The Appellate Tribunal for Forfeited Property (procedure ) Rules, 2018




GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules – The Appellate Tribunal for Forfeited Property (procedure ) Rules, 2018– Notification -
Orders –Issued.
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ENVIRONMENT, FORESTS, SCIENCE & TECHNOLOGY (Section-II) DEPARTMENT
G.O.MS.No. 57 Dated: 21-05-2018
 Read the following:-
1. The Andhra Pradesh Forest (Amendment) Act, 2016 (A.P. Act No.15 of 2016) published in
the Extraordinary issue of the Andhra Pradesh Gazette No.15, Part IV-B, Dated. 19-5-2016.
2. From the Principal Chief Conservator of Forests & HoFF, A.P., Lr.Rc.No. 1547/2018/Legal
cell (6), Dt.2-2-2018.


*****
ORDER :
The following notification will be published in an Extra-ordinary issue of the Andhra
Pradesh Gazette, dated. 25- 05 -2018.
Notification
In exercise of the powers conferred by sub-section (1) of section 60J read with section 68
of the Andhra Pradesh Forest Act, 1967 (Act No. 1 of 1967) and of all other powers hereunto
enabling the Government of Andhra Pradesh hereby makes the following Rules for procedure to
be adopted for the functioning of the Appellate Tribunal for Forfeited Property
RULES
1. Short title and commencement.—
(1) These rules may be called the Appellate Tribunal for Forfeited Property (Procedure) Rules,
2018.
(2) They shall come into force at once.
2. Definitions.—In these rules, unless the context otherwise requires,—
(a) “Act” means the Andhra Pradesh Forest Act, 1967 (Act No. 1 of 1967)
(b) “appeal” means an appeal filed under sub-section (1) of section 60-K of the Act;
(c) “appellant” means a person who, being aggrieved by an order made by the competent
authority, prefers an appeal to the Tribunal and includes the authorized representative of the
appellant;
(d) “authorized representative” means—
 (i) in relation to an appellant,—
 (A) any person being a relative of the appellant and authorized in writing by the
 appellant to attend before the Tribunal; or
 (B) a legal practitioner entitled to practice in any civil court in India, who is
 authorized in writing by the appellant to attend before the Tribunal; or
 (C) an accountant, being a member of the Institute of Chartered Accountants of India
 constituted under section 3 of the Chartered Accountants Act, 1949 ( Act No 38 of 1949)
 or the Institute of Cost and Works Accountants of India constituted under section 3 of the
 Cost and Works Accountants Act, 1959 ( Act No 23 of 1959), who is authorized in
 writing by the appellant to attend before the Tribunal; or
(ii) in relation to a competent authority who is a party to any proceedings before the Tribunal,—
 (A) a Law Officer of the State Government;
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 (B) a Government Pleader or Standing Counsel to the State Government by
 whatever name called;
 (C) any officer of the State Government notified in this behalf by the State
 Government by notification in the Official Gazette;
 (D) any legal practitioner or officer of the State Government authorized in this behalf
 by the State Government or the competent authority;
 (E) any other legal practitioner or officer of the State Government acting on behalf
 of the person so notified or authorized;
(e) “Bench” means a Bench of the Tribunal constituted under sub-section (1) of section 60-J of
the Act;
(f) “Chairman” means the Chairman of the Tribunal;
(g) “competent authority” means Principal Chief Conservator of Forests (Head of Forest Force)
of the State of Andhra Pradesh;
(h) “legal representative” means a person who in law represents the estate of a deceased person,
and includes any person treated by the Tribunal as representing the deceased person in the
proceedings pending before the Tribunal;
(i) “member” means member of the Tribunal and includes the Chairman;
(j) “party” in relation to an appeal means an appellant or the respondent, and the expression
“parties” shall be construed to mean the appellant and the respondent;
(k) “Registrar” means the Registrar of the Tribunal and includes such other officer who is
authorized by the Chairman to perform the functions of the registrar;
(l) “section” means a section of the Act;
(m) “Tribunal” means the Appellate Tribunal for Forfeited Property, constituted by the State
Government under sub-section (1) of section 60J of the Act.
3. Language of the Tribunal.—
(1) The pleadings before the Tribunal may, at the option of the respective parties, be in English
or in Telugu.
(2) All orders and other proceedings of the Tribunal may, at the option of the Tribunal, be in
English or in Telugu.
4. Headquarters of the Tribunal, etc.—
(1) The Headquarters of the Tribunal shall be at Amaravati, Guntur District of Andhra Pradesh.
(2) Appeals and petitions may be heard at the Headquarters or at the discretion of the Chairman,
at any other place.
(3) The office of the Tribunal shall observe such public and other holidays as are observed by the
offices of the State Government.
5. Procedure for filing appeals and petitions.—
(1) Any person aggrieved by an order of the competent authority made under section 60C,
section 60-F, sub-section (1) of section 60G or section 60H may prefer an appeal to the Tribunal;
and every memorandum of appeal shall be in the form annexed to these rules.
(2) A memorandum of appeal shall be in English or in Telugu and shall set forth concisely and
under distinct heads the grounds of appeal without any argument or narrative and such grounds
shall be numbered consecutively.
(3) Every memorandum of appeal or petition shall be in quadruplicate; and in the case of a
memorandum of appeal it shall be accompanied by four copies of the order appealed against, one
of which shall be either a certified copy of such order or the order served on the appellant.
(4) The address given at serial number 5 of the form appended to these rules as referred to in
sub-rule (1) shall be called the “registered address” of the appellant and shall until duly changed
by an application to the Tribunal be deemed to be the address of the appellant for the purpose of
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the service of all notices, processes and other communications in the appeal and other connected
proceedings till the final determination of the appeal and a period of three months thereafter.
(5) In every appeal, the competent authority which passed the order appealed against, shall be
impleaded as one of the respondents.
(6) A memorandum of appeal shall be presented by the appellant in person, or when there are
more appellants than one by any of them, or by his authorized representative, to the registrar or
such other officer as may be authorized in this behalf by the Chairman, or may be sent by
registered post addressed to the Registrar.
Explanation.—In this sub-rule, the expression “authorized representative” shall include any
person in the employment or a legal practitioner or an accountant who is authorized to appear on
behalf of the appellant.
(7) When a memorandum of appeal is sent by registered post, the date of receipt of the said
memorandum at the office of the Tribunal shall be the date of filing of the appeal and the
registrar shall on every memorandum of appeal, endorse the date on which it is presented or
received at the office of the Tribunal and shall sign the endorsement.
(8) When an appeal is presented after the expiry of forty-five days of the receipt of the order
served upon the appellant but not after sixty days, it shall be accompanied by an application,
supported by an affidavit, setting forth the facts on which the appellant relies to satisfy the
Tribunal that he had sufficient cause for not preferring the appeal within forty-five days.
(9) Every petition presented to the Tribunal, including a petition for stay, other than petitions of a
formal or routine character, shall be accompanied by an affidavit as also four copies of such
documents as are relied upon in support of the petition.
6. Procedure for registration of appeals.—
(1) Every memorandum of appeal filed within forty-five days of service of the order of the
competent authority, being in the form annexed to these rules and otherwise in order, shall be
registered in a book kept for the purpose called the Register of Appeals and the registrar shall
intimate the appellant or his authorized representative accordingly.
(2) If a memorandum of appeal filed under sub-rule (1) is defective, but the defects are minor or
technical in character, the registrar may register the appeal provisionally and call upon the
appellant to remove the defects within such time as may be specified and upon the defects being
removed within such specified time, the registration shall cease to be provisional and the appeal
shall be deemed to have been regularly registered under sub-rule (1).
(3) When a memorandum of appeal is presented after the expiry of forty-five days but within a
period of sixty days after the date of service of the order of the competent authority, and is
otherwise in order, and is accompanied by a petition for condonation of delay, it shall be
numbered and registered provisionally subject to the delay being condoned by the Tribunal.
Notice of the application for condonation of delay may be given to the respondent, and after
hearing the parties, the Tribunal may condone the delay on being satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time. The registration of the appeal shall
then cease to be provisional and the appeal dealt with as though it has been registered under subrule
(1).
(4) When the memorandum of appeal is presented after the expiry of forty-five days but within a
period of sixty days after the date of service of the order of the competent authority, and is not
accompanied by a petition for condonation of delay, the Registrar may register the appeal
provisionally and call upon the appellant to file a petition for condonation of delay within such
time, as may be specified, and in the event of such a petition being received, it shall be treated as
having been received along with the memorandum of appeal and the appeal dealt with in the
manner prescribed in sub-rule (3).
(5) When the defects are not removed or a petition for condonation of delay is not filed within
the time specified in that behalf, the matter shall be placed before the Tribunal for its orders.
(6) Where a memorandum of appeal is defective in material particulars, the registrar may return
the memorandum of appeal specifying the defects to the appellant, or may intimate in writing
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those defects. On receipt of the memorandum of appeal from the registrar the appellant may
within thirty days of its receipt re-submit the memorandum of appeal with defects duly removed
or in case of the memorandum of appeal having not been returned to him and defects only having
been intimated may appear himself or through Counsel before the Registrar and remove those
defects within thirty days. The memorandum of appeal submitted thereafter if found in order
may be registered.
(7) When a memorandum of appeal on the face of it appears to have been filed more than sixty
days after the date of service of the order of the competent authority on the appellant, the appeal
shall not be registered but the appellant shall be called upon by the Registrar to show cause why
the appeal should not be dismissed as being out of time.
(8) Every petition for condonation of delay and every memorandum of appeal filed out of time
shall be placed before the Chairman who may direct the petition/appeal to be posted before the
Tribunal for its orders.
7. Procedure after registration of appeal.—
(1) After an appeal is registered one copy of the memorandum of appeal and annexures thereto
shall be served, as soon as possible, on the competent authority either by registered post
acknowledgement due, or through a messenger and the parties shall be called upon to file their
paper-books within a period of thirty days from the date of receipt of the notice or such further
time as may be allowed.
(2) Each party shall file four copies of his paper-book which shall—
(i) be legibly typed or otherwise reproduced by mechanical means;
(ii) contain all documents upon which the party proposes to rely during the course of hearing;
(iii) contain only such documents and material as have been referred, produced or relied upon,
before the competent authority;
(iv) have page number serially; and
(v) contain a full index or table of contents.
(3) If the paper-book referred to in sub-rule (2) contain any document in a language other than
English or Telugu a true translation thereof in English or Telugu shall be added.
(4) The parties shall be informed of the date and place of hearing of the appeal either by
registered post acknowledgement due or by notice served on them through messenger: `
Provided that where the parties or their authorized representatives are present before the
Tribunal, it may inform them orally of the date and place of hearing of the appeal.
(5) Any petition for summoning witnesses or documents filed by a party may be heard, if
necessary, after giving notice to the other party.
(6) Every requisition, direction, letter, authorisation or written notice to be issued by the Tribunal
shall be signed by the Registrar and shall be sent by registered post acknowledgement due or
through a messenger.
8. Joint hearing and disposal of appeals.—The Tribunal may, whenever it considers necessary
or expedient to do so, hear one or more appeals together and dispose of them by a common
order.
9. Grounds which may be taken in appeal.—The appellant shall not, except with the leave of
the Tribunal, urge or be heard in support of, any ground not set forth in the memorandum of
appeal but the Tribunal, in deciding the appeal shall not be confined to the grounds set forth in
the memorandum of appeal or taken with the leave of the Tribunal under this rule:
 Provided that the Tribunal shall not rest its decision on any ground other than the grounds
set forth in the memorandum of appeal unless the party which may be affected thereby has had a
reasonable opportunity of being heard on that ground.
10. Adjournment.—The tribunal may adjourn the hearing of any case to any other date and
inform the parties or their authorized representatives appearing on their behalf of the next date
and place of hearing of the case.
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11. Dismissal of appeal for appellant’s default.—Where on the day fixed for hearing or on any
other day to which the hearing may be adjourned, the appellant or his authorized representative
does not appear when the appeal is called on for hearing, the Tribunal may either dismiss the
appeal for default or proceed ex parte:
 Provided that where the appeal has been dismissed for default or proceeded with ex parte
and the appellant appears thereafter and satisfies the Tribunal that there was sufficient cause for
his non-appearance when the appeal was called on for hearing, the Tribunal shall, after giving
notice to the respondent, make an order setting aside the dismissal order or the ex parte
proceedings and restoring the appeal to its original number.
12. Effect of death, insolvency, etc., on appeal.—
(1) An appeal shall not abate by reason only of the death of an appellant or on his adjudication as
an insolvent.
(2) The Tribunal may on an application made in this behalf by a legal representative of a
deceased appellant make him a party and proceed with the appeal.
(3) When no application is made within ninety days of the death of an appellant or within such
further time as the Tribunal may allow for bringing his legal representative on record, the appeal
shall abate.
(4) On the insolvency of an appellant, the appeal may be continued by the assignee or the
receiver for the benefit of creditors and if the assignee or the receiver fails to continue the appeal,
the Tribunal may on its own motion or on an application by the respondent, dismiss the appeal.
13. Remand of case by the Tribunal.—
(1) The Tribunal may, whenever it considers it necessary, set aside an order of the competent
authority and remand the case to the competent authority for fresh determination in the light of
such directions as it may give.
(2) The Tribunal may if it considers necessary at any stage of the proceedings call for a report or
finding from the competent authority on such matters as it may specify.
(3) A copy of any such report or finding referred to under sub-rule (2) shall be furnished to the
parties and they shall be heard thereon before the Tribunal pronounces final orders.
14. Production of additional evidence before the Tribunal.—
(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or
documentary, before the Tribunal, where—
(a) the competent authority from whose order the appeal is preferred has refused to admit
evidence which ought to have been admitted, or
(b) the party seeking to produce additional evidence, establishes that notwithstanding the
exercise of due diligence, such evidence was not within his knowledge or could not, after the
exercise of due diligence, be produced by him at the time when the order appealed against was
passed, or
(c) the Tribunal requires any document to be produced or any witnesses to be examined to enable
it to pronounce orders, or for any other substantial cause, or
(d) the Tribunal is satisfied that the competent authority has decided the case without giving a
reasonable opportunity to the appellant to adduce evidence on any point, it may allow such
evidence or document to be produced, or witness to be examined.
(2) Wherever additional evidence is allowed to be produced by the Tribunal, it shall record the
reason for its admission.
15. Hearing of appeals.—The place in which the Tribunal sits for the purpose of hearing
appeals shall be deemed to be an open court, to which the public generally may have access so
far as the same can conveniently contain them:
 Provided that the Tribunal may, if it thinks fit, order at any stage of the hearing of an
appeal, that the public generally, or any particular person, shall not have access to, or be or
remain in, the room or building used by the Tribunal.
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16. Pronouncement of order.—After the hearing is over, the Tribunal may pronounce its order
forthwith, or it may reserve its order and if the orders are reserved, the Tribunal may at any time
before final orders are pronounced either on its own motion or on the application of a party order
that the appeal or petition be re-heard.
17. Order to be communicated to parties.—Every order of the Tribunal shall be in writing and
a copy of every final order of the Tribunal certified as a true copy by the registrar shall be
supplied free of cost to the parties as early as possible.
18. Signing of orders.—
(1) Where the decision of the Tribunal is unanimous, a common order shall be signed by all the
Members of the Tribunal.
(2) A Member who does not concur with the decision of the majority may deliver a dissenting
order.
(3) Where there is a difference of opinion, the decision shall be in accordance with the decision
of the majority of Members of the Tribunal.
(4) The decision of the majority shall be reduced to writing and signed by all the members
including the dissenting member.
19. Publication of orders.—Such of the orders of the Tribunal as are deemed fit for publication
in any authoritative report or the press may be released for such publication on such terms and
conditions as the Tribunal may lay down.
20. Orders and directions in certain cases.—Notwithstanding anything contained in these
rules, the Tribunal may make such orders or gives such directions as may be necessary or
expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of
justice.
The Appellate Tribunal for Forfeited Property (Procedure) Rules, 2018
Form
(See rules 5 and 6)
BEFORE THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY,
AMARAVATI, GUNTUR DISTRICT
MEMORANDUM OF APPEAL
Under Section 60-K (1) of the Andhra Pradesh Forest Act,1967
F.P.A. No./M.P. No..................................of......................20.........
(To be filled up by the office of the Appellate Tribunal)
In the Matter of
Shri / Smt..................................................................................,Appellant;
Vs.
(i) The Competent Authority, Forest department, Andhra Pradesh
(ii) Other respondents, if any............................
1. Authority passing the order appealed against: Competent Authority, Forest Department,
Andhra Pradesh Proceedings no.
2. Date of the order.
3. Date of service of the order.
4. Specify whether a hearing in person or through an authorised representative is desired.
5. Registered address of the appellant (including telephone No., if any, for the service of all
notices, processes and communications).
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6. Address of the Respondent: (i) The competent Authority, Forest Department, Andhra
Pradesh
(ii) Other respondents, if any.
7. Section or sub-section of the section of Andhra Pradesh Forest Act,1967 under which the
Competent Authority passed the order and which is appealed against:
8. Relief claimed: (i) Specify whether the entire order is disputed:
 (ii) If only certain items of properties are disputed, enumerate them in an annexure:
9. Ground of appeal (Annex a separate sheet if space is not sufficient).

(Signature of Appellant)
 (Signature of Authorised Representative, if any)
Verification
I,................................................................,the appellant / authorised representative of the
appellant, do hereby declare that what is stated above is true to the best of my knowledge,
information and belief. Verified today the.............................day of.......................,20..........
Place..................................
Date.................................. ................. (Signature of the appellant or his authorised
representative)
Notes.—(1) The memorandum of appeal should be filed in quadruplicate accompanied
by four copies of orders appealed against (one of which shall be a certified copy of the
order appealed against or the original copy of it served on the appellant). Any enclosure
will also be in quadruplicate.
(2) The memorandum of appeal should be written in English or in Telugu and should set
forth concisely and under distinct heads the grounds of appeal and should be without any
argument or narrative and such grounds should be numbered consecutively.
(3) It is enough if the memorandum of appeal is signed either by the appellant or the
authorised representative. Where it is signed by the authorised representative, it should be
accompanied by an authorisation of the appellant in his favour.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
 G.ANANTHA RAMU
 PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner of Printing, Andhra Pradesh
Government Regional Press Building,
1st Floor, Mutyalampadu, Vijayawada. (He is requested to furnish 50 copies to Government and
500 copies to the Principal Chief Conservator of Forests
& Head of Forest Force, Andhra Pradesh)
The Principal Chief Conservator of Forests & Head of Forest Force,
Andhra Pradesh, Guntur.
Copy to:
The Law (G) Department.
The P.S. to the Special Chief Secretary to the Hon’ble Chief Minister.
The P.S. to the Hon’ble Minister (FES&T)
// FORWARDED :: BY ORDER //
 SECTION OFFICER

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