Andhra Pradesh State Transport Appellate Tribunal Rules, 1989

{
    "id": 14802,
    "slug": "andhra-pradesh-state-transport-appellate-tribunal-rules-1989",
    "title": "Andhra Pradesh State Transport Appellate Tribunal Rules, 1989",
    "short_title": "Andhra Pradesh State Transport Appellate Tribunal Rules, 1989",
    "act_number": "Published vide G.O.Ms.No.126, Transport, Roads & B",
    "act_year": 1989,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh State Transport Appellate Tribunal Rules, 1989",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title:",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions:",
            "chapter": null,
            "content": "(i) 'Act' means the Motor Vehicles Act, 1988 (Central Act 59 of 1988) ;\n(ii) 'Appeal' means the memorandum of appeal to the Appellate Tribunal filed under Section 89 of the Act ;\n(iii) 'Court' means the place where the Tribunal holds its sitting;\n(iv) 'Form' means form appended to these rules ;\n(v) 'Party' means the appellant or the applicant and includes his pleader ;\n(vi) 'Pleader' means pleader as defined in sub-section (1-5) of Section 2 of the Code of Civil Procedure, 1908 ;\n(vii) 'Presiding Officer' means the Presiding Officer of the State Transport Appellate Tribunal ;\n(viii) 'Rules' means the Andhra Pradesh Motor Vehicles Rules, 1989.\n(ix) 'Revision Application' means an application to the State Transport Appellate Tribunal filed under Section 90 of the Act ;\n(x) 'Secretary' means the person who is, for the time being discharging the functions of the Secretary to the Tribunal;\n(xi) 'State Representative' means an Officer appointed by the State Government to receive on behalf of the Regional Transport Authorities and State Transport Authority notices issued by the Tribunal and generally to appear, act and plead on their behalf in all proceedings before the Tribunal and includes an Officer appointed to act on his behalf in his absence ;\n(xii) ' Tribunal' means the State Transport Appellate Tribunal, Andhra Pradesh ;\n(xiii) Words and expressions used but not defined in these rules shall have the meanings assigned to them in the Andhra Pradesh Motor Vehicles Rules, 1989.\nChapter-II\nHead Quarters",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Headquarters:",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Office Hours:",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Language:",
            "chapter": null,
            "content": "Chapter III\nAppeals and Revision Applications\n6.\n(ii) When an appeal or an application is presented by a Pleader, it shall be presented with a Vakalat duly accepted.\n(iii) Every Vakalat shall be stamped with a Court fee Stamp of Rs. 3/-.\n(b) Every such appeal or application shall be madezin accordance with the provisions of the Act and the rules and shall be accompanied by bank draft drawn on any scheduled bank for Rs. 200/- in respect of taxis and auto rickshaws and Rs. 300/- in all other cases towards the fee for an appeal or application and a process fee at the rates prescribed by the Post & Telegraphs Department to the nearest rupee for service of notices by Registered Post with Acknowledgement Due for each of the respondents to the appeal or the revision application referred under Section 89 or 90 as the case may be.\n(c) In every appeal or revision application, in addition to the successful parties before the appropriate authority, the Regional' Transport Authority or the State Transport Authority or the Secretary of either Authority, as the case may be, shall also be made respondent.\n7.\nRegistration of Appeals and Revisions Applications\nRegistration of Appeals and Revisions Applications\n8.\n(i) Whether the person presenting it has an authority to do so ,;\n(ii) Whether it conforms to the provisions of the Act and the rules; and\n(iii) If the Secretary finds that the appeal or application does not conform to the requirement of the Act or rules, he shall cause it to be returned by making an endorsement on the same and calling upon the appellant or the revision applicant to remedy the defect or defects within seven days and cause it to be entered in the remarks column of the Register in Form No. 1 and paste it on the notice board of the Tribunal.\n(b) If the defect or defects are not remedied within the period allowed, the Secretary shall make a report to that effect to the Presiding Officer who may reject the appeal or the revision application, as the case may be and fix a date for hearing the matter giving due notice of such hearing to the party in Form-IV and the State representative, if any.\n(c) On the date so fixed, the presiding Officer may after hearing the party and the State representative, pass order directing the registration of revision or its rejection. Where the appeal or revision is rejected, the Tribunal shall record its reasons for doing so.\n(d) If the Secretary is satisfied that the appeal or revision application is presented properly, he shall cause the particulars of the same to be entered in the Register in Forms H and III respectively. Such entries shall be numbered in every year according to the order in which they are registered:\n9.\n10.\n11.\n(b) Every such application shall be supported by an affidavit.\n(c) Along with every such application, the party shall also furnish as many copies of the affidavit and application as there are respondents.\n12.\n(a) the Tribunal may, by order, stay or suspend the operation of the impugned order temporarily without notice to the respondent or respondents ; and\n(b) the Tribunal may order notice to the respondent or respondents and after giving an opportunity of being heard to both the parties, either confirm or vacate the order suspending or staying the operation of the impugned order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "13",
            "title": "13. Procedure after Registration of Appeal or Revision:",
            "chapter": null,
            "content": "Chapter IV\nHearing, Adjournment and Judgment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "14",
            "title": "14. Procedure of Hearing, Adjourning:",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "15",
            "title": "15. Additional Evidence:",
            "chapter": null,
            "content": "(a) if the authority from whose order the appeal or application is preferred has refused to admit evidence which ought to have been admitted, or\n(b) if the party seeking to adduce additional evidence satisfies the Tribunal that such evidence, notwithstanding the exercise of due diligence, was not within his knowledge or could not be produced by him at or before the time when the order under appeal was posted ; or\n(c) if the Tribunal requires any documents to be produced or any witnesses to be examined to enable it to pass just orders ; or\n(d) for any other sufficient reason, the Tribunal may allow such evidence or documents to be produced or witnesses examined :\n(ii) If the Tribunal is of opinion that any witness should be examined in connection with any case before it, it may instead of examining him before itself, issue a commission to the concerned Regional Transport Authorities or the State Transport Authority as the case may be, or to an Advocate or such other suitable person as it may deem fit, in the circumstances of the case.\n16.\n(b) Where the person to be summoned is a public servant, the party shall along with the application for summons, before summons is granted, pay before the Secretary a sum of money as appears to the Tribunal to be sufficient to defray travelling and other expenses of the person summoned for coming to the Tribunal and going back and for one day's attendance.\n(c) Where the person to be summoned is not a public servant, it shall be the duty of the party who takes out the summons, to produce the witness or cause production of the documents and where he fails to produce them, it shall be deemed that he has given up the claim for additional evidence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "17",
            "title": "17. Adjournment:",
            "chapter": null,
            "content": "(b) An application for adjournment shall be presented with an affidavit of the party or a person acquainted with the facts of the case.\n(c) Each application for an adjournment shall be stamped with a Court fee of Rs. 2/- and notice of the application shall also be given to the respondents.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "18",
            "title": "18. Procedure in case of death of an appellant or an applicant:",
            "chapter": null,
            "content": "(b) No abatement by reason of death after hearing:- Notwithstanding anything contained in sub-rule (a) of this rule there shall be no abatement of an appeal or revision application by reason of the death of any party between the conclusion of the hearing and passing of the order but the order may, in such a case, be passed notwithstanding the death and shall have the same force and effect as if it had been passed before the death took place.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "19",
            "title": "19. Determination of legal representative:",
            "chapter": null,
            "content": "(b) Setting aside abatement: -  Whenever an order of abatement has been passed in a case where the appellant or revision applicant has died, his legal representative, in a case where the respondent has died, the appellant may within sixty days from the date of such order apply to the Tribunal for setting aside the abatement and the Tribunal may on sufficient cause being shown to its satisfaction set aside the abatement and proceed with the appeal or revision application.\n(c) Condonation of delay: -  Where an application under Clause (b) has been filed after more than sixty days from the date of the Order, the Tribunal may condone the delay on a separate application filed for the purpose when the delay is properly explained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "20",
            "title": "20. Order:",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "21",
            "title": "21. Return of documents:",
            "chapter": null,
            "content": "(b) The parties may apply after six months from the date of the order with an undertaking to the effect that the documents shall be produced whenever the Tribunal calls for the same and in such a case, the documents may be returned to the parties.\nChapter V\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "22",
            "title": "22. Copies of documents and orders on payment of fee:",
            "chapter": null,
            "content": "(ii) Application for copies or for inspection of documents shall be in Form VII or VIII as the case may be, and shall set out the name and address of the applicant in full, the date and description of the document or order of which a copy is required or sought to be inspected and the purpose for which it is required. Any application which is not in the proper form shall be returned for representation in proper form.\n(iii) A Court fee stamp of the value of 25 paise shall be affixed to every such application for inspection or for copies.\n(iv) (a) Certified copies of documents or orders shall be prepared on a foolscap paper with one in charge in on either side and typed in double space.\n(b) Certified copies of documents or orders shall be delivered by the Secretary to the party concerned on payment of fee specified in Clause (c) towards the cost of preparing the copies.\n(c) A fee of Re. 1/- shall be collected for every page of a certified copy.\n(v) If the Secretary feels any doubt about the propriety of granting the copy of any document he shall place the application before the Presiding Officer and act in accordance with his orders.\n(vi) Notwithstanding anything contained in this rule, copies of orders shall be supplied to the Transport Authorities impleaded as respondents and the Secretary, State Transport Authority free of cost.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "23",
            "title": "23. Service of Notice:",
            "chapter": null,
            "content": "(b) Where the Tribunal is satisfied that the addressee is evading service or that it is not possible to serve the notice in the ordinary way, it may direct that the notice may be sent to the last known address by registered post and a copy of the notice shall be affixed on its notice board and shall be deemed to be sufficient to hold that the notice was duly received.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "24",
            "title": "24. Maintenance of Registers:",
            "chapter": null,
            "content": "(b) All applications for copies of documents or orders on registration shall be entered in the Register in Form No. X and numbered seriatim.\n(c) All applications for inspection of documents on registration shall be entered in the Register in Form XI and numbered seriatim.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "25",
            "title": "25. Refund of Fees:",
            "chapter": null,
            "content": "(i) the full fee paid, where the fee was paid by mistake or in a manner not prescribed in sub-rule (b) of Rule 6 ;\n(ii) the excess amount where the amount paid is in excess of the prescribed fee; and\n(Tii) the full fee paid, where the payment of fee is not followed by an appeal or revision application for which the fee was paid.\nForm No. I\nForm No. I\n[See Rule 8 (a)\nSerial No. in the register\nNature of the document and reference to connected\n\t\t\t\tcase\nCourt Fees in Stamps/or Challan\nRemarks\nDate\nCourt Fees\nChallan No. date and S.B.\nDate of return\nDate of representation\nDate of Registration\nRs. Ps.\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\n(7)\n(8)\nForm No. II\nForm No. II\nAppeals\nAppeals\n[See Rule 8 (d)]\nNo. of Appeal\nFrom what Court with number of the case in that\n\t\t\t\tCourt\nName and rank of applicant in the Lower Court\nOrder appealed against and law under which it was\n\t\t\t\tpassed\nPresentation and Registration\nDate of Hearing\nOrder\nResult\nActual number of days intervening between\n\t\t\t\tinstitution and disposal\nDate of delivery of record from record room with\n\t\t\t\trecord keeper's initials\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nForm No. III\nForm No. III\nRevisions\nRevisions\n[See Rule 8 (d)]\nNumber of revision application\nFrom what Court with number of the case in that\n\t\t\t\tCourt\nName and rank of R.A. in the Lower Court if not\n\t\t\t\tinstituted suo motu\nOrder impugned and law under which it was passed\nPresentation and Registration\nDate of Hearing\nOrder\nResult\nActual number of days intervening between\n\t\t\t\tinstitution and disposal\nDate of delivery of record from record room with\n\t\t\t\trecord keeper's initials\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nForm No. IV\nForm No. IV\n[Form of notice to be given in case the Tribunal decides to hear the Party Under Sub-Rule (B) of Rule 8]\nThe State Transport Appellate Tribunal, Andhra Pradesh, Hyderabad\nThe State Transport Appellate Tribunal, Andhra Pradesh, Hyderabad\n(By Order)\nSecretary\nForm No. V\nForm No. V\nNotice\nNotice\n[See Rule 13]\nThe State Transport Appellate Tribunal, Andhra Pradesh, Hyderabad\nThe State Transport Appellate Tribunal, Andhra Pradesh, Hyderabad\n(By Order)\nSecretary\nNote:\nForm No. VI\nForm No. VI\n[See Rule 16 (a)]\nThe State Transport Appellate Tribunal, Andhra Pradesh, Hyderabad\nThe State Transport Appellate Tribunal, Andhra Pradesh, Hyderabad\nNotices:\nForm No. VII\nForm No. VII\n(Form of application for copy of the documents or order under Rule 22)\nSignature of the applicant\nForm No. VIII\nForm No. VIII\n(Form of application for inspection of documents under Rule 23)\nSignature of the applicant\nRegister No. IX\nRegister No. IX\nMiscellaneous Petitions\nMiscellaneous Petitions\n[See Rule 24(a)]\nSl. No.\nNumber of the Miscellaneous petitions & No.\n\t\t\t\tof appeal or revision Application\nDate of institution\nDate of disposal\nResult\nActual number of days Intervening between\n\t\t\t\tinstitution and disposal\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\nRegister No. X\nRegister No. X\nCopy Application Register\nCopy Application Register\n[See Rule 24(b)]\nDate of Registration\nCopy application No.\nNumber of suit or case and designation of Court\nName of applicant\nDescription of paper\nCopy when ready\nAmount of fee deposited in cash\nDate of delivery of copy\nSignature of party\nSignature of Secretary\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\n(7)\n(8)\n(9)\n(10)\nRegister No. XI\nRegister No. XI\nApplication of Documents\nApplication of Documents\n[See Rule 24(c)]\nDate of representation\nNo. of application\nNo. of case and designation of Court whose record is sought to\n\t\t\t\tbe inspected\nName of applicant\nDescription of paper\nWhen ' document inspected\nAmount fee deposited\nSignature of party\nSignature of Secretary\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\n(7)\n(8)\n(9)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        }
    ],
    "metadata": {
        "Act ID": "AP180",
        "Act Number": "Published vide G.O.Ms.No.126, Transport, Roads & Buildings (Transport-IA,11th May, 1990, Published in A.P. Gazette, Part-1 (Extraordinary) (R.S.), dated 18-5-1990.",
        "Enactment Date": "",
        "Act Year": "1989",
        "Short Title": "Andhra Pradesh State Transport Appellate Tribunal Rules, 1989",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}