec. 3(i), dated 19th September, 1989.
       2. Ins. by G.S.R. 787(E), dated 2nd December, 2002 (w.e.f. 2-12-2002).


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