THE
ADMINISTRATIVE TRIBUNALS ACT, 1985
An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of [any corporation or society owned or controlled by the Government in pursuance of Article 323A of the Constitution] and for matters connected therewith or incidental thereto.
An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of [any corporation or society owned or controlled by the Government in pursuance of Article 323A of the Constitution] and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year
of the Republic of India as follows:-
PRELIMINARY
1. Short title, extent and commencement – (1) This
Act may be called The Administrative Tribunals Act, 1985.
(2). It extends,
(a) in so far as it relates to the Central Administrative
Tribunal, to the whole of India:
(b) in so far as it relates to the Administrative Tribunals
for States, to the whole of India, except the State of Jammu and Kashmir.
(3). The provisions of this Act, in so far as they relate
to the Central Administrative Tribunal, shall come into force on such
date as the Central Government may, by notification, appoint.
(4). The provisions of this Act, in so far as they relate
to an Administrative Tribunal for a State, shall come into force in a
State on such date as the Central Government may, by notification, appoint.
2. Act not to apply to certain persons : The provisions
of this Act shall not apply to-
(a) any member of the naval, military or air forces or
of any other armed forces of the Union;
(b) Clause (b) omitted by Act 19 of 1986, sec. 3 (w.r.e.f.
1.11.1985).
(c) Any officer or servant of the Supreme Court or of any High Court [or
courts subordinate thereto;
(d) any person appointed to the secretarial staff of
either House of Parliament or to the secretarial staff of any State Legislature
or a House thereof of, in the case of a Union Territory having a Legislature,
of that Legislature.
3. Definitions - In this Act, unless the context otherwise
requires –
[(a)] “Administrative Member” means a Member
of a Tribunal who is not a
Judicial Member within the meaning of clause (i)]
Judicial Member within the meaning of clause (i)]
[(aa)] “Administrative Tribunal”, in relation
to a State, means the Administrative Tribunal for the State or, as the
case may be, the Joint Administrative Tribunal for that State and any
other State or States;
(b) “application” means an application made under section 19;
(b) “application” means an application made under section 19;
(c ) “appointed day”, in relation to a Tribunal,
means the date with effect from which it is established, by notification,
under section 4;
(d) “appropriate Government” means, -
(d) “appropriate Government” means, -
(i) in relation to the Central Administrative Tribunal
or a Joint Administrative Tribunal, the Central Government;
(ii) in relation to a State Administrative Tribunal,
the State Government ;
(e) “Bench” means a Bench of a Tribunal;
(e) “Bench” means a Bench of a Tribunal;
(f) “Central Administrative Tribunal” means
the Administrative Tribunal
established under sub-section(1) of section 4;
(g) “Chairman” means the Chairman of a Tribunal;
established under sub-section(1) of section 4;
(g) “Chairman” means the Chairman of a Tribunal;
(h) “Joint Administrative Tribunal” means
an Administrative Tribunal for two or more State established under sub-section
(3) of section 4;
[(i) "Judicial Member"” means a
Member of a Tribunal appointed as such under this Act, and includes the
[the Chairman] who possesses any of the qualifications specified
in sub-section (3)of section 6;
(ia) “Member” means a Member (whether Judicial
or Administrative) of a Tribunal, and includes the Chairman;]
(j) “notification” means a notification published
in the Official Gazette;
(k) “post” means a post within or outside
India;
(l) “prescribed” means prescribed by rules
made under this Act;
(m) “President” means the President of India;
(n) Clause (n) omitted by Act 19 of 1986, sec. 4 (w.r.e.f.
22.1.1986).
(o) “rules” means rules made under this Act;
(p) “service matters”, in relation to a person,
means all matters relating to the conditions of his service in connection
with the affairs of the Union or of any State or of any local or other
authority within the territory of India or under the control of the Government
of India, or, as the case may be, of any corporation [or society] owned
or controlled by the Government, as respects-
(i) remuneration (including allowances), pension and
other retirement benefits;
(ii) tenure including confirmation, seniority, promotion,
reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever;
(r ) “service rules as to redressal of grievances”,
in relation to any matter, means the rules, regulations, orders or other
instruments or arrangements as in force for the time being with respect
to redressal, otherwise than under this Act, of any grievances in relation
to such matters;
[(rr) “society” means a society registered
under the Societies Registration Act, 1860, (21 of 1860) or under any
corresponding law for the time being in force in a State;]
(s) “Supreme Court means the Supreme Court of India;
(s) “Supreme Court means the Supreme Court of India;
(t) “Tribunal” means the Central Administrative
Tribunal or a State Administrative Tribunal or a Joint Administrative
Tribunal;
(u) “"Vice-Chairman"” means a Member who has been
authorised by appropiate Government to perform administrative functions at
each of the places where Benches of the Tribunal have been set up.]
Explanation :- In the case of a Tribunal having two or
more Vice-Chairmen, references to the Vice-Chairman in this Act shall
be constructed as a reference to each of those Vice-Chairmen.
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
4. Establishment of Administrative Tribunal
(1) The Central Government shall, by notification, establish
an Administrative Tribunal, to be known as the Central Administrative
Tribunal, exercise the jurisdiction, powers and authority conferred on
the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of a request
in this behalf from any State Government, establish, by notification,
an Administrative Tribunal for the State to be known as the ………….(name
of the State) Administrative Tribunal to exercise the jurisdiction, powers
and authority conferred on the Administrative Tribunal for the State by
or under this Act.
(3) Two or more States may, notwithstanding anything contained in sub- section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act.
(3) Two or more States may, notwithstanding anything contained in sub- section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act.
(4) An agreement under sub-section (3) shall contain
provisions as to the name of the Joint Administrative Tribunal, the manner
in which the participating States may be associated in the selection of
the Chairman and other Members of the Joint Administrative
Tribunal, the places at which the Bench or Benches of the Tribunal shall
sit, the apportionment among the participating States of the expenditure
in connection with the Joint Administrative Tribunal and may also contain
such other supplemental, incidental and consequential provisions not inconsistent
with this Act as may be deemed necessary or expedient for giving effect
to the agreement.
[(5) Notwithstanding anything contained in the foregoing
provisions of this section or sub-section (1) of section 5, the Central
Government may, -
(a) with the concurrence of any State Government; designate,
by notification, all or any of the Members of the Bench or Benches of
the State Administrative Tribunal established for that State under sub-section
(2) as Members of the Bench or Benches of the Central Administrative Tribunal
in respect of that State and the same shall exercise the jurisdiction,
powers and authority conferred on the Central Administrative Tribunal
by or under this Act;
(b) on receipt of a request in this behalf from any State
Government, designate, by notification, all or any of the Members of Bench
or Benches of the Central Administrative Tribunal functioning in that
State as the Members of the Bench or Benches of the State Administrative
Tribunal for that State and the same shall exercise the jurisdiction,
powers and authority conferred on the Administrative Tribunal for that
State by or under this Act,
and upon such designation, the Bench or Benches of the
State Administrative Tribunal or, as the case may be, the Bench or Benches
of the Central Administrative Tribunal shall be deemed, in all respects,
to be the Central Administrative Tribunal, or the State Administrative
Tribunal for that State established upon the provisions of article 323A
of the Constitution and this Act.
(6) Every notification under sub-section (5) shall also
provide for the apportionment between the State concerned and the Central
Government of the expenditure in connection with the Members common to
the Central Administrative Tribunal and the State Administrative Tribunal
and such other incidental and consequential provisions not inconsistent
with this Act as may be deemed necessary or expedient.]
5. Composition of Tribunals and Benches thereof -
(1) Each Tribunal shall consist of a [Chairman and such
number of Judicial and Administrative Members] as the
appropriate Government may deem fit and, subject to the other provisions
of this Act, the jurisdiction, powers and authority of the Tribunal may
be exercised by Benches thereof.
[(2) Subject to the other provisions of this Act, a Bench
shall consist of one Judicial Member and one Administrative Member.]
[***] Sub-section (3) omitted by Act 19 of 1986, sec.
6 (w.r.e.f. 1.11.1985).
(4) Notwithstanding anything contained in sub-section
(1), the Chairman-
[(a) may, in addition to discharging the functions of
the Judicial Member or the Administrative Member of the Bench to which
he is appointed, discharge the functions of the Judicial Member or, as
the case may be, the Administrative Member, of any other Bench;]
(b) may transfer a Member from one Bench to another Bench;
[(c ) may authorize the Judicial Member or the Administrative Member
appointed to one Bench to discharge also the functions of the [Judicial
Member or the Administrative Member, as the case may be,] of another Bench; and’;]
(d) may, for the purpose of securing that any case or cases which, having
regard to the nature of the questions involved, requires or require, in
his opinion or under the rules made by the Central Government in this
behalf, to be decided by a Bench composed of more than [two Members] issue
such general or special orders, as he may deem fit:
[Provided that every Bench constituted in pursuance
of this clause shall include at least one Judicial Member and one Administrative
Member.]
(6) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorized by the Chairman in this behalf to function as [a Bench] consisting of a Single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify:
Provided that if at any stage of the hearing of any such
case or matter it appears to the Chairman or such Member that the case
or matter is of such a nature that it ought to be heard by a Bench consisting
of [two Members], the case or matter may be transferred by the Chairman
or, as the case may be, referred to him for transfer to, such Bench as
the Chairman may deem fit.
[(7) Subject to the other provisions of this Act, the
Benches of the Central Administrative Tribunal shall ordinarily sit at
New Delhi (which shall be known as the Principal Bench), Allahabad, Calcutta,
Madras, New Bombay and at such other places as the Central Government
may, by notification, specify.
(8) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.]
(8) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.]
6. Qualifications for appointment as Chairman, Vice-Chairman
or other Members-
(1) A person shall not be qualified for appointment as
the Chairman unless he is, or has been, a judge of a High Court.-
Provided that a person appointed as Vice-Chairman before the
commencement of this Act shall be qualified for appointment as Chairman if such
person has held the office of the Vice-Chairman at least for a period of two years.
(2) A person shall not be qualified for appointment -
(a) as an Administrative Member, unless he has held for at leat two years the post
of Secretary to the Government of India or any other post under the Central or State Government
and carrying the scale of pay which is not less than that of a Secretary to the Government of
India for at least two years or held a post of Additional Secretary to the Government of India for
at least five years or any other post under the Central or State Government carrying the scale of pay
which is not not less than that of Additional Secretary to the Government of India at least for a
period of five years:
Prvided that the officers belonging to All-India services who were or are on
Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional
Secretary, as the case may be, from the date such officers were granted proforma promotion or actual
promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be,
and the period spent on Central deputation after such date shall count for qualifying service for the
purposes of this clause;
(b) as Judicial Member, unless he is or qualified to be a Judge of a High Court
or he has for at least two years held the post of a Secretary to the Government of India in the
Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission
of India or held a post of Additional Secretary to the Government of India in the Department of Legal Affairs
and Legislative Department at least for a period of five years.
(3) The Chairman and every other Member of the Central Administrative Tribunal
shall be appointed after consultation with the Chief Justice of India by the President.
(4) [Subject to the provision of sub-section(3), the
Chairman] and every other Member of an Administrative Tribunal for a State shall be appointed by
the President after consultation with the Governor of the concerned State.
(5) [Subject to the provision of sub-section(3) and subject to the terms of the
agreement between the participating State Government published under sub-section(3) of section 4 of
principal Act, be appointed by the President after consultation with the Governors of the concerned States.
Explanation : In computing for the purpose of this section, the period during which a
person has held any post under the Central or State Government, there shall be included the period during
which he has held any other post under the Central or State Government (including an office under this Act)
carrying the same scale of pay as that of first mentioned post on a higher scale of pay.
7. Vice-Chairman to act as Chairman or to discharge his
functions in certain circumstances :
(1) In the event of the occurrence of any vacancy in
the office of the Chairman by reason of his death, resignation or otherwise,
the Vice-Chairman or, as the case may be, such one of the Members
as the appropriate Government may, by notification, authorize in this
behalf, shall act as the Chairman until the date on which a new Chairman,
appointed in accordance with the provisions of this Act to fill such vacancy
enters upon his office.
(2) When the Chairman is unable to discharge his functions
owing to absence, illness or any other cause, such one of the members, as
the appropriate Government may, by notification, authorize in this behalf, shall discharge
the functions of the Chairman until the date on which the Chairman resumes his duties.
8. Term of office : The Chairman shall hold office as such for a term of five years
from the date on which he enters upon his office:
Provided that no Chairman shall hold office as such after he has attained the
age of sixty eight years.
(2) A Member shall hold office as such for a term of five years from the date on
which he enters upon his office extendable by one more term of five years:
Provided that no Member shall hold office as such after he has attained the age
of sixty-five years.
(3) The conditions of service of Chairman and Members shall be the same as
applicable to Judges of the High Court.
9. Resignation and Removal :
(1) The Chairman or other Members may, by notice in writing under his hand
addressed to the President, resign his office :
Provided that the Chairman or other Member shall, unless
he is permitted by the President to relinquish his office sooner, continue
to hold office until the expiry of three months form the date of receipt of
such notice or until a person duly appointed as his successor enters upon his
office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairman or any other Member shall not be removed from
his office except by an order made by the President on the ground of proved
misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court
in which such Chairman or other Member had been informed of the charges against him and given
a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the
investigation of misbehaviour or incapacity of the Chairman or other Member referred to in sub-section (2).
10. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members :
The salaries and allowances payable to, and the other
terms and conditions of service (including pension, gratuity and other
retirement benefits) of, the Chairman and other Members shall be such as may
be prescribed by the Central Government:
Provided that neither the salary and allowances nor the
other terms and conditions of service of the Chairman or other Member shall be
varied to his disadvantage after his appointment:
Provided further that where a serving Government officer is appointed as a
Member, he shall be deemed to have retired from the service to which he belonged on the date on
which he assumed the charge of the Member but his subsequent service as Member shall, at his
option, be reckoned as a post-retirement re-employment counting for pension and other retirement
benefits in the service to which he belonged.
10A. Saving terms and conditions of service of Vice-Chairman - The Chairman,
Vice-Chairman and Member of a Tribunal appointed before teh commencement of the Administrative Tribunals
(Amendment) Act, 2006 shall continue to be governed by the provisions of the Act, and the rules made
thereunder as if the Administrative Tribunals (Amendment) Act, 2006 had not come into force:
Provided that, however, such Chairman and the Members appointed before the coming into
force of Administrative Tribunals (Amendment) Act, 2006, may on completion of their term or attainment of the
age of sixty-five or sixty two years, as the case may be, whichever is earlier may, if eligible terms of
section 8 as amended by the Administrative Tribunals (Amendment) Act, 2006 be considered for a fresh appointment
in accordance with the selection procedure laid down for such appointments subject to the condition that the
total term in office of the Chairman shall not exceed five years and that of the Members, ten years.
11. Provision as to the holding of offices by Chairman, etc., on ceasing to be
such Chairman, etc.,- On ceasing to hold office,-
(a) the Chairman of the Central Administrative Tribunal
shall be ineligible for further employment either under the Government
of India or under the Government of a State;
(b) the Chairman of a State Administrative Tribunal or
a Joint Administrative Tribunal shall, subject to the other provisions
of this Act be eligible for appointment as the Chairman or any other Member of the Central Administrative
Tribunal or as the Chairman of any other State Administrative Tribunal or Joint Administrative Tribunal,
but not for any other employment either under the Government of India or under the Government of a State;
(c) Omitted by Act 1 of 2007.
(d) Omitted by Act 1 of 2007.
(e) a Member (other than the Chairman)
of any Tribunal shall, subject to the other provisions of this Act, be
eligible for appointment as the Chairman of such Tribunal
or as the Chairman, Vice-Chairman or other Member of any other Tribunal,
but not for any other employment either under the Government of India
or under the Government of a State;
(f) the Chairman or other Member shall
not appear, act or plead before any Tribunal of which he was the Chairman
or other Member;
Explanation-For the purposes of this section, employment
under the Government of India or under the Government of a State includes employment under
any local or other authority within the territory of India or under the
control of the Government of India or under any corporation (or society)
owned or controlled by the Government.
12. Financial and administrative powers of the Chairman-
(1) The Chairman shall exercise such financial and administrative
powers over the Benches as may be vested in him under the rules made by
the appropriate Government:
(2) The appropriate Government may designate one or more Members to the
Vice-Chairman or, as the case may be, Vice-Chairman thereof and the Members so designated shall
exercise such of the powers and perform such of the functions of the Chairman as may be
delegated to him by the Chairman by a general of special order in writing.
13. Staff of the Tribunal-
(1) The appropriate Government shall determine the nature
and categories of the officers and other employees required to assist
a Tribunal in the discharge of its functions and provide the Tribunal
with such officers and other employees as it may thinks fit.
[1(A) The officers and other employees of a Tribunal
shall discharge their
functions under the general superintendence of the Chairman.]
functions under the general superintendence of the Chairman.]
(2) The salaries and allowances and conditions of service
of the officers and other employees of a Tribunal shall be such as may
be specified by rules made by the appropriate Government.
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS
14. Jurisdiction, powers and authority of the Central
Administrative Tribunal.-
(1) Save as otherwise expressly provided in this Act,
the Central Administrative Tribunal shall exercise, on and from the appointed
day, all the jurisdiction, powers and authority exercisable immediately
before that day by all courts (except the Supreme Court in relation to-
(a) recruitment, and matters concerning recruitment,
to any All-India Service or to any civil service of the Union or a civil
post under the Union or to a post connected with defence or in the defence
service, being, in either case, a post filled by a civilian;
(b) all service matters concerning-
(i) a member of any All-India Service; or
(ii) a person [not being a member of an All-India Service or a person referred to in clause (c) ] appointed to any civil service of the Union or any civil post under the Union; or
(iii) a civilian [not being a member of an All-India Service or a person referred in clause (c) ] appointed to any defence services or a post connected with defence,
(ii) a person [not being a member of an All-India Service or a person referred to in clause (c) ] appointed to any civil service of the Union or any civil post under the Union; or
(iii) a civilian [not being a member of an All-India Service or a person referred in clause (c) ] appointed to any defence services or a post connected with defence,
and pertaining to the service of such member, person
or civilian, in connection with the affairs of the Union or of any State
or of any local or other authority within the territory of India or under
the control of the Government of India or of any corporation [or society]
owned or controller by the Government;
(c) all service matters pertaining to service in connection
with the affairs of the Union concerning a person appointed to any service
or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b),
being a person whose services have been placed by a State Government or
any local or other authority or any corporation [or society] or other
body, at the disposal of the Central Government for such appointment.
[Explanation - for the removal of doubts, it is hereby
declared that references to “Union” in this sub-section shall
be construed as including references also to a Union territory.]
(2) The Central Government may, by notification, apply
with effect from such date as may be specified in the notification the
provisions of sub-section (3) to local or other authorities within the
territory of India or under the control of the Government of India and
to corporations [or societies] owned or controller by Government, not
being a local or other authority or corporation [or society] controller
or owned by a State Government:
Provided that if the Central Government considers it
expedient so to do for the purpose of facilitating transition to the scheme
as envisaged by this Act, different dated may be so specified under sub-section
in respect of different classes of or different categories under any class
of, local or other authorities or corporations [or societies].
(3) Save as otherwise expressly provided in this Act,
the Central Administrative tribunal shall also exercise, on and from the
date with effect from which the provisions of this sub-section apply to
any local or other authority or corporation [or society], all the jurisdiction,
powers and authority exercisable immediately before that date by all courts
(except the Supreme Court [***] in relation to-
(a) recruitment, and matters concerning recruitment,
to any service or post in connection with the affairs of such local or
other authority or corporation [or society]; and
(b) all service matters concerning a person [other than
a person referred to in clause (a) of sub-section (1) ] appointed to any
service or post in connection with the affairs of such local or other
authority or corporation [or society] and pertaining to the service of
such person in connection with such affairs.
15. Jurisdiction, powers and authority of State
Administrative Tribunals-
(1) Save as otherwise expressly provided in this Act,
the Administrative Tribunal for a State Shall exercise, on and from the
appointed day, all the jurisdiction, powers and authority exercisable
immediately before that day by all courts (except the Supreme Court in
relation to –
(a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State;
(b) all service matters concerning a person [not being
a person referred to in clause (c ) of this sub-section or a member, person
or civilian referred to in clause b) of sub-section (1) of section 14]
appointed to any civil service of the State or any civil post under the
State and pertaining to the service of such person in connection with
the affairs of the State Government or of any corporation [society] owned
or controlled by the State Government;
(c) all service matters pertaining to service in connection
with the affairs of the State concerning a person appointed to any service
or post referred to in clause (b), being a person whose services have
been placed by any such local or other authority or corporation [or society]
or other body as is controlled or owned by the State Government, at the
disposal of the State Government for such appointment.
(2) The State Government may, by notification, apply
with effect from such date as may be specified in the notification the
provisions of sub-section(3) to local or other authorities and corporation
[or societies] controlled or owned by the State Government:
Provided that if the State Government considers it expedient
so to do for the purpose of facilitating transition to the scheme as envisaged
by this Act, different dates may be so specified under this sub-section
in respect of different classes of, or different categories under any
class of, local or other authorities or corporations [or societies].
(3) Save as otherwise expressly provided in this Act,
the Administrative Tribunal for a State shall also exercise, on and from
the date with effect from which the provisions of this sub-section apply
to any local or other authority or corporations [or society], all the
jurisdiction, powers and authority exercisable immediately before that
date by all courts (except the Supreme Court in relation to-
(a) recruitment, and matters concerning recruitment,
to any service or post in connection with the affairs of such local or
other authority or corporation [or society]; and
(b) all service matters concerning a person [other than
a person referred to in clause (b) of sub-section (1) of this section
or a member, person or civilian referred to in clause (b) of sub-section(1)
or section 14] appointed to any service or post in connection with the
affairs of such local or other authority or corporation [or society] and
pertaining to the service of such person in connection with such affairs.
(4) For the removal of doubts, it is hereby declared
that the jurisdiction, powers, and authority of the Administrative Tribunal
for a State shall not extend to, or be exercisable in relation to, any
matter in relation to which the jurisdiction, powers and authority of
the Central Administrative Tribunal extends or is exercisable.
16. Jurisdiction, powers and authority of a Joint Administrative Tribunal –
16. Jurisdiction, powers and authority of a Joint Administrative Tribunal –
A Joint Administrative Tribunal for two or more States
shall exercise all the jurisdiction, powers and authority exercisable
by the Administrative Tribunals for such States.
17. Power to punish for contempt –
A Tribunal shall have, and exercise, the same jurisdiction,
powers and authority in respect of contempt of itself as a High Court
has and may exercise and, for this purpose, the provisions of the Contempt
of Courts Act, 1971 (70 of 1971) shall have effect subject to the modifications
that –
(a) the reference therein to a High Court shall be constructed
as including a reference to such Tribunal;
(b) the reference to the Advocate-General in section
15 of the said Act shall be construed, -
(i) in relation to the Central Administrative Tribunal,
as a reference to the Attorney-General or the Solicitor-General or the
Additional Solicitor-General; and
(ii) in relation to an Administrative Tribunal for a
State or a Joint Administrative Tribunal for two or more States, as a
reference to the Advocate-General of the State or any of the States for
which such Tribunal has been established.
18. Distribution of business amongst the Benches
-
(1) Where [any Benches of a Tribunal are constituted],
the appropriate Government may, from time to time, by notification, make
provisions as to the distribution of the business of the Tribunal amongst
the Benches and specify the matters which may be dealt with by each Bench.
(2) If any question arises as to whether any matter falls
within the purview of the business allocated to a Bench of a Tribunal,
the decision of the Chairman thereon shall be final.
Explanation : For the removal or doubts, it is hereby
declared that the expression “matters” includes applications
under section 19.
PROCEDURE
19. Applications to Tribunals –
(1) Subject to the other provisions of this Act a person
aggrieved by any order pertaining to any matter within the jurisdiction
of a Tribunal may make an application to the Tribunal for the redressal
of his grievance.
Explanation - For the purposes of this sub-section, “order”
means an order made –
(a) by the Government or a local or other authority within
the territory of India or under the control of the Government of India
or by any corporation [or society] owned or controlled by the Government
; or
(b) by an officer, committee or other body or agency
of the Government or a local or other authority or corporation [or society]
referred to in clause (a).
(2) Every application under sub-section (1) shall be
in such form and be accompanied by such documents or other evidence and
by such fee (if any, not exceeding one hundred rupees) [in respect of
the filing of such application and by such other fees for the service
e or execution of processes, as may be prescribed by the Central Government].
[(3) On receipt of an application under sub-section (1),
the Tribunal shall, if satisfied after such inquiry as it may deem necessary,
that the application is a fit case for adjudication or trial by it, admit
such application; but the Tribunal is not so satisfied, it may summarily
reject the application after recording its reasons.]
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
20. Application not to be admitted unless other
remedies exhausted –
(1) A Tribunal shall not ordinarily admit an application
unless it is satisfied that the applicant had availed of all the remedies
available to him under the relevant service rules as to redressal of grievances.
(2) For the purposes of sub-section (1), a person shall
be deemed to have availed of all the remedies available to him under the
relevant service rules as to redressal of grievances, -
(a) if a final order has been made by the Government
or other authority or officer or other person competent to pass such order
under such rules, rejecting any appeal preferred or representation made
by such person in connection with the grievance; or
(b) where no final order has been made by the Government
or other authority or officer or other person competent to pass such order
with regard to the appeal preferred or representation made by such person,
if a period of six months from the date on which such appeal was preferred
or representation was made has expired.
(3) For the purposes of sub-sections (1) and (2), any
remedy available to an applicant by way of submission of a memorial to
the President or to the Governor of a State or to any other functionary
shall not be deemed to be one of the remedies which are available unless
the applicant had elected to submit such memorial.
21. Limitation -
(1) A Tribunal shall not admit an application, -
(a) in a case where a final order such as is mentioned
in clause (a) of sub-section (2) of section 20 has been made in connection
with the grievance unless the application is made, within one year from
the date on which such final order has been made;
(b) in a case where an appeal or representation such
as is mentioned in clause (b) of sub-section (2) of section 20 has been
made and a period of six months had expired thereafter without such final
order having been made, within one year from the date of expiry of the
said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where –
(2) Notwithstanding anything contained in sub-section (1), where –
(a) the grievance in respect of which an application
is made had arisen by reason of any order made at any time during the
period of three years immediately preceding the date on which the jurisdiction,
powers and authority of the Tribunal becomes exercisable under this Act
in respect of the matter to which such order relates ; and
(b) no proceedings for the redressal of such grievance
had been commenced before the said date before any High Court,
the application shall be entertained by the Tribunal
if it is made within the period referred to in clause (a), or , as the
case may be, clause (b), of sub-section (1) or within a period of six
months from the said date, whichever period expires later.
(3) Notwithstanding anything contained in sub-section
(1) or sub-section (2), an application may be admitted after the period
of one year specified in clause (a) or clause (b) of sub-section (1) or,
as the case may be, the period of six months specified in sub-section(2),
if the applicant satisfies the Tribunal that he had sufficient cause for
not making the application within such period.
22. Procedure and powers of Tribunals –
(1) A Tribunal shall not be bound by the procedure laid
down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided
by the principles of natural justice and subject to the other provisions
of this Act and of any rules made by the Central Government, the Tribunal
shall have power to regulate its own procedure including the fixing of
places and times of its inquiry and deciding whether to sit in public
or in private.
(2) A Tribunal shall decide every application made to
it as expeditiously as possible and ordinarily every application shall
be decided on a perusal of documents and written representations and [after
hearing such oral arguments as may be advanced].
(3) A Tribunal shall have, for the purposes of [discharging
its functions under this Act], the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908) while trying
a suit, in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person
and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence of affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) requisitioning and public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex- parte;
(h) setting aside any order of dismissal of any representation fro default or any order passed by it ex-parte ; and
(i) any other matter which may be prescribed by the Central Government.
(b) requiring the discovery and production of documents;
(c) receiving evidence of affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) requisitioning and public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex- parte;
(h) setting aside any order of dismissal of any representation fro default or any order passed by it ex-parte ; and
(i) any other matter which may be prescribed by the Central Government.
23. Right of applicant to take assistance of legal practitioner
and of Government, etc., to appoint presenting officers -
(1) A person making an application to a Tribunal under
this Act may either appear in person or take the assistance of a legal
practitioner of his choice to present his case before the Tribunal.
(2) The Central Government or a State Government or a
local or other authority or corporation [or society], to which the provisions
of sub-section (3) of section 14 or sub-section (3) of section 15 apply,
[may authorize one or more legal practitioners or any of its officers
to act as presenting officers and every person so authorized by it may
present its case with respect to any application before a Tribunal].
24. Conditions as to making of interim orders –
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay in any other manner) shall be made on, or in any proceedings relating to, an application unless –
(a) copies of such application and of all documents in
support of the plea for such interim order are furnished to the party
against whom such application is made or proposed to be made; and
(b) opportunity is given to such party to be heard in
the matter.
Provided that a Tribunal may dispense with the requirements
of clauses (a) and (b) make an interim order as on exceptional measure
if it is satisfied, for reasons to be recorded in writing, that it is
necessary so to do for preventing any loss being caused to the applicant
which cannot be adequately compensated in money but any such interim order
shall, if it is not sooner vacated, cease to have effect on the expiry
of a period of fourteen days from the date on which it is made unless
the said requirements have been complied with before the expiry of that
period and the Tribunal has continued the operation of the interim order.
25. Power of Chairman to transfer cases from one Bench
to another –
On the application of any of the parties and after notice
to the parties, and after hearing such of them as he may desire to be
heard, or on his own motion without such notice, the Chairman may transfer
any case pending before one Bench, for disposal, to any other Bench.
26. Decision to be by majority –
26. Decision to be by majority –
If the Members of a Bench differ in opinion on any point,
the point shall be decided according to the opinion of the majority, if
there is a majority, but if the Members are equally divided, they shall
state the point or points on which they differ, and make a reference to
the Chairman who shall either hear the point or points himself or refer
the case for hearing on such point or points by one or more of the other
Members of the Tribunal and such point or points shall be decided according
to the opinion of the majority of the Members of the Tribunal who have
heard the case, including those who first heard it.]
27. Execution of orders of a Tribunal -
Subject to the other provisions of this Act and the rules,
[the order of a Tribunal finally disposing of an application or an appeal
shall be final and shall not be called in question in any court (including
a High Court) and such order] shall be executed in the same manner in
which any final order of the nature referred to in clause (a) of sub-section
(2) or section 20 (whether or not such final order had actually been made)
in respect of the grievance to which the application relates would have
been executed.
MISCELLANEOUS
28. Exclusion of jurisdiction of courts except the Supreme
Court –
On and from the date from which any jurisdiction, powers
and authority becomes exercisable under this Act by a Tribunal in relation
to recruitment and matters concerning recruitment to any Service or post
or service matters concerning members of any Service or persons appointed
to any Service or post, [ no court except –
(a) the Supreme Court ;
(b) any industrial Tribunal, Labour Court or other authority
constituted under the Industrial Disputes Act, 1947 (14 of 1947) or any
other corresponding law for the time being in force,
shall have], or be entitled to exercise any jurisdiction,
powers or authority in relation to such recruitment or matters concerning
such recruitment or such service matters.
29. Transfer of pending cases –
1. Every suit or other proceeding pending before any
court or other authority immediately before the date of establishment
of a Tribunal under this Act, being a suit or proceeding the cause of
action whereon it is based is such that it would have been, if it had
arisen after such establishment, within the jurisdiction of such Tribunal,
shall stand transferred on that date to such Tribunal :
Provided that nothing in this sub-section shall apply
to any appeal pending as aforesaid before a High Court.
2. Every suit or other proceeding pending before a court
or other authority immediately before the date with effect from which
jurisdiction is conferred on a Tribunal in relation to any local or other
authority or corporation [or society], being a suit or proceeding the
cause of action whereon it is based is such that it would have been, if
it had arisen after the said date, within the jurisdiction of such Tribunal,
shall stand transferred on that date to such Tribunal:
Provided that nothing in this sub-section shall apply
to any appeal pending as aforesaid before a High Court.
Explanation : For the purposes of this sub-section “date
with effect from which jurisdiction is conferred on a Tribunal”,
in relation to any local or other authority or corporation [or society],
means the date with effect from which the provisions of sub-section (3)
of section 14 or, as the case may be, sub-section (3) of section 15 are
applied to such local or other authority or corporation [or society].
3. Where immediately before the date of establishment
of a Joint Administrative Tribunal any one or more of the States for which
it is established, has or have a State Tribunal or State Tribunals, all
cases pending before such State Tribunal or State Tribunals immediately
before the said date together with the records thereof shall stand transferred
on that date to such Joint Administrative Tribunal.
Explanation : For the purposes of this sub-section, “State
Tribunal” means a Tribunal established under sub-section (2) of
section 4.
4. Where any suit, appeal or other proceeding stands
transferred from any court or other authority to a Tribunal under sub-section
(1) or sub-section (2), -
(a) the court or other authority shall, as soon as may
be after such transfer, forward the records of such suit, appeal or other
proceeding to the Tribunal; and
(b) the Tribunal may, on receipt of such records, proceed
to deal with such suit, appeal or other proceeding, so far as may be,
in the same manner as in the case of an application under section 19 from
the stage which was reached before such transfer or from any earlier stage
or de novo as the Tribunal may deem fit.
5. Where any case stand transferred to a Joint Administrative Tribunal under sub-section(3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred.
6. Every case pending before a Tribunal immediately before
the commencement of the Administrative Tribunals (Amendment) Act, 1987,
being a case the cause of action whereon it is based is such that it would
have been, if it had arisen after such commencement, within the jurisdiction
of any court, shall, together with the records thereof, stand transferred
on such commencement to such court.
7. Where any case stands transferred to a court under
sub-section (6), that court may proceed to deal with such case from the
stage which was reached before it stood so transferred.
29. Provisions for filing of certain appeals –
Where any decree or order has been made or passed by
any court (other than a High Court) in any suit or proceeding before the
establishment of a Tribunal, being a suit or proceeding the cause of action
whereon it is based is such that it would have been, if it had arisen
after such establishment, within the jurisdiction of such Tribunal, and
no appeal has been preferred against such decree or order before such
establishment and the time for preferring such appeal under any law for
the time being in force had not expired before such establishment, such
appeal shall lie –
(a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President , or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
(a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President , or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from its
establishment or within ninety days, from the date of receipt of the copy
of such decree or order, whichever is later.
30. Proceedings before a Tribunal to be judicial proceedings
-
All proceedings before a Tribunal shall be deemed to
be judicial proceedings within the meaning of sections 193, 219 and 228
of the Indian Penal Code (45 of 1860)
31. Members and staff of Tribunal to be public servants
–
The Chairman and other Members and the
officers and other employees provided under section 13 to a Tribunal shall
be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
32. Protection of action taken in good faith –
No suit, prosecution or other legal proceeding shall
lie against the Central or State Government or against the Chairman
or other member of any Central or Joint or State Administrative Tribunal,
or any other person authorized by such Chairman or other
Member for anything which is in good faith done or intended to be done
in pursuance of this Act or any rule or order made thereunder.
33. Act to have overriding effect –
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time
being in force or in any instrument having effect by virtue of any law
other than this Act.
34. Power to remove difficulties -
1. If any difficulty arises in giving effect to the provisions
of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions, not inconsistent with the provisions of
this Act as appear to it to be necessary or expedient for removing the
difficulty.
2. Every order made under this section shall, as soon
as may be after it is made, be laid before each House of Parliament.
35. Power of the Central Government to make rules –
1. The Central Government may, subject to the provisions
of section 36, by notification, make rules to carry out the provisions
of this Act.
2. Without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely –
(a) the case or cases which shall be decided by a Bench
composed of more than [two Members] under clause (d) of sub-section 5;
(b) the procedure under sub-section (3) of section 9 for the investigation misbehaviour or incapacity or Chairmanor other Member;
(c) the salaries and allowances payable to, and the other terms and conditions of, the Chairman and other Members;
(d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied [and the fees payable in respect of the filing of such application or for the service or execution of processes].
(e) The rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section ; and
(f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
(b) the procedure under sub-section (3) of section 9 for the investigation misbehaviour or incapacity or Chairmanor other Member;
(c) the salaries and allowances payable to, and the other terms and conditions of, the Chairman and other Members;
(d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied [and the fees payable in respect of the filing of such application or for the service or execution of processes].
(e) The rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section ; and
(f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
36. Power of the appropriate Government to make rules
-
The appropriate Government may, by notification, make
rules to provide for all or any of the following matters, namely –
(a) the financial and administrative powers which the
Chairman of a Tribunal may exercise over Benches of the Tribunal under
section 12;
(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and
(c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and
(c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
36A. Power to make rules retrospectively –
The power to make rules under clause (c ) of sub-section
(2) of section 35 or clause (b) of section 36 shall include the power
to make such rules or any of them retrospectively from a date not earlier
than the date on which this Act received the assent of the President,
but no such retrospective effect shall be given to any such rule so as
to prejudicially affect the interests of any person to whom such rule
may be applicable.
37. Laying of rules –
1. Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both House agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect , as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
2. Every rule made by a State Government under this Act
shall be laid, as soon as may be after it is made, before the State Legislature.
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