Kerala Administrative Tribunal (Procedure) Rules, 2010
(1) These rules may be called the Kerala Administrative Tribunal (Procedure) Rules, 2010.
(2) They shall come into force on the date of their publication in the official Gazette.
In these rules, unless the context otherwise requires--
(a) "Act" means the Administrative Tribunals Act, 1985 (13 of 1985);
(b) "agent" means a person duly authorised by a party to present an application, reply or rejoinder on its behalf before the Tribunal;
(c) "applicant" means a person making an application to the Tribunal under Section 19;
(d) "application" means an application made to the Tribunal under Section 19 1[or an application filed through the Electronic Portal of the Tribunal];
2[(da) "authorised officer" means the Registrar, Deputy Registrar, Filing Scrutiny Officer and such other officer of the Tribunal as may be authorised by the Chairman;
(db) "data" shall have the same meaning as assigned to it in the Information Technology Act, 2000 (21 of 2000);
(dc) "digital signature" shall have the same meaning as assigned to it in the Information Technology Act, 2000 (21 of 2000);
(dd) "digitisati
(1) The language of the Tribunal shall be English:
Provided that the parties to a proceeding before the Tribunal may file documents drawn up in Malayalam, if they so desire:
Provided further that a Bench may in its discretion permit the use of Malayalam in the proceedings. However, the final order shall be in English.
(1) Subject to the provisions of Rule 9, an application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorised Legal Practitioner to the Registrar or any other officer authorised by the Registrar to receive the same or be sent by registered post with acknowledgment due addressed to the Registrar.
1[Provided that in the case of electronic filing of the application, the same shall be filed in the form as provided in the Electronic Portal.]
(2) The application under sub-rule (1) shall be presented in triplicate sets in a paper-book form along with one empty file size envelope bearing full address of the respondent:
Provided that where the number of respondents is more than one, as many extra copies of the application in paper-book form as number of respondents together with required number of empty file size envelopes bearing the full address of each respondent shall be furnished by the applicant.
(1) The Tribunal may set up an Electronic Portal for filing of applications and documents.
(2) The applications and petitions to the Tribunal shall be presented in the prescribed digital format to the Registrar or authorized officer through such Electronic Portal:
Provided that in the transition period of digitization or if for any reason the access to the Electronic Portal is not available, the applicant or respondent can file the applications or petitions in paper book form as per section 19 of the Act and in such cases, the applicant shall also submit a soft copy of the same and then the registry shall scan and upload the application and documents to the Electronic Portal.
(3) Once the Electronic Portal of the Tribunal is established, the legal practitioners appearing before the Tribunal and their clerks shall register themselves in the Electronic Portal.
(4) For accessing the Electronic Portal, all users shall register themselves in the Electronic Por
All persons directly affected shall be made parties to the application. Where such persons are numerous, one or more of them may with the permission of the Tribunal, on application made for the purpose, be impleaded on behalf of or for the benefit of all persons so affected; but notice of the original application shall, on admission, be given to all such persons either by personal service or by public advertisement as the Tribunal in each case may direct:
Provided that in cases where the State Government is a party, the Secretary to the Government Department concerned shall be arrayed as party representing the Government:
Provided further that if the subject matter of the application relates to two or more Government Departments or, if the application is of such a nature, the disposal of which warrants information from two or more Government Departments, the Chief Secretary to Government and the Secretaries to those Government Departments shall be made as party represe
(1) The Registrar or the officer authorised by him under sub-rule (1) of Rule 4 shall endorse on every application the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement.
(2) If, on scrutiny, the application is found to be in order, it shall be duly registered and given a serial number.
(3) If the application, on scrutiny, is found to be defective and the defect noticed is formal in nature, the Registrar may allow the party to rectify the same in his presence, and if the said defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit.
1[Provided that the time allowed by the Registrar to rectify the defects shall not exceed thirty days.]
(4) If the applicant fails to rectify the defect within the time allowed under sub-rule (3), the Registrar may, by order and for reasons to be recorded in writing, decline to register the
Every application filed with the Registrar shall be accompanied by a fee of rupees fifty which shall be paid in the form of court-fee stamps affixed on the application or remitted in the form of crossed demand draft on a nationalised bank in favour of the Registrar, payable at the main branch of the Bank at the station where the Tribunal is situated or remitted through a crossed Indian Postal order drawn in favour of the Registrar payable at the Post Office of the station where the Tribunal is situate:
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 rupees fifty:
Provided further that when the Tribunal is satisfied that an applicant is unable to pay the fee on ground of indigence, it may exempt such an applicant from the payment of fee.
In the case of electronic filing of the application, the fee shall be remitted electronically. The Electronic Portal shall have the facilities for online payment of application fee and other charges:
Provided that where such facilities are not available for any reason, the applicant has to upload the scanned copy of the court fee stamp towards application fee and 'Vakalatnama' affixed with requisite stamps:
Provided further that the applicant has to produce the 'Vakalatnama' and the stamp for application fee in original in the Registry before the finalization of scrutiny of the application.]
(1) Every application filed under Rule 4 shall set forth concisely under distinct heads, the grounds for such application and such grounds shall be numbered consecutively and typed on a thick paper of good quality in double space on one side.
1[Provided that in case of electronic filing of application, the grounds for filing application shall be entered directly in the column provided in the Electronic Portal.]
(2) It shall not be necessary to present a separate application to seek an interim order or direction pending final disposal if such prayer has been made in the application.
(3) An applicant may, subsequent to the filing of an application under Section 19, apply for an interim order or direction and such an application shall, as far as possible, be in Form III.
(1) Every application shall be accompanied by a paper-book containing,--
(i) an attested true copy of the order against which the application has been filed;
(ii) copies of the documents relied upon by the applicant and referred to in the application;
(iii) an index of the documents.
(2) The documents referred to in sub-rule (1) may be attested by a legal practitioner or by a Gazetted Officer and each document shall be marked serially as Annexure A-1, A-2, A-3 and so on.
(3) Where an application is filed by an agent, documents authorising him to act as such agent shall also be appended to the application:
Provided that where an application is filed by a legal practitioner, it shall be accompanied by a duly executed ' Vakalatnama'.
1[Provided further that in the case of electronic filing of the application, the documents to be filed along with the application or petition shall be filed by the parties through t
An application shall be based upon a single cause of action and may seek one or more reliefs provided they are consequential to one another.
(1) Any notice or process issued by the Tribunal may be served as directed or by any of the following modes namely:--
(i) by hand delivery through the applicant or through a process server; or
(ii) by registered post with acknowledgment due; or
(iii) through the head of the Department concerned, by any one of the above modes.
(2) Where notice issued by the Tribunal is served by the applicant himself by 'hand delivery', he shall file with the Registrar 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 place 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 convenient.
(4) Notwithstanding anything done under sub-rul
(1) Each respondent intending to contest the application shall file in triplicate the reply to the application and the documents relied upon in paper-book form with the Registrar within one month of the service of notice of the application on him.
1[Provided that in case of electronic filing, the replies and statements to be filed by the respondents and the accompanying documents, if any, to be filed with such replies shall be filed through the Electronic Portal and in such cases, a message regarding the filing of such reply shall be given to the applicant and other respondents by the Registry and thereafter the applicant and the other respondents can access the reply from the Electronic Portal.]
(2) In the reply filed under sub-rule (1), the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and may also state such additional facts as may be found necessary for the just decision of the case and such rep
In case of electronic filing, the rejoinder to be filed by the applicant and the accompanying documents, if any, to be filed with such rejoinder, shall be filed through the Electronic Portal and in such cases, a message regarding the filing of such rejoinder shall be given to the respondents by the Registry and thereafter the respondents can access the rejoinder from the Electronic Portal.]
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.
The Tribunal shall ordinarily hold its sittings at Thiruvananthapuram:
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 Thiruvananthapuram, the Chairman may direct to hold the sittings at any such appropriate place.
(1) The Tribunal shall draw up a calendar for the hearing of transferred applications and as far as possible hear and decide the cases according to the calendar.
(2) Every application shall be heard and decided, as far as possible, within six months of the date of its presentation.
(3) For the purposes of sub-rules (1) and (2), the Tribunal shall have the power to declare an adjournment and to limit the time for oral arguments.
(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 on 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 that where the case was disposed of on merits the decision shall not be reopened except by way of review.
(1) Whereon 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 or hear and decide the application ex parte.
(2) Where an application has been heard ex parte against a respondent or respondents, such respondent or respondents, may apply to the Tribunal to set it aside the order within thirty days there from 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 when the application was called for hearing the Tribunal may make an order setting aside the ex parte hearing as against such respondent or respondents upon such terms as it thinks fit, and shall appoint a day for proceeding with the application:
Provided that where the ex parte hearing of the application
The Tribunal may, on such terms including the costs as it deems fit, and at any stage of the proceedings adjourn the hearing of the application.
(1) Every order of the Tribunal shall be in writing and shall be signed and dated by the Members constituting the Bench which pronounced the order.
1[Provided that when the orders are prepared in digital format, the same shall be signed by such Members by using digital signature.]
(2) The order shall be pronounced in the open Court.
2[(3) The final orders and interim orders passed by the Tribunal in all cases shall be published in the Electronic Portal in public domain.]
Such orders of the Tribunal as are deemed fit for publication in any authoritative report or the press may be released for such publication on such terms and conditions as the Tribunal may specify by general or special order.
(1) Every order including interim order and the final order shall be communicated to the applicant and to the respondent either in person or by registered post free of cost.
1[Provided that when the orders of the Tribunal are to be issued in digital format, the same shall be electronically communicated to the parties by the authorised officer after affixing his digital signature and that the orders electronically signed and communicated as above shall be considered as the authentic copy of the order and shall be sufficient for taking further steps thereon before the Tribunal and other authorities and also that any recipient or authority can verify the authenticity of the order by clicking on the electronic link provided in the order.]
(2) If the applicant or the respondent to any proceeding requires a copy of any document or proceeding, the same shall be supplied to him on such terms and conditions and on payment of such fee as may be fixed by the Chairman b
No application for review shall be entertained unless it is filed within thirty days from the date of the order of which the review is sought.
(1) In the case of death of a party during the pendency of the proceeding before the Tribunal, the legal representatives of the deceased party may apply within thirty days of the date of such death for being brought on record as necessary parties.
(2) Where no application is received from the legal representatives within the period specified in sub-rule (1), the proceeding against the deceased party shall abate:
Provided that on good and sufficient reasons, the Tribunal, on an application, may set aside the order of abatement and substitute the legal representatives.
No fee shall be charged for inspecting the records of a pending application by a party thereto.
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.
(1) A legal practitioner desirous of registering his clerk shall make an application to the Registrar in Form IV and on such application being allowed by the Registrar, the name of his clerk shall be entered in the register of clerks.
(2) No clerk employed by a legal practitioner shall act as such in the Tribunal or be permitted to have access to the records and obtain copies of the orders of the Bench of the Tribunal in which the legal practitioner ordinarily practices unless he is registered clerk having his name entered in the registers of clerks maintained by the Tribunal.
(3) A legal practitioner shall have at a time not more than two registered clerks unless the Registrar by general or special order otherwise permits.
(4) A register of all the registered clerks shall be maintained in the office of the Registrar and after registration of the clerk, the Registrar shall direct the issue of an identity card to him, which shall be non-transferable and shall be
Except on Sundays and other public holidays, the office of the Tribunal shall, subject to any order made by the Chairman remain open from 10.15 am to 5.15 pm but no work, unless it is of an urgent nature, shall be admitted after 3.30 pm on any working day.
The sitting hours of the Tribunal (including a vacation Bench) shall ordinarily be from 11 am to 1.00 pm and 2.00 pm to 4.00 pm, subject to any order made by the Chairman.
(1) The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as may be assigned to him under these rules or by the Chairman.
(2) The Registrar may, with the approval of the Chairman, authorise the Deputy Registrar or any other person to carry out any of his functions.
(3) In the absence of the Registrar, the Deputy Registrar or the person so authorised under sub-rule (2) may perform or exercise all or any of the functions and powers of the Registrar.
(4) The Registrar shall keep in his custody the official seal of the Tribunal.
(5) The Registrar shall, subject to any general or special direction by the Chairman, affix the official seal of the Tribunal on any order, notice or other process.
(6) The Registrar shall have the power to authorise in writing the affixing of the seal of the Tribunal on a certified copy of any order of the Tribunal.
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:--
(i) to receive all applications and other documents including transferred applications;
(ii) to decide all questions arising out of the scrutiny of the applications before they are registered;
(iii) to require any application presented to the Tribunal to be amended in accordance with the Act and the rules;
(iv) subject to the directions of the Tribunal to fix dates of hearing of the applications or other proceedings and issue notices thereof;
(v) to direct any formal amendment of records;
(vi) to order grant of copies of documents to parties to the proceedings;
(vii) to grant leave to inspect the records of the Tribunal;
(viii) to dispose of all matters relating to the service of notices or other processes, applications for the issue of fresh no
The official seal and emblem of the Tribunal shall be such as the State Government may specify.
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.
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
(i) if a male, in a closed collared coat or in an open collared coat with white shirt, trousers and a tie or in a lounge suit;
(ii) If a female, in a saree or in any other dress in where or any other light colour.
The hearing of the cases may, at the discretion of the Tribunal, be held by making use of electronic facilities such as video conferencing. The Chairman may notify the procedure to be followed in this regard.]
IN THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM FORM I Title of the Case: | ||
INDEX | ||
SI. No. | Description of documents relied upon | Page No. |
1. | Application
| |
Signature of the Applicant | ||
FORM II RECEIPT SLIP Receipt of the application filed in the Kerala Administrative Tribunal, Thiruvananthapuram (......................... Bench) by Shri/Kum/Smt .......................... working as............................... in the Department/Office of residing at. .......................... is hereby acknowledged. | ||
| Date:................. Seal:................. | For Registrar, | |
IN THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM FORM III Misc. Application No.................................of...................................................... in Original/Transferred Application No...................................................of 20............... XXX.................................................................................(Applicant/Petitioner) Versus YYY..............................................................................(Respondent/Applicant) Brief facts leading to the application. | |||||||
VERIFI S.4
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