No. MAT/MUM/I/1996, dated 1st September, 1996. - In the exercise of powers conferred by section 23 of the Contempt of Courts Act, 1971 (70 of 1971) read with section 17 of the Administrative Tribunals Act, 1985 (13 of 1985) and all other powers enabling it in this behalf, the Maharashtra Administrative Tribunal hereby makes the following rules to regulate the proceedings under the said Act, namely :-

1. Short title :- (i) These rules may be called the Maharashtra Administrative Tribunal (Contempt of Courts) Rules, 1996.

(ii) These rules extend to whole of Maharashtra.

(iii) They shall come into force on the first day of September, 1996.


2. Definitions : - In these rules unless there is anything repugnant in the subject or context, -

(a) "Act" means the Contempt of Courts Act, 1971.

(b) 'Form' means the forms set out in the appendix to these rules;

(c) 'Member' means a Member, whether 'Judicial' or 'Administrative' and includes Chairman and Vice-Chairman;

(d) 'Registrar' means Registrar of the Maharashtra Administrative Tribunal or it is Benches, where the contempt proceedings are taken and shall include Joint Registrar or Deputy Registrar;

(e) 'Section' means a Section of the Act;

(f) 'Tribunal' means the Maharashtra Administrative Tribunal constituted under the Administrative Tribunal Act, 1985 or the Bench thereof; where the proceedings are taken cognizance of;

(g) Words and expressions not defined in these rules shall have the meaning assigned to them in the Act.

3. Contemtp in the presence of the Tribunal : -

(i) Where the contempt is committed in view or presence or hearing of the Tribunal, contemner may be punished by the same Bench of the Tribunal before which it is committed, either forthwith or on such date as may be appointed by the Tribunal in that behalf.

(ii) Pending determination of the charge, the Tribunal may direct that the contemner shall be detained in such custody as it may specify ;

Provided that, the contemner may be released on bail on such terms as the Tribunal may direct, In this regard, the provisions of rule 11 shall apply.

4. Cognizance.  : - In a contempt other then the contempt referred to in rule 3 of the Tribunal may take action -

(i) Suo motu; or

(ii) on a petition made by Advocate General or Chief Presenting Officer for the State Government; or

(iii) with the permission of the Tribunal on a petition made by any person :

Provided that, for considering the question whether or not, the Tribunal should take cognizance on a petition, the Tribunal may direct a notice before admission to be issued to the alleged contemner and the Tribunal may permit him to file his say in the matter or may hear him on oral submissions:

Provided further that, in the case of a suo motu action initiated by the Tribunal such a notice before admission shall be given in writing and it shall be accompanied by a draft of statement of allegations containing facts on the basis of which a contempt is alleged to have been committed.

5. Registration of petition :

(i) Every petition or motion for taking proceedings under the Act shall be registered as Contempt Petition (Civil) in respect of Criminal Contempt ;

(ii) In proceedings, initiated on a petition, the initiator shall be described as the petitioner and the opposite party as the respondent and in other cases the description of the persons proceeded against shall be as follows :-

In re

.............................................................son of ...................................................................................................

occupation...........................................................................................resident of ................................................

6. Form of Petition : Every petition under rule 5 shall be in a paper book form and shall contain :-

(i) name, description and place of residence of the petitioner or petitioners and of the person or persons charged ;

(ii) nature of contempt alleged and such material facts including the date or dates of the commission of the alleged contempt, as may be necessary for the proper determination of the petition;

(iii) if a petition has previously been made by him on the same facts, the petitioner shall given details of the petition previously made and shall indicate the result thereof;

(iv) the petition shall be supported by an affidavit;

(v) where the petitioner relies upon document in his possession, or power, he shall file such documents or true copies thereof with the petition.

(vi) no fee shall be payable on a petition or any document filed in the proceedings; and

(vii) the petitioner shall file three copies of the petition in paper book form.  Where the number of respondents in more then one equal number of extra paper books shall be filed.

7. Initiation of proceedings :

(i) Any petition, information or motion for action being taken under the Act, shall in the first instance be placed before the Chairman, in the case of Principal Bench and the concerned Vice-Chairman, in the case of other Benches.

(ii) The Chairman or the concerned Vice-Chairman or such other Member(s) as may be designated by him for this purpose, shall determine the expediency or propriety of taking an action under the Act.

8. Admission :

(i) Where the Chairman, in the case of Principal Bench, or the concerned Vice-Chairman, the case of other Benches, or such other Member(s) of the Tribunal to whom the matter is referred under rule 7, sub-rule (ii) decides that the action shall be taken under the Act against the alleged contemner, a case shall be registered and numbered as per rule 5 in the register in Form No. I and the Register shall cause -

(a) a notice to be issued to the Advocate General or the Chief Presenting Officer for the State Government in Form II when the case is taken cognizance of suo motu: and

(b) also a notice be issued to the alleged contemnor in Form III to appear before the Tribunal in person in case or criminal contempt or through an Advocate in case of civil contempt on a date to be specified therein to show cause against such proceedings.

(ii) A copy of any order made under sub-rule (i) and such other papers as may be deemed necessary by the Chairman or the concerned Vice-Chairman or the Member(s) who taken the decision under rule 7, shall accompany such notice ;

(iii) When action is instituted on a petition, a copy of its petition alongwith the annexures and affidavits shall be served upon the party charged.

(iv) The notice shall bear the date, seal of the Tribunal and shall be issued under the signature of the Registrar.

9. Compelling attendance :

(i) The notice of every petiti9on or motion under the Act shall be served personally on the person charged unless the Tribunal for reasons to be recorded directs otherwise'

(ii) The Registrar may issue fresh notice, if he considers service of notice is not sufficient;

(iii) If the Registrar considers service to be sufficient and the alleged contemner does not appear on the date fixed for his appearance, the petition shall be posted for orders of the Tribunal;

(iv) The Tribunal, if satisfied that the persons charged is absconding or is likely to abscond or is keeping or is likely to keep out of the way to avoid service of notice or if he fails to appear in person or continues to be absent may order the issue of bailable or non-bailable warrant of his arrest to one or more Police Officers or the District Magistrate or the Chief Judicial Magistrate of the District in the manner laid down in section 70 to 81 of the Code of Criminal Procedure;

(v) In additiona to it in lie of the warrants as specified in sub-rule (iv), the Tribunal may also, in a case of criminal contempt, order attachment of his property under sub-section (3) and (4) of section 17 of the Act.

10. Presence of alleged contemner : Unless ordered otherwise by the Tribunal, whenever a notice is issued under these rules, the alleged contemner shall appear -

(a)  personally in the case of criminal contempt; and

(b) personally or through an advocate in the case of civil contempt at the time and place specified in the otice and continue to attend on subsequent hearing also to which the petition may be adjourned.

11. Release on bail :

(i) Where an alleged contemner appears or is produced, while in custody at any stage of proceedings before the Tribunal and is required to give bail, such persons shall be released on bail, on a bond for such sum of money as the Tribunal thinks fit/sufficient, with or without sureties, on condition that such person shall attend, at the time and place mentioned in the bond and shall continue to attend until otherwise directed by the Tribunal :

Provided that, the Tribunal may, if it thinks insteaqd of taking bail from such person, release him on his executing a bond without sureties for his attendance as aforesaidor without such a bond.

(ii) Notwithstanding anything contained in sub-rule(i), where a person fails to comply with the conditions of the bail bond as regards the time, place and attendance, the Tribunal may refuse him bail on subsequent occasion in the same case when he appears before the Tribunal or brought in custody and such refusal shall be without prejudice tothe powers of the Tribunal to call upon any such person bond by such bond to pay penalty thereon.

(iii) The provisions of sections 436 to 450 of the Code of Criminal Procedure, 1973 (Act II of 1974) shall apply to all the bonds executed under these rules.

12. Procedure on forfeiture of the bond : If any bond given for appearance of the alleged contemner has been forfeited due to absence of the alleged contemner, the Tribunal may, after giving opportunity to the alleged contemner or the surety, as the case may be, levy the whole or any part of the amount mentioned in the surety bond, as penalty and direct the same to be recovered as if it was a fine imposed on the alleged contemner.



13. Right to be defended by Legal Practitioner : Every person against whom proceedings are initiated under the Act, may as of right, be defended by a Legal ) Practitioner of his choice.


14. Objections of the alleged contemner : When the alleged contemner appears in person or through an advocate, he shall be called upon to file a statement of his objections if any, which may be in the form of an affidavit ;

Provided that, when the alleged contemner is produced in custody he shall be questioned, whether he has received the notice and copies of the papers mentioned in rule 8, sub-rule(ii) or not, and if he has not received them, he shall be furnished copies thereof and granted sufficient time to file the statement of his objections -

(a) The person alleged may file his reply duly supported by affidavit or affidavits alongwith document on which he relied;

(b) No further affidavit or documents shall be filed except with the leave of the Tribunal.

15. Inquiry and charge in case of criminal contempt :

(i) Upon considering the objections stated by the alleged contemner and after hearing the parties, the Tribunal may proceed to charge him, if in its opinion, a prima facie case has been made out, and shall discharge him if no such case has been made out.

(ii) If the Tribunal so thinks fit, the charge shall be in writing and in Form No. IV, it shall state precisely and concisely all material particulars constituting the offence charged.

(iii) The charge shall be explained to the alleged contemner and if in writing, a copy of the same may be furnished to him free of cost.

(iv) The Tribunal may record the plea of the alleged contemner and if necessary, adjourn the case for further proceedings.

16. Production of evidence : Before the adjourned date of hearing, the petitioner and the alleged contemner may file in the Tribunal any documents, statements and affidavits, either of them wishes to rely upon. The Tribunal may in its discretion examine or permit any witness to be examined by any of the parties :-


(a) The Tribunal may either suom motu or on motion made for that purpose order the attendance for cross-examination of a person whose affidavit has been filed in the matter.


(b) The Court may make orders for the purpose of securing the attendance of any person to be examined as a witness and for discovery or production of any document.


17. Trial of the alleged contemner :

(i) In the case of a criminal contempt, on the date fixed for trial or any adjourned date, the Tribunal may proceed to examine witnesses, if any, for the petitioner, and after the petitioner has closed his evidence, the Tribunal shall examine the alleged contemner generally on the case in the manner provided in section 313 of the Code of Criminal Procedure and record his statement.

(ii) Thereafter, the Tribunal shall call upon the alleged contemner to enter upon his defence and examine the witnesses, if any, tendered on his behalf whether or not, the witness is named in any list filed by him.

(iii) After examination of the witnesses and hearing arguments, if any, the Tribunal shall pronounce judgment.

(iv) In case of civil contempt, uponj considering the objections stated by the alleged contemner, upon considering the affidavits and documents on record, and after hearing the parties or arguments on their behalf, the Tribunal shall pronounce the judgment.

18. Expenses of witnesses :

(i)

Where any person is summoned by the Tribunal to appear as a witness in any proceedings under the Act, the expenses of such witnesses as determined by the Tribunal shall be borne by the party who has cited him as a witness.

(ii) Where the Tribunal summons any witness other than the witness cited by he parties, his expenses as determined by the Tribunal shall be paid by the Registrar from the contingency funds.

19. Oath not to be administered : No oath shall be administered to an alleged contemner in these proceedings unless he tenders himself as a witness :-

(a) The Tribunal may appoint a lawyer or may direct the Advocate General to assist.

20. Discharge of alleged contemner :  If the Tribunal does not find the alleged contemner guilty, it shall discharge him regarding an order to that effect at any stage of the proceedings.


21. Execution of sentences :

(i) If the Tribunal finds the alleged contemner guilty and awards any sentence of imprisonment other then imprisonment till the rising of the Tribunal, the Registrar shall issue a warrant in Form 'V' committing him to prison. The warrant shall be addressed to the Superintendent, Central Prison or District Prison, as the case may be.

(ii) If the Tribunal awards sentence of the fine and the fine amount is not paid at once or within such time as may be granted by Tribunal, the Registrar shall take action as laid down under section 421 of the Code of Criminal Procedure for the recovery of the same.

(iii) The report of action taken by the Superitendent of Central Prison or Superintendent of District Prison to whom the warrants under sub-rule (i) might have been addressed shall be filed in the records of the case.

22. Procedure on apology :

(i)If at any time during the pendency of the proceedings and thereafter before the execution of the sentence, the contemner tenders an apology, the same shall be placed for orders of the Tribunal at once, with the records of the case :

(ii) If the Tribunal accepts the apology, further proceedings shall be dropped and the warrant, if any issued, shall be recalled by an order in Form 'VI'.

23. Costs :

(i) The Trinbunal may award costs as it deems fit in the circumstances of the case.

(ii) The costs so awarded shall be recovered in the same manner as fine imposed under the Act.

24. Grant of certified copies and inspection : The procedure for the grant of certified copies of orders, proceedings and rules regarding inspection of records as are applicable to the Applications under the Administrative Tribunals Act, 1985, shall apply mutatis mutandis to the grant of certified copies of orders, proceedings and to inspection of records.

25. Contempt proceedings initiated under rule 5 shall be heard by a Division Bench.