R E G D .NO.D.L.

-33004/92

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 367] NEW DELHI, TUESDAY, SEPTEMBER 8, 1992/BHADRA 17, 1914

Separate Paging is given to this Part in order that it may be filed as a

separate compilation

2270 GI/92 (1)

2 , THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]
3
4 THE GAZETTE OF INDTA : EXTRAORDINARY [PART IT—SEC. 3(i)]
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 6 THE GAZETTE OF INDTA : EXTRAORDINARY [PART TI—SEC. 3(i)]

other powers enabling it in this behalf and in super-

session of oil rules on Ihe subject, the Ccaiial
Administrative Tribunal hereby rmakes the following
rules to regulate the proceedings under the said Act:
1. Short title and Commencement1.—(i) These rules
may be called 'Contempt of Courts (CAT) Rules,
1992'.
(ii) They shall come into force on the date of
their publication in Ihe Official Gazette.

2. Definitions—In these rules unless there is any-

thing repugnant to the subject or context:—
(a) 'Act' means the Contempt of Courts Act',
1971 (Act 70 of 1971);
(b) 'Code' means the Code of Criminal
Procedure;
(c) 'Form' means the form set out in the appen-
dix to these rules;
(d) 'Member' means a Member, whether
'Judicial' or 'Administrative' and includes
Vice Chairman and Chairman.
(e) 'Registrar' means Registrar of the Central
Administrative Tribunal or its Benches
where the contempt proceedings are taken
and shall include Joint Registrar arfdi Deputy
Registrar, and the Section Officer authorised
to discharge the functions of the Registrar;
(f) 'Section' means a section of the Act;
(g) 'Tribunal' means the Central Administrative
Tribunal constituted under the Administra-
tive Tribunals Act, 1985 or the Bench
thereof, where the proceedings are taken
congnizance of;
(h) Words and expression not defined in these
rules shall have the same meaning as defined*
in the Act.
3. Form ol Motion.—Every motion for initiating
action for contempt of the Tribunal shall be hi the
form of a petition described as 'Contempt Petition
(Civil)' in respect of Civil Contempt and "Contempt
Petition (Criminal)' in i-espect of Criminal Contempt.
4. Parties to the Proceedings.—The party who
presents the petition shall be described as the 'Peti-
tioner' and the alleged conlemner shall be described
as the 'Respondent'.
5. Contents of the Petition.—The petition shall set
CENTRAL ADMINISTRATIVE TRIBUNAL out the- following particulars :
(Contempt of Courts) Rules 1992 (i) (a) Name (including as far as possible the
name of the father|mother|husband, age)
NOTIFICATION occupation and address of :
New Delhi, the 8th September, 1992 (i) the petitioner; and
G.S.R. 757(E).—In exercise of powers conferred (ii) the respondent.
by Section 23 of the Contempt of Courts Act, 1971 If the alleged contemner is , an officer,
(70 of 1971) read with Section 17 of the Administra- he shall be described by riitrne and
tive Tribunals Act, 1985 (Act 13 of 1985) and all designation.
 1

(b) provision oi the Act invoked and the nature Registrar, registered and numbered in the
of the contempt, 'Civil' or 'Criminal'; Registry and then placed before the Bench
for preliminary hearing.
(c) the grounds and material facts constituting
the alleged contempt including the date ot (li) Every petition for 'Criminal Contempt' made
alleged contempt, divided into paragraphs1, in accordance with these rules and every in-
numbered consecutively, along with suppor- formation other than a petition, for initiating
ting documents or certified | photostat action for criminal contempt under the Act
(at'estcd) copies of the originals thereof; on being scrutinised by the Register shall
first be placed on the administrative side
(d) the nature of the order sought from the before the Chairman in the case of the
Tribunal; Principal Bench and the concerned Vice
Chairman in the case of other Benches or
(e) if ii petition has previously been made by such other Member as may be designated
him on the same factv, the details, particu- by him for this purpose and he cosiders is
lars and the result thereof; expedient and proper to take action under
(f) the petition shall be supported by an the Act, the said petition or information shall
affidavit verifying the facts relied upon be registered and numbered in the Registry
except when the motion is by the Attorney and placed before the Bench for preliminary
General or the Solicitor General or the hearing.
Additional Solicitor General;
(in) When suo motu action is taken, the statement
(g) every petition shall be signed by the peti- of facts constituting the alleged contempt
tioner and his Advocate, if any, and shall and copy of the draft charges shall be pre-
show the place and date; pared and signed by the Registrar before
placing them for preliminary hearing,
(h) draft charges shall be enclosed in a separate
sheet; 8. Preliminary hearing and Notice :—(i) The Bench
if satisfied that a prima facie case has been
(i)_ in the case of 'Civil Conte/npt' certified copy made out, may direct issue of notice to the
of the judgment, decree, order, writ or respondent; otherwise, it shall dismiss the
undertaking alleged to have been disobeyed petition ,pr drop the proceedings.
uhall be filed along with the petition;
(ii) The notice shall be in Form No. 1 and shall
' (j) where the petitioner relies upon any other be accompanied by a copy of the petition or
documents in hjs possession, or power, he information, and unnexures if any, thereto.
shall file them aloni* with the petition;
(iii) Service of notice shall be effected in the
(iD in the case of 'Criminal Contempt' of the manner specified in the Central Administ-
Triburial other than a contempt referred to rative Tribunal (Procedure) Rules, 1987 oi
in Section 14 of the Act, the petitioner shall in such other manner as may be directed by
state whether he has obtained the consent the Bench. ' .
of the Attorney General or the Solicitor
General or the Additional Solicitor General 9. Compelling attendance :
and if so, produce the same, if not the
reasons thereof; (i) The Tribunal may, if it ha s reason to be-
lieve, that the respondent is absconding or
Hii) the petitioner shall file three complete sets is otherwise evading service of notice, or
of the petition including the annexures in has failed to appear in person in pursuance
paper book form, duly indexed and pagina- of the notice, direct a warran;, bailable or
ted. Where the number of respondents is non-bailable, for his arrest, addressed to
more than one, equal number of extra paper one or more Police Officers or may orde-
books shall be filed: red attachment of property belonging to
such person. The warrant and the writ of
(iv) No fee shall be payable on a petition or any attachment shall be issued under the signa-
document filed in the nroceedongs. ture of the Registrar. The warrant shall be
h Form No. IT and shall be executed as
6, Taking cognizance.-—Every proceeding for con- far as mav be, in the manner provided for
tempt shall be dealt with by a Bench of not less than execution of warrants under ihe Code.
two Members.
(ii) The warrant shall be executed by the Officer
Provided where the contempt is alleged to have or Officers to whom it is directed and may
been committed in view of, presence or hearing of also be executed by any other Police Officer
the Member) (s), ihe same shall be dealt with by the whose name is endorsed upon the warrant
Member|(s) in accordance with Section 14 of the by the Officer to whom it "is directed or
Act'. endorsed.
7. Initiation of proceedings.—(i) Every petition (iii) Every person who is arrested and detained
for 'Civil Contempt' made in accordance shall, if he cannot be produced before the
with these rules shall be scrutinised by the Tribunal within twenty-four hours of arrest
s THE GAZETTE OF INDIA .EXTRAORDINARY [PART II—SEC. 3(i)]

excluding the time necessary for the journey (d) if the respondent pleads guilty, the Tribunal
from the place of arrest to the Tribunal, be may adjudge him guilty and proceed to pass
produced befoie the nearest Magistrate such sentence as it deems fit;
within the said period, who may authorise
detention till such person is produced before (e) if the respondent pleads not guilty, the case
the Tribunal. may be taken up for trial on the same day
or posted to any subsequent date as may be
(iv) Every person who is arrested and detained directed by the Tribunal.
when produced before the Tribunal, may
be released on bail on a bond for such a 14. Assistance in the conduct of proceedings.—-The
sum of money as the Tribunal thinks suffi- Attorney General | Solicitor Gencral|Addl. Solicitor
cient with or without sureties, with the con- General, or any other Advocate as may be designated
dition that the person so released shall attend by the Tribunal shall appear and assist the Tribunal
the Tribunal at the time and place mention- in the conduct of the proceedings against the respon-
ed in the bond and shall continue to so dent.
attend until otherwise directed by the Tri- 15. Procedure for trial.—(i) Except as otherwise pro-
bunal : vided in the Act and these rules, the procedure pres-
Provided that the Tribunal may, if it thinks fit, cribed for summary trials under Chapter XXI of the
instead of taking bail from such person, re- Code shall as far as practicable be followed in the
lease him on personal bond for his attend- trial of cases for contempt,
ance. The Provisions of the Code shall, so
(ii) The Tribunal may, at its discretion, direct that
far as may be, aply to all arrests made and
evidence be produced in the form of affidavits.
bonds executed under the Rules.
(hi) The Tribunal may, either suo motu or on
10. Appearance of the Respondent : Unless ordered
motion made for that purpose, order the attendance
otherwise by the Tribunal, whenever a notice is issued
for cross-examination of a person whose affidavit has
under these rules, the Respondent shall appear in
been filed in the matter.
person in the ase a 'criminal contempt' and in
person or through an Advocate in the case of 'civil (iv) The Tribunal may, at its discretion, direct any
contempt', at the time and"place specified in the notice person to be examined as Tribunal witness.
and continue to attend on subsequent dales to which
the petition is posted. (v) The Tribunal may make such order as it deems
fit for the purpose of securing the attendance of any
11. Reply by the Respondent : The Respondent may person to be examined as a witness and for discovery
.file his reply duly supported by an affidavit on or or production of any document.
bofore the first date of hearing or within such ex-
tended time as may be granted by the Tribunal. 16. Expenses of witneses.—(i) Where any person
is summoned by :he Tribunal to appear as a witness
12. Right to be defended by an Advocate : Every in any proceedings under the Act, the expenses of such
person against whom proceedings are initiated under witless as may be d e t e r r n ined by the Tribunal shall
the Act, may as of right be defended by an Advocate be borne by the party who has cited him as a witness.
of his choice.
(ii) Where the Tribunal summons any witness other
13. Hearing or the case and trial : Upon conside- than the witnesses cited by the parties, his expenses
ration of the reply filed by the Respondent and after as determined by the Tribunal shall be paid h/ the
hearing the parties" Regitrar from the funds for contingencies.
(a) if the respondent has tendered an uncondi- 17. Execution of sentence.—(i) If the respondent
tional apology after admitting that he has is found guilty and is sentenced to imprisonment
committed the contempt, the Tribunal may other than imprisonment till rising of the Tribunal,
proceed to pass such orders as it deems fit; a warrant of commitment and detention .shall be
(b) if the respondent does not admit that he has made out in Form No. IV under the signature of
committed contempt, the Tribunal may— the Registrar Every such warrant shall remain in
force until it U executed or cancelled by order of
(i) if it is satisfied that there is a prima facie the Tribunal. The Superintendent of Ja ; l specified
case proceed to frame the charge in Form i i the order shall, in pursuance of the warrant,
No. Til (subject to modification or addi- detain the contemner in cus'.odv for the period
tion by the Tribunal at any time); or specified therein subject to aicri further direction as
the Tribunal may give.
(ii) drop rhc proceedings and discharge the res-
pondent, if it is satisfied that there is no (i) When the Tribunal awards a sentence of fine
nrima facie case, or that it is not expedient and rhe fine amount •is not Daid at once or within
to proceed. such time as may be granted by the Tribunal, the
(c) the respondent shall be furnished with a Registrar shall take action in any one of the WP/^S
copy of the charge framed, which shall be provided in Section 421 of the Code,
read over and explained to the respond- (iiii Warrants to be issued under sub-rule (ii)
ent. The Tribunal shall then record his shall be in Form No. V and VI, as th e case may
plea, if any; be.
 9

(iv) The report of the action taken by the Super- Whereas information is Iaid'a petition is filed]
intendent of the Jail or the Police Officer or District motion lis made by that you
Collector io whom the warrant under sub-rule (iii) (here rnentioa the gist of the accusation made in
m'ght have been addressed shall be filed in the re- the information |petition | motion)-
cord-: of the case.
And whereas a petition has been registered for
IS. Execution of processes.—Processes issued by action being :aken against you under the Contempt
ihe Tribuial Fhall, except a", otherwise specifically of Courts Act, 1971;
proivded, be executed ty/ the Superintendent of
Pc!ice'Covnmict,ion?r oi Police, as the cpse may be. You are hereby required to appear in porboc or
through -'i duly authorised advocare" on da1/
1
I1), '~roc;du:c 01 forfeiture of the Bond.—If any of at and on jutae-quen dates
borH givai for appearance ut the Respondent is to which ahe proceeding are adjourned, unless
fo uitert due to his ab'enje, the Trihunal may, otharwre ordered by th? Tribunal, aid show cause
af;er giving opj>orlunity to the Respondent or the why such actioi as is deemed fit uuder the Cont-
surety, as the case may be, lev1/ the whole or any empt of Courts Ad., 1971 s'lould not be taken
part nf the amomt mention'd jn thi sur^'Ly bond, against you.
as penalty aid direoi the same to be rccoeived as
if it WCTC a fine imposid on the Respondent|.surety Given under my hand and the seal of this Tri-
under the Code. bunal, this day of 19....
Seal
20. Apology at anv stage of the proceedings.—
T
Registrar
(i) f at any :ime du'ing the pendency of the pro-
ceedings, the contermer tenders an apologv, the Central Administrative Tribunal.
same •-hall be placed expenditiously for orders of *Strike off whichever is not applicable.
the bench,
RFOM NO. II
(-•'[} T the Tribunal accepts the poojogy. further
proceedings shall be dropped. [See Rule 9(i)l
21 Co-,<sv—-(i) The Tribunal may award costs as Warrant of Arrest.
it deerrb fit in the circumstances of the case.
IN THF CENTRAL ADMINISTRATIVE
(iit The COM •> so awarded shall be recovered in the TRIBUNAL
same manner as a fine imposed under the Code (Name of th c Bench) Place.
22. Application of other Rul^i of .he T ^ b - i . a : . - Contempt Petition Civil|Crminal No. -
iTn m^tterc not specifically provided for in these
rubs, the procedure prescribed in the relevant rules Petitioner :
of the Tr'bunal as amended from time to time shall Vs.
mutatis mu'ar.dis apply to proceeding? under these
rules. Respondent :
To
23. Application to pending proceedings.—These
rules shall as far as practicable r o pending proceedings.
[SI. No. I|46I86-JA]
(Name, designation and address of the Officerls
D. C. VERMA, Registrar authorised to execute the warrant).
Whereas Shri|Smt of is
FROM NO i. charged wi:h committing contempt of fh' 1'ibunal,
[See Rule 13 (b) (i)] you arc hereby di'rccted to arrest the s a i d
and to produce him | her before this Tri-
Notice 'to Respondent bunal.
IN THE CENTRAL ADMINISTRATIVE Herein fail not.
TRIBUNAL (If the Tribunal has issued R bailable warrant, the
(Name of the Bench) Place following endorsement shall be made on the war-
rant) .
/Contempt Pl?titfon Civil|Crinvnal No.
If th e said shall give bail in the sum of
Petitioner Rs with one surety iti the
Vs. sum of Rs (or '.wo sfnities eac in the
sum of Rs ) to r/qnd before this
Respondent _ Tribunal on ':he day oi 19 . . .
(her^ mention Che name and addres s of the person and to continue so to attend until otherwise directed
to whoni not'ee is being sent"). by This Tribunal, he may be released.
2270 GT|92—2
 10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(0]

Givea under my band and the seal of the Tri- Whereas the Central Administrative Tribunal . . .
bunal this ds}y of 19 Bench has on this . . . . day of . . . .adjudged . . .
Seal. (name|description of the contemner) guilty
Registrar of wilful contempt of the Tribunal and sentenced to
Central Administrative Tribunal undergo simple imprisonment for (here
specify the term) and|or to pay a fine of Rs
FROM NO. Ill and in default of payment of fine to undergo simple
[See Rule 13 (b) (i)] Imprisonment for (specify tht
period).
CHARGE
This i s to authorise and rcquir o you, the Super-
IN THE CENTRAL ADMINISTRATIVE
TRIBUNAL intendent of the Jail, to receive the
(Name of the Bench) Place. said (name of the contcmner) into your custody,
Contempt petition Ciivl|Criminal No.—— together w'.:n this warrant and keep him safely in
the said jail for the said period or for such period
Petitioner :
a s may hcreinafcr be fixed by the order of ;his Tiir-
Vs. bunal and intimated to you. You are directed to
Respondents : return 'this warrant with tin endorsement certifying
Central Arimbistra'ive Tribunal Bench the manner of its execution.
hereby charges you (name of the Your are further directed that while the said . . . .
alleged coalemner) as under :—•
as in 'your custody, produce the said . . . . heforo
That you, on or about day of this Tribunal at all times when the Tribunal so
a
* (here give the gist of th o material directs.
allegedly constituting contempt) and there-
by committed ilic contempt of ihis Tribunal punish- Given under my hand and seal of he Tribunal
able mder Section (here give the this day of
relevant section of the Contempt of Courts Act.
1971), Within our cognizance. Sea).
You are hercrV directed to be tried by flu's Tri- Registrar
bunal for the afroesaid charge.
Central Administrative Tribunal
Signature of the Hon'ble members
WARRANT FORATTACHMENT OF MOVABLES
The charge was read over and explained to the FORM NO. V
alleged cora'emner and his plea was recorded as
wndcr : [See Rule 17 (ii) & (iii)]
(1) Do you plead guilty to the charged? IN THE CENTRAL ADMINISTRATIVE
Answer :
TRIBUNAL
(2) Do you have anything else to say?
(Name of the Bench) Place
Answer :
Contempt Petition Civil|Criminal No.-—-. —
Signature of the alleged contemner
Petitioner
Signatures of the Hon'ble
Member! s presiding over Vs.
tha Bench. Respondent
WARRANT OF COMMITMENT TO PRISON To
FORM NO. IV
ISee Rule 17(i)|
(Name of the Bench) Pkc* (Name and designation of the Police Officer or other
Contempt petition civil|Criminal Nb. officer authorised to execute the warrant).
Petitioner : —- _____
Vs. Whereas the Central Administrative Tribunal on
Respondent^ : (this day) has adjudged (name and descrition of the
To contemner) guilty of wilful contempt of Tribunal and
sentenced to pay a fine of Rs. . and
The Superindenderit whereas the said (name) although required
(Name of the Jail) to pay the said fine has not paid the same or any
place. part thereof.
 n
This is to authorise and require you to attach any To
moveablc property belonging to the said
,name) which may be found within the district of... The District Collector|Dy. Commlssiouer
., and if within (state tht District,
number of days or hours allowed) next after such
attachment, the said sum shall not be said to bell Whereas the Central Administrative Tribunal on
the moveahle property attached or so much thereof, (this day) has adjudged (name and description of thb
as shall be sufficient to satisfy the said fine, returning eontemner) guilty of wilful contempt of Tribunal and
this warrant, with nn endorsement certifi/ing that you sentenced to pay a fine of Rs. -———— and
have done under it, immediately upon its execution. whereas the said. (name)
although required to pay the said fine has not paid
Given under my hand and the seal of the Tribunal
fhe said fine|the sura of being
this.. day of... 19....
the part thereof.
Seal.

Registrar
This is to authorise and require you to realise the
Central Administrative Tribunal.
amount by execution according to civil process against
the movable or immovable property or both of the
WARRANT OF ATTACHMENT RY DISTRICT
tespondeut aforjiaid in the manner provided by Sec-
COLLECTOR | L|Y. COMMISSIONER
tion 42] of the Code of Criminal Procedure, 1973.
FORM NO. VI
[See Kulc 17 (ii) & (iii)l This order shall be deemed to be a decree and you
the decree bolder within the meaning of the Code of
IN THE CENTRAL ADMINISTRATIVE
Civil Procedure, 908 and thu order shal be execut-
TRIBUNAL able as such decree.
(Name of the Bench) Place
Given under my hand and the seal of this Court,
Contempt Petition Civil)Criminal No. — • •• —
this day of 19
Petitioner
VsL Seal- Registrar
Respondent Central Administrative Tribunal

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