FORM NO. 21

[See Rule 114]

IN THE KERALA ADMINISTRATIVE TRIBUNAL ................................BENCH

OA/TA/RA/CP/MA/PT No……….…. 20…...............…

…………………………………………………………...........................………………..Applicant(s)

Versus

…………………………………………………………………..........................………..

Respondent(s)

APPLICATION FOR GRANT OF CERTIFIED COPY

1. Name & address of the applicant :

2. Whether the applicant is a party to the case. :
If not whether under Rule 126 is filed

3. Whether the cases is pending or disposed of :

4. Description with date of the documents

S.FORM NO. 23

S.FORM NO. 24

S.Rule 1 Short title

These rules may be called "The Kerala Administrative Tribunal Rules of Practice, 2011".

S.Rule 2 Commencement

These rules shall, on their publication in the Official Gazette, come into force at once.

S.Rule 3 Definitions

In these rules, unless there is anything repugnant to the subject or context--

(i) "Address for service" shall mean the address furnished by a party or his authorized agent, or his Legal Practitioner at which service of summons, notices or other processes may be effected and includes mobile phone No. and E-mail ID.

(ii) "Application" means and includes Original Application ('OA'), Review Application ('RA'), Transferred Application (TA), Miscellaneous Application (MA) Contempt Petition (CP) and Petition for Transfer (PT);

(iii) "Act" shall mean the Administrative Tribunals Act, 1985 [Central Act 13 of 1985].

(iv) "Procedure Rules" shall mean the Kerala Administrative (Procedure) Rules, 2010, as amended from time to time.

(v) "Code" means the Code of Civil Procedure, 1908, as amended from time to time;

(vi) "Full Bench" means a Bench duly constituted consisting of three or more Members;

(vii) "Legal Practitioner" includes a standing co

S.Rule 4 Preparation of pleadings and other papers

(a) All pleadings, affidavits, memoranda and such other papers filed in the Tribunal shall be fairly and legibly typewritten or printed in English on durable white foolscap folio paper of Metric A-4 size [30.5 cm long and 21.5 cm wide] on the one side only in double space with a left margin of 5 cm and right margin of 2.5 cm duly paginated, indexed and stitched together in the paper-book form. The index shall be in Form No. 1.

(b) All main petitions such as OA, RA, TA, PT, CP etc. shall be presented to court covered with white thick wrapping sheets of durable quality paper bearing perfected holes at the middle close to left margin and also tagged together with other papers. ¹[The Applicant/s in OA shall furnish official address if any in the cause title and residential address either in the cause title or in the verification column. In the address column of parties, the correct pincode shall be stated]

(c) Applications shall be presented in triplicate sets i

S.Rule 5 Date and signature

A party required to a affix his signature shall also state his name in capitals near his signature and initial or sign at the bottom of each page.
Explanation.-- The expression 'signature' or 'initial' includes thumb mark.

S.Rule 6 Attestation

(a) The attestation contemplated in Rule 8(2) of the Procedure Rules shall be made at the end of the document in the Form given below:

S.Rule 7 Production of authorization for and on behalf of an Association

Where an application/pleading or other proceeding is purported to be filed is by an Association, the person or persons who sign(s)/verify(ies) the same shall produce along with such application etc., for verification by the Registry, a true copy of the resolution of the Association empowering such person(s) to do so:

Provided the Registrar may at any time call upon the party to produce such further materials as he deems fit for satisfying himself about due authorization.

S.Rule 8 Procedure on production of defaced, torn or damaged documents

When a document produced along with any pleading appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialled by the officer authorized to receive the same.

S.Rule 9 Receipt of papers

(a) All pleadings and papers shall be received in the Registry on the working days only till 3.00 p. m. provided they are presented or sent in the manner provided in Rule 4(1) of the Procedure Rules.

(b) All admission matters received before 1.00 p.m. in which urgent interim orders are sought, shall ordinarily be processed immediately for being listed before the Bench on the next working day and all other matters, wherein urgent motion for posting is made, shall be listed on the day, after the next working day.

S.Rule 10 Date-stamping of papers and maintenance of Inward Register

(a) The Receiving Branch of the Registry shall immediately, on receipt of an application/petition or other pleadings or papers, affix the date-stamp of the Tribunal in the following manner--

(i) Date-stamp shall be affixed on all pages on the main/first copy and on the first page of each other copy.

(ii) Receiving Officer shall affix his initials on the stamp affixed on the first page of the main/first copy and on the first page of all other copies.

(b) Receiving Branch of the Registry shall, on affixing the date-stamp, enter the details thereof in the Inward Register, Register No.1 and assign a Diary Number. The same Diary Number shall be entered immediately below the date-stamp on the first page of the main/first copy and all other copies.

S.Rule 11 Scrutiny of application/petition/other pleadings and papers

(a) (1) The Scrutiny Branch of the Registry shall, subject to clause (2), on receipt of the application/petition/pleadings from the Receiving Branch, scrutinize the same as expeditiously as possible but not beyond two days from the date of receipt:

Provided for any reason, the scrutiny is not completed within the above period, the same shall be immediately reported to the Registrar, who shall take prompt steps to complete the scrutiny.

(2) Matters provided for by Rule 9(b) shall be scrutinised on the same day itself and listed for hearing before the Bench, next working day or the day after next working day, as the case may be.

(b) The report of the scrutiny of the application under Section 19 of the Act shall be in Form No.2 and of Contempt Petition (CP) (Civil/Criminal) in Form No.3 and the scrutiny report shall be annexed to the application/petition.

(c) Report of scrutiny of all other pleadings and papers shall be recorded on the reverse side of the l

S.Rule 12 Maintenance of Order Sheet

The Scrutiny Branch shall attach to every OA/RA/TA/PT/CP an orders sheet in duplicate in Form No. 4. The column "Notes of the Registry" in the order sheet shall be for the notings by the Registry and the column "Orders of the Tribunal" is meant for the use of the Bench.

 Note 1.-- The entries in the order sheet shall be in writing and removal of the order sheet for typing be avoided.

 Note 2.-- Continuous page number should be given to the order sheet.

 Note 3.-- Before any entry is made in the order sheet for the day, the date, month and year shall first be entered and underlined in the middle of the column.

 Note 4.-- Brief order may be written on the order sheet itself and initialled by the Members of the Bench.

 Note 5.-- In the case of lengthy order, only the operative portion of the order need be entered in the column "Orders of the Tribunal" and initialled by the Court Officer. T

S.Rule 13 Classification of papers

(a) The papers received in the Registry in all applications and CPs except Miscellaneous Application, shall be classified and placed in files 'A', 'B' and 'C' as provided in Form No.5.

(b) "A" File shall consist two separate parts. Part-I shall contain the order sheet and orders annexed thereto. Part-II shall contain the application with annexures, reply with annexures and rejoinder with annexures and arranged as far as possible consecutively in the order of the parties.

(c) "B" File shall contain the duplicate copy of the papers as in "A" File.

(d) "C" File shall contain the remaining papers including Vakalathnama, notices and postal acknowledgments, Miscellaneous Applications, Replies and Rejoinders thereto and High Court/Supreme Court orders, etc., if any.

S.Rule 14 Submission of case files to Registrar

On completion of the scrutiny, the Scrutiny Branch shall place the case file duly classified as "A", "B" and "C" along with the report of scrutiny and the order sheet before the Registrar for his orders.

S.Rule 15 Registration and Numbering

(a) The Registrar on examining the application/pleadings and the scrutiny report shall, if they are in order, direct registration/acceptance.

(b) Application under Section 19 of the Act ordered to be registered shall be numbered as OA No. ...........20.........

(c) Cases received on transfer under Section 29 of the Act shall be numbered as TA No. ............./20..............

(d) Application for review of any order of the Tribunal ordered to be registered shall be numbered as RA No. ................20............

(e) Petitions under the Contempt of Courts Act ordered to be registered, shall be numbered as CP (Civil/Criminal) No. ............/20..........

(f) Applications under Section 25 of the Act ordered to be registered shall be numbered as PT No. ............./20............

(g) Other applications of Miscellaneous nature not covered by sub-rules (b) to (f) above, ordered to be registered shall be numbered as MA No. .........../20......

S.Rule 16 Maintenance of IPOs/DDs/Court Fee Register

(a) IPOs/DDs received in the Registry shall be entered immediately on their receipt in the Judicial Branch in Register No. 3.

(b) On every first working day of the week, the IPOs/DDs received by the Judicial Branch during the previous week shall be transmitted along with the IPOs/DDs Register to the Section Officer in-charge of Judicial Branch, who, after scrutiny shall affix his initials in the relevant column in the Register and transmit the same to the Cash Section. The official in-charge of Cash Section shall, after verifying the entries in the Register alongwith the IPOs/DDs put his initials in the relevant column in the Register in token of acknowledgment.

(c) Court Fee stamp affixed shall be cancelled by punching out the insignia of the State in the stamp in such manner as to leave the amount designated in the stamp untouched. Registry will maintain a Register in Form No.15, noting the value collected by stamp and other related particulars.

S.Rule 17 Rectification of defects

(a) If on scrutiny, any application or pleading filed in the Tribunal is found to be defective, the Registrar shall notify it in Form No. 6 on the Notice Board of the Tribunal fixing the time for rectifying the same. ¹[For the purpose of this clause, defect includes

(i) failure to attach to the main petition synopsis of facts in the OA

(ii) failure to indicate by annexure numbers in the Relief/Prayer column of main and miscellaneous petitions, the impugned orders of official respondents in respect of which relief is sought

(iii) failure to paginate the Annexures in serial order in continuation of Original Application without altering the original page numbers of Annexure

(iv) failure to attach affidavit along with miscellaneous application for any relief

(v) failure to attach additional paper sheets as part pf the order sheet and

(vi) failure to produce certified copy of impugned order accompanying review/contempt petition]

S.Rule 18 Posting of cases for admission/orders before the Bench

(a) Subject to the orders of the Chairman/Senior Member of the concerned Bench, all registered applications/petitions requiring admission shall be posted for admission/orders before the appropriate Bench on the next working day. Other matters shall be posted the day after next working day. The notice of posting shall be given by publishing in the Daily cause List for the day.

(b) Before placing the records of the case for admission/order, the Registry shall state in brief in the column "Notes of the Registry" of the Order Sheet, the date of presentation and registration, the subject-matter of the application and the date of posting before the Bench and fill up the columns in the File Covers "A" and "B".

(c) The category of cases specified in Appendix-I to these Rules, as may be amended by the Chairman from time to time, may as far as possible be posted before the Single Member Bench and dealt with in accordance with the procedure prescribed therein.

(d) The co

S.Rule 19 Posting of urgent cases

(a) Notwithstanding anything contained in Rule 18, the Chairman, and in his absence the senior-most Member of the Bench may order any case not included in the Daily cause List to be listed on urgent basis for admission/orders. Such directions shall be promptly carried out by the Registry after completing all the formalities. ¹[Cases for today motion shall be filed before 12 noon without defects and only on the day preceding and succeeding holidays unless the motion is permitted by Bench on urgent basis. If defects are cured after 12 noon, the case will be listed only the next working day]

(b) When a Division Bench is not available, urgent cases for admission and interim orders may be posted before a Single Member Bench who shall deal with the same in accordance with the order of the Chairman as in Appendix-III as may be amended from time to time.

S.Rule 20 Matters to be attended to prior to commencement of sitting

(a) Unless otherwise directed by the Members constituting the Bench, the Court Officer shall ensure that records of the cases listed for admission/orders before the Bench on the next working day are sent to the residence of the Members before the evening of the day on which the Cause List is published.

(b) The Court Officer shall ensure that the case records so sent to the residence of the Members are brought back to the concerned Court Hall before the commencement of the sitting of Tribunal. The Court Officer shall verify the case records listed for the day and arrange them in the serial order as given in the Cause List before the commencement of the sitting.

(c) The Court Officer of the Bench concerned shall ensure that the Court Hall is ready for commencement of the sitting at the prescribed time for such sitting.

(d) If, for any reason, the Bench cannot sit or the sitting is delayed, the Registrar shall promptly obtain the orders of the Chairman/Senior Memb

S.Rule 21 Maintenance of Court Diary

(a) The Court Officer of the Bench concerned shall maintain legibly a Court Diary in Register No. 4, wherein he shall record the proceedings of the Tribunal for each sitting day with respect to the applications/petitions listed in the daily Cause List.

(b) The matters to be recorded in the Court Diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or head and orders reserved, as the case may be.

S.Rule 22 Statutes/Citations for reference

(a) The parties/Legal Practitioners shall, before the commencement of the proceedings for the day, furnish to the Court Officer a list of law journals, reports, statutes and other citations, which may be needed for reference. Copy of the list shall be furnished to the opposite side also.

(b) If an unreported decision of any court is proposed to be cited, photo copies of the same shall be furnished to the Court Officer and counsel for the opposite side. This sub-rule shall apply when the journal cited is not subscribed by the Registry also.

S.Rule 23 Calling of cases in Court

Subject to the orders of the Bench, the Court Officer shall call the cases listed in the Cause List in the serial order.

S.Rule 24 Regulation of Tribunal Work

(a) When the Tribunal is sitting, the Court Officer shall ensure--

(i) that no inconvenience or wastage of time is caused to the Bench in making available the services of Private Secretary/Personal Assistant/Stenographer/Peon;

(ii) that perfect silence is maintained in and around the Court Hall and no disturbance whatsoever is caused to the functioning of the Bench;

(iii) that proper care is taken to maintain dignity and decorum of the Tribunal.

(b) When the Bench passes order/directions, the Court Officer shall ensure that the records of the case along with proceedings/orders of the Bench are transmitted immediately to the Judicial Branch. The Judicial Branch shall verify the case records received from the Court Officer with reference to the Cause List and take immediate steps to communicate the directions/orders of the Bench.

S.Rule 25 Issue of Notice

(a) Unless otherwise ordered by the Tribunal, when notice is ordered, the applicant shall, in cases governed by Rule 10(6) of the Procedure Rules, pay the prescribed fee for service of notice accompanied by a memo in Form No.7 within seven days from the date of order or within such extended time as Registrar may permit. In default, no notice shall be issued to any of the respondents and the matter shall be placed immediately before the Bench for appropriate orders. Where service is ordered to be effected by the speed post, postal envelope with requisite amount of postal stamp shall be produced by applicant in lieu of the sum as determined by the Tribunal under Rule 10(6)(ii). ¹[Interim orders pronounced by the Bench shall not be handed
over to the applicant/counsel when there is failure to take steps for issue of notice to respondents]

(b) Where the notice is returned to the Tribunal with an endorsement of the Postman regarding non-service owing to refusal of th

S.Rule 26 Steps for issue of fresh notice

If any notice is returned unserved in the circumstances not specified in sub-rules (b) and (c) of Rule 25, that fact and the reason therefore shall be notified immediately on the notice board of the Registry. The applicant/petitioner or his Legal Practitioner shall within seven days from the date of such notification take steps for service of fresh notice.

S.Rule 27 Consequence of failure to take steps for issue of fresh notice

If the applicant/petitioner fails to take necessary steps in time for service of notice on the respondent(s) and consequently, the service remains incomplete, the Registrar shall post the case before the Bench for further directions.

S.Rule 28 Service of notice, etc., on Legal Practitioners

A Legal Practitioner representing a party in any proceeding or any person authorized to accept notices on behalf of a party, shall receive notices, orders, directions, pleadings, etc., required to be served on such party in connection with such proceedings. Such service shall be deemed to be proper service on the party.

S.Rule 29 Form of Notice

Notice to show cause regarding admission shall be in Form No. 8. Notice ordered after admission shall be in Form No.9.

S.Rule 30 Entries regarding service of notice/process

The Judicial Branch of the Registry shall record in the column in the order sheet "Notes of the Registry", the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unreserved, steps taken for issuing fresh notice and date of completion of service, etc.

S.Rule 31 Case deemed to be ready on failure of file reply in time

When all or any of the respondent(s) fail(s) to file reply statement in the form and in the manner provided under Rule 11 of the Procedure Rules within the time granted, the case shall be deemed to be ready for hearing and included in the list of cases ready for final hearing.

S.Rule 32 Filing of rejoinder

(a) The applicant(s) intending to file rejoinder to the reply statement filed by all or any of the respondent(s) shall do so, with the leave of the Bench/Registrar within the time granted. The rejoinder shall be filed within the time granted, duly signed and verified in the manner prescribed for filing reply statement under Rule 11(2) of the Procedure Rules.

(b) After the expiry of the time granted for filing the rejoinder, the case shall be deemed to be ready for hearing and included in the list of cases ready for final hearing.

S.Rule 33 Papers not to form part of the records

(a) Except with the leave of the Tribunal, the following shall not form part of the records of the case :-

(i) Reply statement filed after the expiry of the time granted for the purpose.

(ii) Rejoinder filed without the leave of the Tribunal or filed after the expiry of the time granted.

(iii) Additional pleadings filed without the leave of the Tribunal or filed after the expiry of the time granted.

(b) The above papers treated as not forming part of the record shall be notified on the Notice Board of the Registry requiring the party to take them back within four weeks from the date of the Notification, failing which the Registry shall take steps to destroy the same.

S.Rule 34 Incorporation of amendments, filing of additional reply, etc.

When the Tribunal allows a prayer for amendment of the pleadings or for addition of parties, the same shall be carried out in red ink indicating the date of the order and duly signed by the party/Legal Practitioner, who has obtained the order, within the time granted for the purpose by the order or if no time limit is specified within 14 days from the date of the order. If, however, the Bench or the Tribunal has directed furnishing of a fresh copy incorporating the amendments/addition of parties, the same shall be filed in triplicate and after serving a copy of the amended pleading on the opposite party within the time granted by the Tribunal or if not time is granted, within 14 days from the date of the order. In default, the Registry shall place the matter before the bench for orders. ¹[In the case of addition/deletion of parties, it shall be the duty of Registry to carry out the addition/deletion of names and addresses of parties in the cause title]

S.Rule 35 Matters to be listed before the Registrars Court

Once an application/petition is admitted and notice ordered, the same shall be posted before the Registrar for completion of pleadings.

S.Rule 36 Cause List for Registrars Court

Cases required to be dealt with by the Registrar shall be notified in a separate List entitled as "Daily Cause List for Registrar's Court". The cases so notified shall be taken up in the Registrar's Court in the serial order as indicated in the Cause List.

S.Rule 37 Recording of proceedings

On hearing the parties/their Legal Practitioners and on perusing the records, the Registrar may record his decisions in the column "Notes of the Registry" in the order sheet and put his initials with date.

S.Rule 38 Inclusion of cases in the list of cases ready for final hearing when pleadings are complete

If the pleadings are complete or if the case is deemed to be ready for hearing, the Registrar shall record the same in the order sheet and order for inclusion in the list of cases ready for final hearing. 

S.Rule 39 PREPARATION OF LIST OF CASES READY FOR HEARING, WEEKLY LIST, DAILY CAUSE LIST AND POSTING OF CASES

The Judicial Branch of the Registry shall maintain separate Registers in Register Form No.5 for each category of cases which are ready for hearing. The registers shall contain separate sections for each year. Inclusion of cases in the Register shall be year wise and in the order in which they become ready for hearing.

S.Rule 40 Preparation of Weekly List

(a) From the List of cases maintained under Rule 39, the Registry shall prepare a separate list called "Weekly List" consisting of such number of cases as may be sufficient in the opinion of the Registrar, for being posted for hearing for a period of one week.

(b) Subject to any general or special orders of the Chairman, cases in the Weekly List shall be arranged according to the year and number of registration and not on the basis of their serial number in the list under Rule 39. Oldest among the cases shall be included first followed by the next oldest and so on. This shall not affect the powers of the Bench to take up for hearing any case out of turn.

S.Rule 41 Publication of Weekly List

(a) The Judicial Branch of the Registry shall ordinarily publish in advance the Weekly List for next week on the Notice Board of the Registry on Friday of every week.

(b) In case there is likelihood of Weekly List being exhausted, the Registrar shall publish a supplementary Weekly List as and when found necessary.

S.Rule 42 Preparation and publication of Daily Cause List

(a) The Judicial Branch of the Registry shall ordinarily prepare and publish on the Notice Board of the Registry before 5.00 p.m. on each working day the Daily Cause List for the next working day. Subject to the directions of the Chairman/Senior Member of the Bench, listing of cases in the Daily Cause List shall be in the following order:

(i) Cases for "Pronouncement of Orders".

(ii) Cases "For being spoken to".

(iii) Cases for "Admission".

(iv) Cases for "Orders/Directions".

(v) Contempt Petitions.

(vi) Cases posted as per directions of the Tribunal.

(b) The title of the Daily/Weekly List shall consist of the name of the Bench, the day, date and time of the Court sitting, Court Hall number and the Coram indicating the names of the Chairman/Senior Member constituting the Bench with abbreviations in brackets (J) for Judicial and (A) for Administrative.

(c) Against the number of each case listed in the Weekly List and in the Dail

S.Rule 43 Carry forward of Cause List and adjournment of cases on account of non-sitting of a Bench

(a) If, by reason of declaration of holiday or for any other reason, the Bench does not function for the day, the Daily Cause List for that day shall, unless otherwise directed, be treated as the Daily Cause List for the next working day in addition to the cases already posted for that day.

(b) When the sitting of a particular Bench is cancelled for the reason of absence of Member(s) of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before the Bench to a convenient date. The adjournment/posting/directions shall be notified on the Notice Board.

S.Rule 44 Supply of Cause List

(a) Two copies of Weekly Cause List and Daily Cause List shall be furnished to the Advocate's Association of Kerala Administrative Tribunal for publication on their Notice Board.

(b) Copies of the Cause List may be furnished to the Legal Practitioners on payment of fees at the rate specified below:-

I. Daily Cause List :

Per Bench -- Rs.500 per annum.

II. Weekly Cause List :

Per Bench -- Rs.400 per annum.

(c) Application for supply of Weekly/Daily Cause Lists shall be made in writing to the Registrar accompanied by one year's subscription by way of Demand Draft or Indian Postal Orders drawn in favour of the Registrar of the concerned Bench not less than a week before the date from which supply is to commence.

(d) The rates specified above shall be subject to such modifications as may be made by the Chairman from time to time.

S.Rule 45 Request for Adjournments

Unless the Bench otherwise permits, requests for adjournments of the cases listed in the Cause Lists shall be entertained only at the time when the cases are taken up by the Bench for hearing.

S.Rule 46 Maintenance of Stage Register and Posting Register

(a) The Judicial Branch of the Registry shall maintain a Stage Register in Form Register No.6 for each category of applications/petitions from the stage of first posting till disposal.

(b) Posting Register shall be maintained in Form Register No.7.

(c) All orders regarding clubbing of cases shall be entered in the order sheets of all the cases required to be clubbed together and posted accordingly.

(d) The Section Officer concerned shall ensure that the aforesaid Registers are promptly and properly maintained and the directions of the Bench faithfully carried out.

S.Rule 47 Early hearing of cases

If early hearing of any case out of turn is required, the party/Legal Practitioner shall, make an application stating the reasons thereof in Form No. III of the Procedure Rules, after serving copy thereof to the other parties. The application shall, if in order, be listed before the Bench presided by the Chairman or in his absence the Senior Member nominated by him in the case of the Principal Bench and before the Bench presided by the Senior Member available in the case of additional Benches.

S.Rule 48 Vacation Bench Sittings and Posting of cases

(a) When the Tribunal is closed for vacation, the Vacation Bench shall sit on such days as the Chairman may specify.

(b) During the vacation only matters which are required to be immediately or promptly dealt with, shall be received in the Registry. The Registrar, on being satisfied about the urgency, shall order registration and posting of such cases. ¹[When an OA
is filed during vacation the applicant counsel shall file a memo explaining the urgency for moving the OA during vacation. In pending matters, the applicant/counsel shall file a miscellaneous application explaining the urgency for moving it during vacation. Today motion during vacation shall be only with the sanction of the Bench concerned. Sanction for Today motion shall be sought when the Bench commences sitting.]

(c) During the vacation, the Registrar may accept replies, rejoinders to OAs, RAs, etc., provided a copy of the same has been served on all the other parties/Legal Practitioners.

S.Rule 49 Posting of Review Applications

Posting of Review Applications shall be governed by the order made by the Chairman as contained in Appendix-IV subject to such modifications as may be made by the Chairman from time to time.

S.Rule 50 Preparation and filing of paper books on reference to the Full Bench

When a Division Bench of the Tribunal makes an order referring the case/issues to a Full Bench, the applicant or such other party, as the Bench directs shall furnish in Paper Book Form duly indexed and continuously paginated three/five sets (depending upon the number of members of the Full Bench) for the use of the Bench and one set to each of the parties/or their Legal Practitioner on the other side, within two weeks or such other time as the Bench may direct, arranging the papers in the following orders:--

(i) Index.

(ii) Written chronology of events/orders relevant to the case.

(iii) Order of Reference.

(iv) Memo of Parties

(v) Application/Petition.

(vi) Annexures to the Application/Petition.

(vii) Reply by each respondent in the order of their ranking.

(viii) Annexures at the end of reply of each respondent.

(ix) Rejoinder, if any.

(x) Annexures to Rejoinder, if any.

(xi) Other relevant papers with desc

S.Rule 51 Circulation of Order of Reference to other Benches

The referring Bench shall through the Registrar send a copy of the order of reference to all the other Benches of the Tribunal for information.

S.Rule 52 Seeking orders of Chairman for constitution of Full Bench and fixing date of hearing

If reference is by an Additional Bench, Registrar/Officer discharging the functions of Registrar of that Bench shall forward a copy of order of reference to the Registrar of the Principal Bench for securing orders of the Chairman for constitution of the Full Bench and fixing the date of hearing.

S.Rule 53 Conveyance of the orders of the Chairman

The Registrar of the Principal Bench shall, on receipt of the request as aforesaid obtain the orders of the Chairman and convey the same to the Registrar or the officer discharging the functions of Registrar of the Referring Bench.

S.Rule 54 Notification regarding Full Bench hearing

The Registrar of the Referring Bench shall, immediately on receipt of orders of the Chairman notify to the parties/Legal Practitioners the date of hearing of the case by the Full Bench.

S.Rule 55 Circulation of Full Bench decision/opinion

The Registrar of the Referring Bench shall circulate the opinion/decision rendered by the Full Bench to all other Benches of the Tribunal.

S.Rule 56 Grant of Inspection

Inspection by a party or an affected person of records of a pending or decided case before the Tribunal shall be allowed only under the orders of the Registrar.

S.Rule 57 Application for grant of inspection

(a) Application for inspection of records shall be in Form No.10 and presented at the filing counter of the Registry between 10.00 a.m. and 3.00 p.m. on any working day, two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.

(b) The Judicial Branch of the Registry shall submit the application with its remarks before the Registrar, who shall on consideration of the same pass appropriate orders.

(c) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day.

S.Rule 58 Fee payable for Inspection

(a) No fee shall be charged for inspection of records of a pending case by a party to the case or his Legal Practitioner.

(b) A fee of Rs.5 shall be payable by way of affixture of Court fee stamp or DD/IPO drawn in favour of the Registrar on any application for inspection of records of a decided case by a party to the case or his Legal Practitioner.

(c) A fee of Rs.5 shall be payable by way of affixture of Court fee stamp or DD/IPO drawn in favour of the Registrar on any application for inspection of records of a pending or decided case, by an affected person other than a party to the case.

S.Rule 59 Mode of Inspection

(a) On grant of application for inspection of the records, the Section Officer in-charge of the Judicial Branch shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10 a.m. and 12.30 p.m. and between 2.30 p.m. and 4.30 p.m. in the presence of an officer authorized in that behalf.

(b) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.

(c) The person inspecting the records shall not make any marking on any record or paper so inspected. Copying, if any, of the documents/records inspected may be done only in pencil.

(d) The officer supervising the inspection, may at any time prohibit further inspection, if in his opinion any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions o

S.Rule 60 Maintenance of Register of Inspection

The Section Officer in-charge of the Judicial Branch shall cause to maintain a Register in Form No. 8 for the purpose of inspection of documents/records and shall obtain therein the signature of the person making such inspection.

S.Rule 61 Appearance of Legal Practitioners

Subject as hereinafter provided, no Legal Practitioner shall be entitled to appear and act, in any proceedings before the Tribunal unless he files a Vakalatnama in the prescribed Form duly executed by or on behalf of the party for whom he appeared.

S.Rule 62 Appearance on behalf of Government, etc.

(a) Any Legal Practitioner appearing on behalf of State Government or any Government servant sued or suing in his official capacity or any Authority/Corporation/Society notified under Section 14 of the Act shall not be required to file a vakalatnama but he shall file a Memo of Appearance in Form No. 11 duly signed by him.

(b) Practitioner representing any of the parties referred to in sub-rule (a) shall also file a memo of appearance in Form No. 11.

S.Rule 63 Nomination or engagement of another Legal Practitioner

Where a Legal Practitioner who has filed the vakalatnama engages or nominates another Legal Practitioner to appear and argue his client's case but not to act for the client, the Tribunal may permit such other Legal Practitioner to appear and argue.

S.Rule 64 Consent for engaging another Legal Practitioner

A Legal Practitioner proposing to file a vakalatnama for a party in any case or proceeding before the Tribunal in which there is already a Legal Practitioner on record for the said party, shall do so only with the written consent of Legal Practitioner on record or when such consent is refused, with the permission of the Tribunal.

S.Rule 65 Restrictions on appearance

A Legal Practitioner who has tendered advice in connection with the institution of any case or other proceeding before the Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in any case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Tribunal.

S.Rule 66 Access to information

A Legal Practitioner appearing for the party in any matter before the Tribunal shall be entitled to communicate personally with or receive any information regarding the said matter from any officer of the Tribunal subject to such conditions as may be prescribed by Tribunal.

S.Rule 67 Form and execution of vakalatnama

(a) Every vakalatnama authorizing a Legal Practitioner to plead and act shall be in Form No.12. The name of the Legal Practitioner so appointed shall be inserted in the vakalatnama before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by a Judicial Officer, Gazetted Officer serving in connection with the affairs of the Union or of any State in India or a Legal Practitioner other than the Legal Practitioner accepting the vakalatnama.

(b) The authority attesting the vakalatnama under sub-rule (a) shall certify that it has been duly executed in his presence and subscribe his signature giving his name and designation. Attestation shall be made only after the name of the Legal Practitioner is inserted in the vakalatnama before its execution. When a vakalatnama is executed by a party who appears to be illiterate, blind or unacquainted with the language of the vakalatnama, the attestor shall certify that the vaka

S.Rule 68 Restriction on partys right to be heard

The party who has engaged a Legal Practitioner to appear for him before the Tribunal shall not be entitled to be heard in person unless he withdraws the vakalatnama with the leave of the Tribunal.

S.Rule 69 Professional dress for the Advocate

While appearing before the Tribunal, the Advocate shall wear the same professional dress as prescribed for appearance before the High Court.

S.Rule 70 Prohibition of Employment of tout

No Legal Practitioner shall employ as his clerk any person who is a tout.

Explanation.-- "Tout" means a person who procures or attempts to procure for any consideration from any Practitioner or from any person acting on his behalf, the employment of such Legal Practitioner in any legal business or who, for purposes of such procurement, frequents the precincts of the Tribunal.

S.Rule 71 Disqualification for registration of clerks

No person who is or has been declared a tout or is an undischarged insolvent or has been convicted of an offence involving moral turpitude or has been dismissed from the service of the Government for corruption or dishonesty or is otherwise unfit to be a clerk shall be registered as Legal Practitioner's clerk as provided in Rule 25(1) of the Procedure Rules.

S.Rule 72 Registration of Legal Practitioners clerks

(a) When an application in Form No. IV of the Procedure Rules is made by the Legal Practitioner for registration of his clerk and the same is allowed by the Registrar, the name of the clerk shall be entered in the Register of Clerks in Register No.9.

(b) The Registrar may, for reasons to be recorded in writing, decline to Register any clerk, who in his opinion suffers from any disqualification specified in Rule 71 or is otherwise unsuitable to be registered as such.

(c) An appeal may be filed within thirty days from the date of the order of the Registrar under sub-rule (b) to the Chairman/Senior Member.

S.Rule 73 Cancellation of registration

(a) The Registrar may, for reasons to be, recorded in writing, cancel the registration of any clerk after giving him and his employer an opportunity to show cause against such cancellation.

(b) An appeal may be filed against the order of the Registrar made under clause (a) to the Chairman within thirty days from the date of the order.

S.Rule 74 Notifying registration and cancellation

Orders registering a clerk or canceling the registration shall be notified on the Notice Board of the Tribunal and a copy sent to the Advocates' Association.

S.Rule 75 Issue of Identity Card

(a) ¹[An identity card as referred to in sub-rule (3) of Rule 25 of the Procedure Rules shall be issued in Form No. 13 to every registered clerk of the legal practitioner on his remitting a fee as fixed by Chainnan by way of chalan in
Government Treasury under the head of account -0070-01-800-92-KAT- Receipts on behalf of Registrar of Kerala Administrative Tribunal, Thiruvananthapuram]

(b) The registered clerk shall wear the Identity Card in the body in such a manner as to display his/her Identity and be bound to produce the same for inspection on demand by officials authorised by Registrar.

(c) An Identity Card once issued shall be in force for a period of three years unless cancelled earlier.

S.Rule 76 Access to information by registered clerks

The registered clerks, may communicate personally with any sectional or Departmental Head not below the rank of a Section Officer for information regarding their employers' matters pending in the Tribunal.

S.Rule 77 Carrying out corrections

The Section Officer in-charge of Scrutiny Branch may permit a registered clerk to correct any clerical or typographical mistake found out during scrutiny under Rule 11 in any pleadings or other proceedings. The correction shall be made in the presence of the Section Officer and duly initialled by the maker as well as the Section Officer.

S.Rule 78 Discharge of duties of an absentee clerk

In case of illness or absence on leave of a registered clerk, the Registrar may, on the requisition of the Legal Practitioner under whom such registered clerk is engaged, permit the registered clerk of another Legal Practitioner to discharge the absentee's duties for a specified period.

S.Rule 79 Presentation and return of papers

Registered clerk may present or take returned papers on behalf of the Legal Practitioner whom he represents.

S.Rule 80 Title of affidavits

Every affidavit shall be entitled as "In the Kerala Administrative Tribunal,.......................................... Bench at ......................." followed by the cause title of application or other proceeding in which the affidavit is sought to be used.

S.Rule 81 Form and contents of the affidavit

(a) Every affidavit shall be drawn up in Form No. 14 in the first person and divided into paragraphs numbered consecutively.

(b) Every affidavit shall contain the full name, occupation, age, father's/mother's/husband's name and address of the deponent. The deponent shall be described with such other particulars as may be necessary to identify him. He shall affix his signature/mark on each page.

S.Rule 82 Corrections/erasures, etc.

Corrections, erasures and interlineations shall be initialled by the attestor and the number of corrections made on each page indicated.

S.Rule 83 Persons authorized to authenticate

Affidavits shall be sworn or affirmed before any Judicial Officer, Registrar and Deputy Registrar of the Tribunal, Notary, The Chief Ministerial Officer of any District Court in the State, any Gazetted Officer of the State or any Advocate.

S.Rule 84 Affidavits if illiterate, blind etc.

Where an affidavit is sworn or affirmed by any person who appears to be illiterate, blind or unacquainted with the language in which the affidavit is written, the attestor shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor in Form No.15.

S.Rule 85 Identification of deponent

If the deponent is not known to the attestor, his identity shall be testified by a person known to him. The identifying person shall affix his signature in token thereof, after recording "identified the deponent who is known to me".

S.Rule 86 Annexures to the affidavit

Document accompanying an affidavit shall be referred to therein as Annexure No. .......... The attestor shall make the following endorsement thereon:-

S.Rule 87 Application for production of documents, Form of summons

(a) Except as otherwise provided hereunder, discovery, production and return of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908.

(b) An application for summons to produce documents shall be in Form No. III to the Procedure Rules setting out (i) the document/s the production of which is sought, (ii) the relevancy of the document/s and (iii) in case where the production of a certified copy would serve the purpose, whether application was made to the proper officer in custody and the result thereof.

(c) A summons for production of documents in the custody of a public officer other than a Court shall be in Form No. 16 and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Tribunal.

S.Rule 88 Suo motu calling for documents

Notwithstanding anything contained in these rules, the Tribunal may, suo motu, issue summons for production of public documents in the custody of a public officer.

S.Rule 89 Marking of documents

(a) The documents when produced shall be marked as follows:-

(i) If relied upon by the applicant's side, they shall be numbered as "A" series. (Eg. Annexures A1, A2, A3, etc.)

(ii) If relied upon by the respondent's side, they shall be marked as "R" series. (Eg. Annexures R1, R2, R3 , etc.). If there are more respondents than one, documents shall be marked as Annexures R1, R1(a), R1(b), R1(c)...... Annexures R2, R2(a), R2(b), R2(c)...... Annexures R3, R3(a), R3(b), R3(c)...... etc.

(iii) The Tribunal Annexures shall be marked as "T" series.

(b) The Tribunal may direct the applicant to deposit in Tribunal by way of IPO/DD drawn in favour of the Registrar a sum sufficient to defray the expenses for transmission of the records before the summons is issued.

(c) The transmission of the records shall ordinary be by registered post/parcel.

S.Rule 90 Return and transmission of documents

(a) An application for return of the documents produced shall be in Form No. III given under the Procedure Rules. No such application shall be entertained after the destruction of the records.

(b) The Tribunal may, at any time, direct return of documents produced subject to such conditions as it deems fit.

S.Rule 91 Procedure for examination of witnesses, issue of commissions, etc.

The provisions of Orders XVI and XXVI of the Code of Civil Procedure, 1908 shall mutatis mutandis apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents.

S.Rule 92 Examination in camera

The Tribunal, may in its discretion, examine any witness in camera.

S.Rule 93 Form of oath/affirmation to witness

Oath shall be administered to a witness in the following form:-

"I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth".

S.Rule 94 Form of oath/affirmation to interpreter

Oath or solemn affirmation shall be administered to the Interpreter in the following form before his assistance is taken for examining a witness:-

"I do swear in the name of God/solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation".

S.Rule 95 Officer to administer oath

The oath or affirmation shall be administered by the Court Officer or the Commissioner, as the case may be.

S.Rule 96 Recording of deposition

(a) The deposition of witness shall be recorded in Form No. 17.

(b) Each page of the deposition shall be initialled by the Members constituting the Bench or the Commissioner.

(c) Corrections, if any, pointed out by the witness may, if the Bench/Commissioner is satisfied, shall be carried out and duly initialled. If not satisfied, a note to the effect shall be appended at the bottom of the deposition.

S.Rule 97 Numbering of witness

The witnesses called by the applicant(s) shall be numbered consecutively as PWs and those by the respondent(s) as RWs.

S.Rule 98 Grant of discharge certificate

Witness discharged by the Tribunal may be granted a certificate in Form No.18 by the Registrar.

S.Rule 99 Witness batta payable

(a) Where the Tribunal issues summons to a Government servant to give evidence or to produce documents, person so summoned may draw from the Government traveling and daily allowance admissible to him as per Rules.

(b) Where there is no provision for payment to TA and DA by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as batta, a sum found by the Registrar sufficient to defray the travelling and other expenses having regard to the status and position of the witness. The party applying for the summons shall deposit with the Registrar the amount of batta as estimated by the Registrar well before the summons is issued. If the witness is summoned as a Tribunal witness, the amount estimated by the Registrar shall be paid as per the directions of the Tribunal.

(c) The aforesaid provisions would govern the payment of batta to the interpreter as well.

S.Rule 100 Records to be furnished to the Commissioner

The Commissioner shall be furnished by the Tribunal with such of the records of the case as the Tribunal considers necessary for executing the Commission. Original documents will be furnished only if a copy will not serve the purpose or cannot be obtained without unreasonable expense or delay. Delivery and return of records shall be made under proper acknowledgement.

S.Rule 101 Taking of specimen handwriting, signature, etc.

The Commissioner may, if necessary, take specimen of the handwriting, signature or finger print of any witness examined before him.

S.Rule 102 Order

The final decision of the Tribunal on an application/petition before the Tribunal shall be described as "Order".

S.Rule 103 Operative portion of the Order

All orders/directions of the Bench shall be stated in clear and precise terms in the last paragraphs of the order.

S.Rule 104 Corrections

The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.

S.Rule 105 Pronouncement of order

(a) The Bench shall as far as possible pronounce the order immediately after the hearing is concluded.

(b) When the orders are reserved, the date for pronouncement not later than 3 weeks shall be fixed. The date so fixed shall not be changed without due notice to all parties/Counsel.

(c) Reading of the operative portion of the order in the Open Court shall be deemed to be pronouncement of the order.

S.Rule 106 Pronouncement of order by any one of the Member of the Bench

(a) Any one of Members of the Bench may pronounce the order for and on behalf of the Bench.

(b) When an order is pronounced under this Rule, the Court Officer shall make a note in the order sheet, that the order of the Bench consisting of ......................... was pronounced in Open Court by the Bench consisting of ......................

S.Rule 107 Authorising any Member to pronounce order

(a) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Tribunal, the Chairman may authorize any other Member to pronounce the order on his being satisfied that the order has been duly prepared and signed by all the Members who heard the case. The order pronounced by the Member so authorized shall be deemed to be duly pronounced.

(b) The Member so authorized for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided in this rule.

(c) If the order cannot be signed by reason of death, retirement or resignation of any one of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing.

S.Rule 108 Making of entries by Court Officer

Immediately on pronouncement of an order by the Bench, the Court Officer shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order. He shall also make necessary entries in the Court Diary maintained by him.