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Delhi Municipal Corporation Appellate Tribunal (procedure) Rules, 1986

Ministry of Home Affairs

Government of India

New Delhi, the 10th Feb,1986

NOTIFICATiON

G.S.R……….- In the exercise of the powers conferred by the section 347C of the Delhi Municipal Corporation Act, 1957 (66 of 1957) the Central Government hereby makes the following rules, namely :

  1. Short title and commencement:
    1. These rules may be called The Delhi Municipal Corporation Appellate Tribunal (Procedure) Rules, 1986
    2. They shall come into force at once
  2. Definition: In this rules, unless the context otherwise requires:
  1. “Act” means The Delhi Municipal Corporation Act, 1957 (66 of 1957);
  2. “Administrator” means the Administrator of the Union Territory of Delhi;
  3. “Authorised representative” means person duly authorised to act for and on behalf of a person as his attorney by the duly executed power of attorney or in the case of a legal practitioner by execution of “Vakalatnama”;
  4. “Commissioner” means the Commissioner of the Corporation;
  5. “Corporation” means the Municipal Corporation of Delhi;
  6. “Form” means Form appended to these Rules;
  7. “Legal practitioner” shall have the same meaning as in assigned to it in the Advocates Act, 1961 (25 of 1961);
  8. “Registrar” means the Registrar of the Tribunal and includes Assistant Registrar or any other person to whom the registrar may, with the approval of the Presiding Officer of the Tribunal, delegate any function to be exercised by the Registrar;
  9. “Tribunal” means the Appellate Tribunal constituted under section 347A of the Act;
  10. Words and expressions under herein but not defined shall have the same meaning as assigned to The Delhi Municipal Corporation Act, 1957 (66 of 1957);
  1. Procedure for filing appeals
    1. An appeal under sub-section (2) of the section 343 or section 347B of the Act to the tribunal shall be made in Form No. A.T.I
    2. An appeal or application to the Tribunal shall be signed by the appellant or applicant, as the case may be, and shall be presented by him in person or by his authorised representative to the registrar or to an officer authorised in this behalf by the registrar
    3. The memorandum of appeal filed under sub-rule (1) shall be accompanied by a copy of the order or notice against which the appeal is being filed.
    4. The appellant shall file alongwith the appeal as many copies of the grounds of appeal and copies of the order or notice appealed against as the number of respondents be.
    5. The tribunal may, in its discretion, accept an appeal under sub-rule (1), which is not accompanied by all or any of the documents referred to above.
  2. Fees for appeal- The appellant shall deposit a sum of Rs. 100/- as fee as appeal with the registrar or any other officer duly authorised by the registrar in this behalf and shall annex the receipt so issued alongwith the memorandum of appeal.
  3. Contents of appeal etc
    1. Every appeal in the form A.T.1 shall set forth a clear statement of facts concisely and under distinct and separate heads, of appeal on which the order or notice is challenged and such grounds shall be numbered consecutively and the relief claimed.
    2. An application to the tribunal shall be made in the form A.T.2
  4. Grounds not taken in appeal- The appellant or the applicant shall not, except by the leave of the tribunal, urge or be heard in support of any ground or objection not set forth in the appeal or application, but the tribunal in deciding the appeal or application, shall not confine to the grounds or objection set forth in the appeal or application or taken by leave under this rule: Provided that the Tribunal shall not rest its decision on any other ground unless the party affected thereby has been allowed an opportunity of being herd.
  5. Rejection or amendment of appeal
    1. Where the appeal or application filed under rule 3 is not drawn up in the manner hereinbefore specified it may be rejected or returned to the appellant or applicant for the purpose of being amended with in the time to be fixed by the tribunal.
    2. where the Tribunals rejects any appeal or applicant, it shall record the reason for such rejection
  6. Procedure to be followed by the Tribunal
    1. The Registrar or an officer authorised by him in this behalf shall endorse on every memorandum of appeal or application, the date on which it was presented and fix the date for appearance before the tribunal and shall sign the endorsement, taken thereof.
    2. Every memorandum of appeal or application shall be registered and numbered by the registrar or the officer authorised by him in this behalf in a registrar to be kept for this purpose.
    3. A copy of memorandum of appeal or application as the case may be shall be served on the other party prior to filing of the same before the Tribunal: Provided that in cases of extreme urgency the Tribunal may, on an application, if it considers expedient, dispose with the service of the copy of the appeal or the application on the other party.
  7.  Power to dismiss appeal or application without sending notice to respondent: the tribunal after sending for such record,  as it thinks fit so to do and after hearing the appellant without sending notice to respondent.
  8. Date for hearing of appeal etc: Unless the tribunal dismisses the appeal or application under Rule 9, it shall notify to the parties the date and place or hearing of the appeal or application.
  9. Hearing of appeal:
    1. On the date of fixed or any other date to which the hearing may be adjourned, the appellant shall be heard in support of the appeal or application.
    2. The tribunal shall then, if it considers necessary, hear the respondent against the appeal and in such a case appellant shall be entitled to reply.
    3. Where on the date fixed for the hearing of the appeal or any other day to which such hearing may be adjourned the appellant does not appear when the appeal is called for hearing, the Tribunal may, in its discretion either dismiss the appeal in default or decide the appeal on merit.
    4. Where the appeal has been dismissed in default and the appellant appears afterwards and satisfies the Tribunal that there was sufficient cause for his non-appearance when the appeal was called on for hearing the tribunal may make an order setting aside the dismissal and restore the same.
    5. When the appellant appears and the respondent does not appear, the appeal may be heard ex parte.
    6. Where an ex parte order has been made under Sub-rule (5), the respondent may within thirty days of the communication of the order or the knowledge thereof apply to the Tribunal to rehear the appeal and if the respondents satisfies the Tribunal that the notice was not duly served or that he was prevented by sufficient cause for appearing when the appeal was called on for hearing, the Tribunal may rehear the appeal on such term as to costs or otherwise as it thinks fit to impose upon him.
  10. Adjournment of hearing etc: The tribunal may, on such terms as it thinks at any stage, adjourn the hearing or allow amendment of the pleadings or production of additional evidence in any appeal.
  11. Proceedings to be open to public: The proceedings before the tribunal shall be open to the public, Provided that the Tribunal may, if it thinks fit, order at any stage of the proceedings that the public generally or any person, in particular, shall not have access to or be or remain in the room of the Tribunal.
  12. Production of additional evidence before the Tribunal:
    1. The appellant shall not be entitled to produce before the tribunal any additional evidence, whether oral or documentary, other than the evidence produced by him during the course of proceedings before the authority or officer which made the order or issued the notice appeal against except in the following circumstances, namely:
      1. Where the authority or the officer has refused to admit evidence which ought to have been admitted;
      2. where the appellant was prevented by a sufficient cause from producing the evidence which he was called upon to produce by that authority or officer;
      3. where the appellant was prevented by a sufficient cause from producing before the authority or officer any evidence, which is not relevant to any of the ground of appeal;
      4. where the authority or officer has made the order or issued the notice without giving sufficient opportunity to the appellant or adduce relevant to any of the grounds of appeal.
    2. No additional evidence shall be admitted under Sub-rule (1) unless the tribunal records in writing the reason for its admission.
    3. The tribunal shall not take any additional evidence produced under Sub-rule (1)  unless the respondent has been allowed a reasonable opportunity:
      1. to examine the evidence or documents or to cross-examine the witness produced by the appellant, or
      2. to produce any evidence or any witness in rebuttal of the evidence produced by the appellant under Sub-rule (1)
    4. Nothing contained in the rule shall affect the person of the tribunal to direct the production of any document, of the examination of any witness, to enable the tribunal to dispose of the appeal.
  13. Order of the tribunal: Every order of the Tribunal shall be signed and dated under the seal of the Tribunal.
  14. Supply of the copies of the orders to practice: Every order passed in appeal or an application, shall be communicated to parties or their authorised representatives.
  15. Order and directions in certain cases: The Tribunal may, notwithstanding any of the foregoing provisions, give such order or give such directions, as may be necessary or expedient to secure the ends of justice.
  16. Language of the Tribunal:
    1. The language of the tribunal shall be English: Provided that the parties to proceedings before the tribunal, may file documents drawn up in Hindi,  if they so desire: Provided further that the tribunal may in its discretion permit these of hindi in its proceedings so however, that the final order shall be in English
    2. Notwithstanding anything contained in Sub-rule (1), the Tribunal may pass such order in hindi, as and which it deems fit: provided that every order shall be accompanied by a translation in English of the same, duly attested by the Tribunal.
  17. Awarding of damages and costs:
    1. The tribunal may award damages not exceeding 50,000
    2. The tribunal may award costs not exceedings Rs. 500 each time for the purpose as mentioned in Rule 12
    3. The costs of appeal, or its final disposal, may be awarded by the tribunal at its discretion, which shall not exceed Rs. 5,000
    4. The costs and/or damages awarded by the tribunal shall be recoverable under the provisions of the Acts as arrears of tax as provided in the Acts.
  18. Copying fee:
    1. Copying fee shall be charged at the rate of two rupees for the first two hundred words or fraction thereof and one rupee for every additional one hundred words or fraction thereof.
    2. Except in cases where copies are supplied free under the rules or instructions for the time being in force, the scale of fee to be charged for the supply of copies urgently shall be twice the rate specified in Sub-rule (1)
    3. Copying fee shall be payable Im cash in advance
    4. No fee is required to be paid by any departmental authority connected with the matter in question before the Tribunal
    5. The amount calculated according to the scale prescribed in Sub-rule (1) shall be retained by the Registrar as copying  fee and the surplus amount if any, deposited by the party shall be refunded to him at the time of supplying the copy: Provided that the party shall, if the amount deposited by him is not sufficient to copying fee, pay the deficit before taking delivery of copy.
    6. If the registrar feels any doubt about the property of granting a copy of any document, he shall place the application before the tribunal for orders.
    7. Persons who are not parties to any application, may be supplied with the copy of any order or document only under orders of the tribunal and on payment of the copying fee as the case may be.
    8. All copies shall be certified by the registrar.
  19. No fee for inspection of records: No fee shall be charged for inspecting the records of a pending application by a party thereto.
  20. Seal of the Tribunal: The official seal of the tribunal shall be such as the central government may specify