THE CYBER REGULATIONS APPELLATE TRIBUNAL (PROCEDURE) RULES, 2000

(2) Where an application has been heard ex-parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfy the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing when the application was called on for hearing, the Tribunal may make an order setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the application:

Provided that where the ex-parte hearing of the application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also:

Provided further that Tribunal shall not set aside ex-parte hearing of an application merely on the ground that there has been an irregularity in the service of notice, if it is satisfied that the respondent had notice of the date of hearing and had sufficient time to appear and answer the applicant’s claim.

Adjournment of application.—

The Tribunal may on such terms as it deems fit and at any stage of the proceedings adjourn the hearing of the application.

Order to be signed and dated.—

Every order of the Tribunal shall be in writing and shall be signed and dated by the Presiding Officer.

Publication of orders.—

Such of the orders of the Tribunal as are deemed fit for publication in any report or the press may be released for such publication on such terms and conditions as the Tribunal may lay down.

Communication of orders to parties.—

Every order passed on an application shall be communicated to the applicant and to the respondent either in person or by registered post free of cost. –

No fee for inspection of records.—

No fee shall be charged for inspecting the records of a pending application by a party thereto.

Orders and directions in certain cases.—

The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect or in relation to its orders or to prevent abuse of its process or to secure the ends of justice.

Registration of legal practitioners clerks.—

(1)-A clerk employed by a legal - practitioner and permitted as such to have access to the records and to obtain copies of the orders of the Tribunal in which the legal practitioner ordinarily practices shall be known as a “registered clerk”.

(2) A legal practitioner desirous of registering his clerk shall make an application to the Registrar in Form 2.

(3) A legal practitioner shall have at a time not more than two registered clerks unless the Registrar by general or special order otherwise permits.

(4) A register of all the registered clerks shall, be maintained in the- office of the Registrar and after registration of the clerk, the Registrar shall direct the issue of an identity card to him which shall be non transferable and shall be produced by the holder upon request by an officer or any other employee of the Tribunal.

(5) The identity card mentioned in sub-rule (4) shall be issued under the signatures of the Registrar of the Tribunal.

(6) Whenever a legal practitioner ceases to employ a registered clerk, he shall notify the fact at once to the Registrar by means of a letter enclosing therewith the identity card issued to his clerk and on receipt of such letter the name of the said registered clerk shall be struck off from the register.

Working hours of the Tribunal.—

Except on Saturday, Sunday and other holidays, the offices of the Tribunal shall, subject to any order made by the Presiding Officer, remain open daily from 10.00 a.m. to 5.00 p.m. but no work, unless it is of an urgent nature, shall be admitted after 4.30 p.m. on any working day.

Sitting hours of the Tribunal.—

The sitting hours of the Tribunal shall ordinarily be from 10.30 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Chairman.

Powers and functions of the Registrar.—

(1) The Register shall have the custody of the records of the Tribunal and shall exercise such other functions as may be assigned to him under these rules or by the Presiding Officer.

(2) The Registrar may, with the approval of the Presiding Officer, delegate to another officer of the Tribunal any functions required by these rules to be exercised by the Registrar.

(3) In the absence of the Registrar, officer of the Tribunal authorised in writing by the Presiding Officer in his behalf may perform or exercise any of the functions and powers of the Registrar.

(4) The Registrar shall keep in his custody the official seal of the Tribunal.

(5) The Registrar shall, subject to any general or special direction by the Presiding Officer, affix the official seal of the Tribunal on any order, notice or other process.

(6) The Registrar shall have the power to authorise in writing the affixing of the seal of the Tribunal on a certified copy of any order of the Tribunal.

Additional powers and duties of Registrar.—

In addition to the powers conferred elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special order of the .Presiding Officer namely:—

(i) to receive all applications and other documents including transferred applications;
(ii) to decide all questions arising out of the scrutiny of the applications before they are registered;
(iii) to require any application presented to the Tribunal to be amended in accordance with the Act and the rules;
(iv) subject to the directions of the Tribunal, to fix dates of hearing of the applications or other proceedings and issue notices thereof;
(v) to direct any formal amendment of records;
(vi) to order grant of copies of documents to parties to the proceedings;
(vii) to dispose of all matters, relating to the service of notices of other processes, applications for the issue of fresh notices or for extending the time therefore;
(viii) to requisition records from the custody of any court or other authority;
(ix) to receive applications for the substitution of legal representatives of the deceased parties, during the pendency of the application;
(x) to receive and dispose of applications for substitution, except where the substitution would involve setting aside an order or abatement; and
(xi) to receive and dispose of application by parties for return of documents.

Seal and emblem.—

The official seal and emblem of the Tribunal shall be such as the Government may specify.