KERALA GAZETTE

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PUBLISHED BY AUTHORITY

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Government of Kerala

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2013

No.

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Vol. II

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19th November 2013

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THIRUVANANTHAPURAM, TUESDAY

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Regn. No. KERBIL/2012/45073

dated 5-9-2012 with RNI

Reg. No. cPn. \º¿

KL/TV(N)/634/2012-14

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PART IV

Private Advertisements and Miscellaneous

Notifications

KERALA ADMINISTRATIVE TRIBUNAL,

THIRUVANANTHAPURAM

NOTIFICATION

No. 1060/2013/KAT.

Dated, Thiruvananthapuram 1st April 2013.

In exercise of powers conferred by Section 22 of the

Administrative Tribunals Act 1985 (Central Act 13 of

1985), the Kerala Administrative Tribunal makes the

following Rules further to amend the Kerala Administrative

Tribunal Rules of Practice, 2011.

RULES

Short title and Commencement

(1)

These rules may be called the Kerala

Administrative Tribunal Rules of Practice

(Amendment) Rules 2013.

(2)

They shall come into force forthwith.

Amendment to Rules 4(b) and 4(c) in Chapter III

(i)

After the existing sentence in Rule 4 (b), the

following shall be inserted.

“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”.

(ii) Between the words ‘of’ and ‘empty’ in Rule 4 (c)

the new words ‘copies in’ shall be inserted:

(iii) After the existing sentence in Rule 4 (c), the

following shall be added:

“The additional copies intended for service to the

respondents are to be produced only after the Bench

admitting applications to file or ordering notices. If copies

corresponding to the number of respondents are not

furnished within 5 days or such extended period since

the date of admission/ordering of notices, the default will

be immediately reported by the Registry to the Bench for

appropriate action”.

Amendment to Rule 17 in Chapter IV.

After the existing last sentence in Rule 17(a) the

following shall be added in the same paragraph.

“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

of the order sheet and

(vi) failure to produce certified copy of impugned

order accompanying review/contempt petition”

Amendment to Rule 19 in Chapter IV

After the existing sentence in Rule 19 (a), the

following shall be added:

“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”.

5. Amendment to Rule 25 in Chapter V

After the existing last sentence in Rule 25 (a) the

following shall be added:

“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”.

6. Amendment to Rule 34 in Chapter VI

After the existing first sentence in Rule 34, the

following shall be newly added.

“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”.

7. Amendment to Rule 48 in Chapter VIII

After the last sentence in R 48(b), the following

shall be added.

“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”.

8. Amendment to Rule 75 in Chapter XIII

The existing Rule 75 (a) shal1 be substituted as

hereunder

“ 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 Chairman 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”.

9. Amendment to Rule 117 in Chapter XVIII

In the existing Rule 117 (a), after the words “` 5

(Rupees five only)”, the following shall be added and the

entire remaining sentence deleted.

“per copy of order/document”.

10. Amendment to Rule 122 in Chapter XVIII

After the last sentence in Rule 122 (b), a new and

separate clause shall be inserted below as follows:

determine the requisite amount of copying fee

and publish the dates due for furnishing stamp

for the amount in the Notice Board of the

Registry. The stamp furnished shall accompany a

memo signed by party/applicant/counsel

containing number of stamps denomination and

total value. In case stamp is not furnished in the

manner indicated also within the time stipulated

the copy application shall be struck off by the

Registry”.

11. Amendment to Rule 127 in Chapter XVIII

After the existing last sentence in Rule 27, the

following shall be added:

“Certified copies not taken delivery of by applicant

within 30 days of publication of list of copies shall be

forthwith consigned from copying section to record

section. They shall be no more delivered to applicants

unless a fresh application for copy is filed in accordance

with Rule”.

JUSTICE K. BALAKRISHNAN NAIR,

Chairman.

Explanatory Note

(This does not form part of the notification but is

intended to indicate its general purpose.)

The experience in the working of the Tribunal

shows that a few of the existing rules in the Kerala

Administrative Tribunal Rules of Practice 2011 require

suitable amendments to maintain the smooth, systematic

and effective functioning of the Tribunal.

This notification is intended to achieve the above

object.