ADMINISTRATIVE TRIBUNALS ACT 1985
EmailTHE ADMINISTRATIVE TRIBUNALS ACT, 1985
ACT No. 13 OF 1985
27thFebruary, 1985.
An Act to provide for the adjudication or trial by AdministrativeTribunals of disputes and complaints with respect to recruitment and conditionsof service of persons appointed to public services and posts in connection withthe affairs of the Union or of any State or of any local or other authoritywithin the territory of India or under the control of the Government of Indiaor of 1 [any corporation or society owned or controlledby the Government in pursuance of article 323A of the Constitution] andfor matters connected therewith or incidental thereto.
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1. Substituted by theAdministrative Tribunals (Amendment) Act, 1986 (19 of 1986) Section 2 for words"any corporation owned or controlled by the Government".
BE it enacted by Parliament inthe Thirty-sixth Year of the Republicof India as follows: –
CHAPTER I
PRELIMINARY
1.Short title extent and commencement:(1) This Act may be called theAdministrative Tribunals Act, 1985.
(2) It extends, –
(a) inso far as it relates to the Central Administrative Tribunal, to the whole of India;
(b) inso far as it relates to 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 comeinto 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 comein to force in a State on such date as the Central Government may, bynotification, appoint. Act not to apply to certain person:
2.Act not be apply to certainpersons: The provisions of this Actshall not apply to-
(a) anymember of the naval, military or air forces or of any other armed forces of theUnion;
(b) 1 [*]
(c) anyofficer or servant of the Supreme Court or of any High Court 2 [ or courts subordinate thereto];
(d) anyperson appointed to the secretarial staff of either House of Parliament or tothe secretarial of any State Legislature or a House thereof, or in the case ofa Union territory having a Legislature of that Legislature.
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1. Omitted by theAdministrative Tribunals (Amendment) Act, 1986 (19 of 1986) Section 3 (w. e. f.1-11-1985)
2. Inserted by the Administrative Tribunals(Amendment) Act, 1987 (51 of 1987) Section 2.
3.Definitions: Inthis Act, unless the context otherwise requires, –
1 [(a) "Administrative Member"means a Member of a Tribunal who is not a Judicial Member within the meaning ofclause (i);]
1 [(aa)] "AdministrativeTribunal", in relation to a State, means the Administrative Tribunal forthe State or, as the case may be, the Joint Administrative Tribunal for thatState and any other State or States;
(b) application" means an application made under section19;
(c)"appointed day" in relation to a Tribunal,means the date with effect from which it is established, by notification, undersection 4;
(d)"appropriate Government" means, –
(i) in relation to the Central Administrative Tribunal or aJoint Administrative Tribunal, the Central Government;
(ii) in relation to a State Administrative Tribunal the StateGovernment;
(e)"Bench" means a Bench of a Tribunal;
(f)"Central Administrative Tribunal" means the Administrative Tribunalestablished under sub-section (1) of section 4;
(g)"Chairman" means the Chairman of a Tribunal;
(h)"Joint Administrative Tribunal" means as Administrative Tribunal fortwo or more State established under sub-section (3) of section 4;
2 [(i) "Judicial Member" means aMember of a Tribunal appointed as such under this Act, and includes theChairman or a Vice–Chairman who possesses any of the qualificationsspecified in sub–section (3) of section 6;
(ia) "Member" means a Member (whether Judicial orAdministrative) of a Tribunal, and includes the Chairman and a Vice–Chairman;]
(j)"notification" means a notificationpublished in the Official Gazette;
(k)"post" means a post within or outside India;
(l)"prescribed" means prescribed by rules madeunder this Act;
(m)"President" means the President of India;
(n) 3[*]
(o)"rules" means rules made under this Act;
(p) "service" means service within or outside India;
(q)"service matters", in relation to a person, means all mattersrelating to the conditions of his service in connection with the affairs of theUnion or of any State or of any local or other authority within the territoryof India or under the control of the Government of India or, as the case maybe, of any corporation 4 [or society] owned orcontrolled by the Government, as respects-
(i) remuneration (including allowances), pension and otherretirement 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 anymatter means the rules, regulations, orders or other instrument or arrangementsas in force for the time being with respect to redressal, otherwise than underthis Act, of any grievances in relation to such matters;
5 [(rr) "society" means a societyregistered under the Societies Registration Act, 1860 (21 of 1860) , or under any corresponding law for the time being inforce in a State;]
(s)"Supreme Court" means the Supreme Court of India;
(t)"Tribunal" means the Central Administrative Tribunal or a StateAdministrative Tribunal or a Joint Administrative Tribunal;
(u)"Vice-Chairman" means the Vice-Chairman of a Tribunal.
Explanation:In the case of a Tribunal having two or more Vice-Chairman, references to theVice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairman
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1.Substituted by theAdministrative Tribunals (Amendment) Act, 1986 (19 of 1986) Section 4 (a) andoriginal clause (a) relettered as (aa).
2. Substituted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 4 (b) for original clause (i).
3. Omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 4 (c).
4. Inserted by theAdministrative Tribunals (Amendment) Act, 1986 (19 of 1986) Section 4 (d).
5. Inserted by the AdministrativeTribunals (Amendment) Act, 1986 Section 4 (e).
CHAPTER II.
ESTABLISHMENT OF TRIBUNALS AND BENCHESTHEREOF
4.Establishment ofAdministrative Tribunals: (1) The Central Government shall, bynotification, establish an Administrative Tribunal, to be known as the CentralAdministrative Tribunal, to exercise the jurisdiction, powers and authorityconferred on the Central Administrative Tribunal by or under this Act.
(2) TheCentral Government may, on receipt of a request in this behalf from any StateGovernment establish, by notification, an Administrative Tribunal for the Stateto be known as the (name of the State)Administrative Tribunal to exercise the jurisdiction, powers and authorityconferred on the Administrative Tribunal for the State by or under this Act.
(3) Twoor more States may, notwithstanding anything contained in sub-section (2) andnotwithstanding that any or all of those States has or have Tribunals establishedunder that sub- section, enter into an agreement that the same AdministrativeTribunal shall be the Administrative Tribunal for each of the Statesparticipating in the agreement, and if the agreement is approved by the CentralGovernment and published in the Gazette of India and the Official Gazette ofeach of those States, the Central Government may, be notification, establish aJoint Administrative Tribunal to exercise the jurisdiction, powers andauthority conferred on the Administrative Tribunals for those States by orunder this Act.
(4) Anagreement under sub-section (3) shall contain provisions as to the name of theJoint Administrative Tribunal, the manner in which the participating States maybe associated the Bench or Benches of the Tribunal shall sit, the apportionmentamong Administrative Tribunal and may also contain such other supplemental,incidental and consequential provisions not inconsistent with this Act as maybe deemed necessary or expedient for giving effect to the agreement.
1 [(5) Notwithstanding anything contained in the foregoingprovisions of this section or sub–section (1) of section 5, the CentralGovernment may,–
(a)with the concurrence of any State Government designate, by notification, all orany of the Members of the Bench or Benches of the State Administrative Tribunalestablished for that State under sub–section (2) as Members of the Benchor Benches of the Central Administrative Tribunal in respect of that Stated andthe same shall exercise the jurisdiction, powers and authority conferred on theCentral Administrative Tribunal by or under this Act;
(b) onreceipt of a request in this behalf from any State Government, designate, bynotification, all or any of the Members of the Bench or Benches of the CentralAdministrative Tribunal functioning in that State as the Members of the Benchor Benches of the State Administrative Tribunal for that State and the sameshall exercise the jurisdiction, powers and authority conferred on theAdministrative Tribunal for that State by or under this Act.
andupon such designation, the Bench or Benches of the State AdministrativeTribunal or, as the case may be, the Bench or Benches of the CentralAdministrative Tribunal shall be deemed, in all respect, to be the CentralAdministrative Tribunal, or the State Administrative Tribunal for that Stateestablished under the provisions of article 323A of the Constitution and thisAct.
(6)Every notification under sub–section (5) shall also provide for theapportionment between the State concerned and the Central Government of theexpenditure in connection with the Members common to the Central AdministrativeTribunal and the State Administrative Tribunal and such other incidental andconsequential provisions not inconsistent with this Act as may be deemednecessary or expedient.]
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1. Inserted by the AdministrativeTribunals (Amendment) Act, 1986 (19 of 1986) Section 5.
5.Compositionof Tribunals and Benches thereof: (1) Each Tribunal shall consist of aChairman and such number of Vice-Chairman 1 [andJudicial and Administrative Members] as the appropriate Government may deemfit, and subject to the other provisions of this Act, the jurisdiction power,and authority of the Tribunal may be exercised by Benches thereof.
2 [(2)Subject to the other provisions of this Act, a Benchshall consist of one Judicial Member and one Administrative Member.]
(3) 3[*]
(4)Notwithstanding anything contained in sub-section 4[*], the Chairman-
5 [(a) may, in addition to discharging thefunctions of the Judicial Member or the Administrative Member of the Bench towhich he is appointed, discharge the functions of the Judicial Member or, asthe case may be, the Administrative Member, of any other Bench;]
(b) may transfer the Vice-Chairman or other Member from oneBench to another Bench;
6 [(c) may authorise the Vice–Chairmanor the Judicial Member or the Administrative Member appointed to one Bench todischarge also the functions of the Vice–Chairman or, as the case maybe, the Judicial Member or the Administrative member of another Bench; and]
(d)may, for the purpose of securing that any case or cases which, having regard tothe nature of the questions involved required or ordure, in his opinion orunder the rules made by the Central Government in this behalf to be decided bya Bench composed of more than 7 [two Members], issue suchgeneral or special orders, as he may deem fit.
8[Provided that every Bench constituted in pursuance of this clause shallinclude at least one Judicial Member and one Administrative Member.]
(5) 9[*]
(6)Notwithstanding anything contained in the foregoing provisions of this section,it shall be competent for the Chairman or any other Member authorised by theChairman in this behalf to function as 10 [aBench] consisting of a single Member and exercise the jurisdiction, powers andauthority of the Tribunal in respect of such classes of cases or such matterspertaining to such classes of cases as the Chairman may by general or specialorder specify:
Providedthat if at any stage of the hearing of any such case or matter it appears tothe Chairman or such Member that the case or matter is of such a nature that itought to be heard by a Bench consisting of 11 [twoMembers], the case or matter may be transferred by the Chairman or, as the casemay be, referred to him for transfer to, such Bench as the Chairman may deemfit.
12 [(7)Subject to the other provisions of this Act, the Benches of the CentralAdministrative Tribunal shall ordinarily sit at New Delhi (which shall be knownas the principal Bench), Allahabad, Calcutta, Madras, New Bombay and at suchother places as the Central Government may, by notification, specify.
(8)Subject to the other provisions of this Act, the places at which the principalBench and other Benches of a State Administrative Tribunal shall ordinarily sitshall be such as the State Government may, by notification, specify.]
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1.Substituted for words "and other members" by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 6 (a).
2. Substituted for originalsub-section (2) by theAdministrative Tribunals (Amendment) Act, 1986 (19 of 1986) Section 6 (b).
3. Omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 6 (c).
4. Omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 6 (d) (i).
5. Substituted for original clause (a) by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 6 (d) (ii).
6. Substituted for originalclause (c) by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 6 (d) (iii).
7. Substituted for words"three Members" by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 6 (d) (iv) (1).
8. Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 6 (d) (iv)(2).
9. Omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 6 (e).
10. Substituted for words"an additional Bench" by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 6 (f) (i).
11. Substituted for words"three Members" by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 6 (f) (ii).
12. Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 6 (g).
6.Qualifications forappointment as Chairman, Vice-Chairman or other Member: (1) Aperson shall not be qualified for appointment as the Chairman unless he-
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the office of Vice-Chairman. 1[*]
(c) 2[*].
(2) Aperson shall not be qualified for appointment as the Vice-Chairman unless he-
3 [(a) is, or has been, or is qualified tobe, a Judge of a High Court; or];
(b)has, for at least two years, held the post of a Secretary to the Government ofIndia or any other post under the Central or a State Government carrying ascale of pay which is not less than that of a Secretary to the Government ofIndia, or (c) has, for a period of not less than three-years, held office as aMember.
4 [(bb) has, for at least five years, heldthe post of an Additional, Secretary to the Government of India or any otherpost under the Central or a State Government carrying a scale of pay which isnot less than that of an Additional Secretary tithe Government of India; or]
5 [(3) Aperson shall not be qualified for appointment as a Judicial Member unless he–
(a) is, or has been, or is qualified to be, a Judge of a HighCourt; or
(b) has been a member of the India Legal Service and has held apost in Grade I of that Service for at least three years.
(3A) Aperson shall not be qualified for appointment as an Administrative Memberunless he–
(a)has, for at least two years, held the post of an Additional Secretary to theGovernment of India or any other post under the Central or a State Governmentcarrying a scale of pay which is not less than that of an Additional Secretaryto the Government of India; or
(b)has, for at least three years, held the post of a Joint Secretary to theGovernment of India or any other post under the Central or a State Governmentcarrying a scale of pay which is not less than that of a Joint Secretary to theGovernment of India,
and shall,in either case, have adequate administrative experience.]
(4) 6[Subject to the provisions of sub–section (7), the Chairman],Vice-Chairman and every other Member of the Central Administrative Tribunalshall be appointed by the President.
(5) 7[Subject to the provisions of sub–section (7), the Chairman],Vice-Chairman and every other Member of an Administrative Tribunal for a Stateshall be appointed by the President after consultation with the Governor of theconcerned State.
(6) TheChairman, Vice-Chairman and every other Member of a Joint AdministrativeTribunal shall, subject to the terms of the agreement between the participatingState Governments published under sub-section (3) of section 4, 4 [andsubject to the provisions of sub–section (7)] be appointed by thePresident after consultation with the Governors of the concerned States.
8 [(7)No appointment of a person possessing the qualifications specified in thissection as the Chairman, a Vice–Chairman or a Member shall be madeexcept after consultation with the Chief Justice of India].
Explanation:In computing, for the purposes of this section, the period during which aperson has held any post under the Central or a State Government, there shallbe included the period during which he has held any other post under theCentral or a State Government (including an office under this Act carrying thesame scale of pay as that of the first mentioned post or a higher scale of pay.
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1. Theword "or" omitted by the Administrative Tribunals (Amendment) Act, 1987 (51 of 1987)Section 3 (a).
2.Omitted by the Administrative Tribunals(Amendment) Act, 1987 (51 of 1987) Section 3 (a).
3. Inserted by the Administrative Tribunals(Amendment) Act, 1987 (51 of 1987) Section 3 (b).
4.Inserted by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 7 (a) (i).
5.Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 7 (b).
6.Substituted for the words "The Chairman" by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 7 (c).
7.Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 7 (d).
8.Inserted by the Administrative Tribunals(Amendment) Act, 1987 (51 of 1987) Section 3 (c).
7.ViceChairman to act as Chairman or to discharge his functions in certaincircumstances: (1) In the event of the occurrence of any vacancy inthe 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 Vice-Chairmen as theappropriate Government may, by notification, authorise in this behalf, shallact as the Chairman until the date on which a new Chairman, appointed inaccordance with the provisions of this Act of fill such vacancy enters upon hisoffice.
(2)When the Chairman is unable to discharge his functions owing to absence,illness or any other cause, the Vice-Chairman or, as the case may be, such oneof the Vice-Chairmen as the appropriate Government may, by notification,authorise in this behalf, shall discharge the functions of the Chairman untilthe date on which the Chairman resumes his duties.
1 [8.Termof office: The Chairman, Vice–Chairman or other Member shall holdoffice as such for a term of five years from the date on which he enters uponhis office, but shall be eligible for re–appointment for another term offive years:
Providedthat no Chairman, Vice–Chairman or other Member shall hold office assuch after he has attained, –
(a) in the case of the Chairman or Vice–Chairman, the ageof sixty–five years, and
(b) in the case of any other Member, the age of sixty–twoyears.]
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1. Substituted for originalSection 8 by the Administrative Tribunals(Amendment) Act, 1987 (51 of 1987) Section 4.
9.Resignation andremoval: (1)The Chairman, Vice-Chairman or other Member may, by notice in writing under hishand addressed to the President, resign his office.
Providedthat the Chairman, Vice-Chairman or other Member shall, unless he is permittedby the President to relinquish his office sooner, continue to hold office untilthe expiry of three months from the date of receipt of such notice or until aperson duty appointed as his successor enters upon his office or until theexpiry of his term of office, whichever is the earliest.
(2) TheChairman, Vice-Chairman or any other Member shall not be removed from hisoffice except by an order made by the President on the ground of provedmisbehaviour or incapacity after an inquiry made by a Judge of the SupremeCourt in which such Chairman, Vice-Chairman or other Member had been informedof the charges against him and given a reasonable opportunity of being heard inrespect of those charges.
(3) TheCentral Government may, by rules, regulate the procedure for the investigationof misbehaviour or incapacity of the Chairman, Vice-Chairman or other Memberreferred to in sub- section (2).
10.Salariesand 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 andother retirement benefits) of, the Chairman, Vice-Chairman and other Membersshall be such as may be prescribed by the Central Government.
Providedthat neither the salary and allowances nor the other terms and conditions ofservice of the Chairman, Vice-Chairman or other Member shall be varied to hisdisadvantage after his appointment.’
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 beineligible for further employment either under the Government of India or underthe Government of a State;
(b) theChairman of a State Administrative Tribunal or a Joint Administrative Tribunalshall, subject to the other provisions of this Act, be eligible for appointmentas the Chairman or Vice-Chairman or any other Member of the CentralAdministrative Tribunal or Joint the Chairman of any other State AdministrativeTribunal, but not for any other employment either under the Government of Indiaor under the Government of a State;
(c) theVice-Chairman of the Central Administrative Tribunal shall, subject to theother provisions of this Act, be eligible for appointment as the Chairman ofthat Tribunal or as the Chairman or Vice-Chairman of any State AdministrativeTribunal or Joint Administrative Tribunal, but not for any other employmenteither under the Government of India or under the Government of a State;
(d) theVice-Chairman of a State Administrative Tribunal or a Joint AdministrativeTribunal shall, subject to the other provisions of this Act, be eligible forappointment as the Chairman of that Tribunal or as the Chairman orVice-Chairman of the Central Administrative Tribunal or of any other StateAdministrative Tribunal or Joint Administrative Tribunal, but not for any otheremployment either under the Government of India or under the Government of aState;
(e) aMember (other than the Chairman or Vice-Chairman) of any Tribunal shall,subject to the other provisions of this Act, be eligible for appointment as theChairman or Vice-Chairman of such Tribunal or as the Chairman, Vice-Chairman orother Member of any other Tribunal, but not for any other employment eitherunder the Government of India or under the Government of a State;
(f) the Chairman, Vice-Chairman or other Member shall notappear, act or plead before any Tribunal of which he was the Chairman,Vice-Chairman or other Member.
Explanation:For the purposes of this section, employment under the Government of India orunder the Government of a State includes employment under any local or otherauthority within the territoryof India or under thecontrol of the Government of India or under any corporation 1 [orsociety] owned or controlled by the Government.
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1.Inserted by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 8.
12.Financial and administrative powers of the Chairman: TheChairman shall exercise such financial and administrative powers over the 1[*] Benches as may be vested in him under the rules made by the appropriateGovernment:
Providedthat the Chairman shall have authority to delegate such of his financial andAdministrative powers as he may think fit to 2 [theVice–Chairman or any officer of the Tribunal, subject to the conditionthat the Vice–Chairman or such officer] shall, while exercising suchdelegated powers, continue to act under the direction, control and supervisionof the Chairman.
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1. Thewords "principal Bench and each of the additional" omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 9 (a).
2. Substituted for the words"the Vice–Chairman,subject to the condition that the Vice–Chairman" by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 9 (b).
13.Staff of the Tribunal: (1) The appropriateGovernment shall determine the nature and categories of the officers and otheremployees required to assist a Tribunal in the discharge of its functions andprovide the Tribunal with such officers and other employees as it may thinkfit.
1 [(1A) The officers and other employees of a Tribunal shalldischarge their functions under the general superintendence of the Chairman.]
(2) Thesalaries and allowances and conditions of service of the officers and otheremployees of a Tribunal shall be such as may be specified by rules made byappropriate Government.
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1.Inserted by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 10.
CHAPTER III
JURISDICTION, POWERS AND AUTHORITY OFTRIBUNALS
14.Jurisdiction,powers and authority of the Central Administrative Tribunal: (1)Save as otherwise expressly provided in this Act, the Central AdministrativeTribunal 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 1 [*]) in relation to-
(a)recruitment, and matters concerning recruitment, to any All India Service or toany civil services of the Union or a civil post under the Union or to a postconnected with defence or in the defence services, being, in either case, a postfilled 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 aperson referred to in clause (c)] appointed to any civil service of the Unionor any civil post under the Union; or
(iii) acivilian [not being a member of an All-India Service or a person referred to inclause (c)] appointed to any defence services or a post connected with defence,and pertaining to the service of such member, person or civilian, in connectionwith the affairs of the Union or of any State or of any local or otherauthority within the territory of India or under the control of the Governmentof India or of any corporation2 [or society] owned orcontrolled by the Government;
(c) allservices matters pertaining to service in connection with the affairs of theUnion concerning a person appointed to any service or post referred to insub-clause (ii) or sub-clause (iii) of clause (b), being a person whoseservices have been placed by a State Government or any local or other authorityor any corporation 2 [or society] or other body,at the disposal of the Central Government for such appointment.
3[Explanation: For the removal of doubts, it is hereby declared thatreferences to "Union" in this sub–section shall be construedas including references also to a Union territory.]
(2) TheCentral Government may, by notification, apply with effect from such date asmay be specified in the notification the provisions of sub-section (3) to localor other authorities within the territory of India or under the control of theGovernment of India and to corporations owned or controlled by Government, notbeing a local or other authority or corporation 2 [orsociety] controlled or owned by a State Government:
Providedthat if the Central Government considers it expedient so to do for the purposeof facilitating transition to the scheme as envisaged by this Act, different,dates may be so specified under this sub-section to respect of differentclasses of, or different categories under any class of, local or otherauthorities or corporations.
(3)Save as otherwise expressly provided in this Act, the Central AdministrativeTribunal shall also exercise, on and form the date with effect from which theprovisions of this sub-section in respect of different classes of, or differentcategories under any class of, local or other authorities or corporations, allthe jurisdiction, powers and authority exercisable immediately before that dateby all courts (except the Supreme Court 1[*]) in relation to-
(a)recruitment, and matters concerning recruitment, to any service or post inconnection with the affairs of such local or other authority or corporation 2 [orsociety]; and
(b) allservice matters concerning a person [other than a person referred to in clause(a) or clause (b) of sub-section (1)] appointed to any service or post inconnection with the affairs of such local or other authority or corporation 2 [orsociety] and pertaining to the serviceof such person in connection with such affairs.
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1. Thewords "under article 136 of the Constitution" omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 11 (a).
2.Insterted by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 11 (a).
3.Inserted by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 11 (d) (w. e. f. 1-11-1985).
15.Jurisdiction powers and authority ofState Administrative Tribunals: (1) Save as otherwise expressly a person[other than a person referred to in clause (a) or clause (b) of sub-section(1)] appointed day, all the jurisdiction, powers and authority exercisableimmediately before that day by all courts (except the Supreme Court 1[*]) in relation to-
(a) recruitment, and matters concerning recruitment, to anycivil service of the State or to any civil post under the State;
(b) allservice 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 theState or any civil post under the State and pertaining to the service of suchperson in connection with the affairs of the State or of any local or otherauthority under the control of the State Government or of any corporation2 [orsociety] owned or controlled by the State Government;
(c) allservice matters pertaining to service in connection with the affairs of theState concerning a person appointed to any service or post referred to inclause to in clause (b), being a person whose services have been placed by anysuch local or other authority or corporation 2 [orsociety] orother body as is controlled or owned by the State Government, at the disposalof the State Government for such appointment.
(2) TheState Government may, by notification apply with effect from such date as maybe specified in the notification the provisions of sub-section (3) to local orother authorities and corporation 2 [orsociety] controlled or owned by the State Government.
Providedthat if the State Government considers it expedient so to do for the purpose offacilitating transition to the scheme as envisaged by this Act, different datesmay be so specified under this sub-section in respect of different classes of,or different categories under any class of, local or other authorities orcorporations 3 [or societies].
(3)Save as otherwise expressly provided in this Act, the Administrative Tribunalfor a State shall also exercise, on and from the date with effect from whichthe provisions of this sub- section apply to any local or other authority orcorporation, 2 [or society] all the jurisdiction, powersand authority exercisable immediately before that date by all courts (exceptthe Supreme Court 1 [*]) in relation to-
(a)recruitment, and matters concerning recruitment, to any service or post inconnection with the affairs of such local or other authority or corporation; 2 [orsociety] and
(b) allservice 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 referredto in clause (b) of sub-section (1) of section 14] appointed to any service orpost in connection with the affairs of such local or other authority orcorporation 2 [or society] and pertaining to theservice of such person in connection with such affairs.
(4) Forthe removal of doubts, it is hereby declared that the jurisdiction, powers andauthority of the Administrative Tribunal for a State shall not extend to, or beexercisable in relation to, any matter in relation to which the jurisdiction,powers and authority of the Central Administrative Tribunal extends or isexercisable.
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1. Thewords "under article 136 of the Constitution" omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 12 (a).
2.Insterted by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 12 (b).
3.Insterted by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 12 (c).
16.Jurisdiction, powers and authority of a JointAdministrative Tribunal: A Joint Administrative Tribunal for twoor more States shall exercise all the jurisdiction, powers and authorityexercisable by the Administrative Tribunals for such States.
17.Powerto punish for contempt: A Tribunal shall have, and exercise, thesame jurisdiction, powers and authority in respect of contempt of itself as aHigh Court has and may exercise and, for this purpose, the provisions of theContempt of Courts Act, 1971, (70 of 1971.) shall have effect subject to themodifications that-
(a) the reference therein to a High Court shall be construed asincluding a reference to such Tribunal;
(b) the reference to the Advocate-General in section 15 of thesaid Act shall be construed,-
(i) in relation to the Central Administrative Tribunal, as areference to the Attorney-General or the Solicitor-General or the AdditionalSolicitation-General; and
(ii) inrelation to an Administrative Tribunal for a State or a Joint AdministrativeTribunal for two or more States, as a reference to the Advocate-General of theState or any of the States for which such Tribunal has been established.
18.Distributionof business amongst the Benches: (1) Where 1 [anyBenches of a Tribunal are constituted], the appropriate Government may, fromtime to time, by notification, make provisions as the distribution of thebusiness of the Tribunal amongst the 2[*] Benches and specify the matters which may be dealt with by each Bench.
(2) Ifany question arises as to whether any matter falls within the purview of thebusiness allocated to a Bench of a Tribunal, the decision of the Chairmanthereon shall be final.
Explanation:For the removal of doubts, it is hereby declared that the expression"matters" includes applications under section 19.
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1. Substituted for the words"anyadditional Bench or Benches of a Tribunal is or are constituted" by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 18 (a).
2. The words "principalBench and the additional Bench or additional" are omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 18 (b).
CHAPTER IV
PROCEDURE
19.Applications to tribunals: (1) Subject to the otherprovisions of this Act, a person aggrieved by any other pertaining to anymatter within the jurisdiction of a Tribunal may make an application to the Tribunalfor the redressal of his grievance.
Explanation:For the purposes of this sub-section, "order" means an order made-
(a) bythe Government or a local or other authority within the territory of India orunder the control of the Government of India or by any corporation 1 [orsociety] owned or controlled by the Government; or
(b) by an office; committee or other body or agency of theGovernment or a local or other authority or corporation referred to in clause(a).
(2)Every application under sub-section (1) shall be in such form and beaccompanied by such documents or other evidence and by such fee (if any, notexceeding one hundred rupees) 2 [in respect of the filingof such application and by such other fees for the service or execution of processes,as may be prescribed by the Central Government].
3 [(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 applicationis a fit case for adjudication or trial by it, admit such application; butwhere the Tribunal is not so satisfied, it may summarily reject the applicationafter 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 grievancesin relation to the subject-matter of such application pending immediatelybefore such admission shall abate and save as otherwise directed by theTribunal, no appeal or representation in relation to such matter shallthereafter be entertained under such rules.
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1. Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 14 (a).
2. Substituted for the words"as maybe prescribed by the Central Government" by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 14 (b).
3. Substituted for originalsub-section (3) by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 9 (b).
20.Applications not to be admitted unless other remediesexhausted: (1) A Tribunal shall not ordinarily admit anapplication unless it is satisfied that the applicant had availed of all theremedies available to him under the relevant service rules as to redressal ofgrievances, –
(a) ifa final order has been made by the Government or other authority of officer orother person competent to pass such order under such rules, rejecting anyappeal preferred or representation made by such person in connection with thegrievance; or
(b)where no final has been made by the Government or other authority or officer orother person competent to pass such order with regard to the appeal preferredor representation made by such person, if a period of six months from the dateon which such appeal was preferred or representation was made has expired.
(3) Forthe purposes of sub-sections (1) and (2), any remedy available to an applicantby way of submission of a memorial to the President or to the Government of aState or to any other functionary shall not be deemed to be one of the remedieswhich are available unless the applicant had elected to submit such memorial.
21.Limitation: (1) A Tribunal shall not admit anapplication, –
(a) ina 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 theapplication is made, within one year from the date on which such final orderhas been made;
(b) ina case where an appeal or representation such as is mentioned in clause (b) ofsub-section (2) of section 20 has been made and a period of six months hadexpired thereafter without such final order having been made, within one yearfrom the date of expiry of the said period of six months.
(2)Notwithstanding anything contained in sub-section (1), where-
(a) thegrievance in respect of which an application is made had arisen by reason ofany order made at any time during the period of three years immediatelypreceding the date on which the jurisdiction, powers and authority of theTribunal becomes exercisable under this Act in respect of the matter to whichsuch order relates; and
(b) no proceedings for the redressal of such grievance had beencommenced before the said date before any High Court.
theapplication shall be entertained by the Tribunal if it is made within theperiod referred to in clause (a), or, as the case may be, clause (b), ofsub-section (1) or within a period of six months from the said date, whicheverperiod expires later.
(3)Notwithstanding anything contained in sub-section (1) or sub-section (2), anapplication may be admitted after the period of one year specified in clause(a) or clause (b) of section (1) or, as the case may be, the period of sixmonths specified in sub-section (2), if the applicant satisfies the Tribunalthat he had sufficient cause for not making the application within such period.
22.Procedure and powers of Tribunals: (1) ATribunal shall not be bound by the procedure laid down in the Code of CivilProcedure, 1908, but shall be guided by the principles of natural justice andsubject to the other provisions of this Act and of any rules made by theCentral Government, the Tribunal shall have power to regulate its own procedureincluding the fixing of places and times of its inquiry and deciding whether tosit in public or in private.
(2) ATribunal shall decide every application made to it as expeditiously as possibleand ordinarily every application shall be decided on a perusal of documents andwritten representations and 1 [after hearing such oralarguments as may be advanced].
(3) ATribunal shall have for the purpose of 2[discharging its functions under this Act], the same powers as are vested in acivil court under the Code of Civil Procedure, 1908, (5 of 1980) while trying asuit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person andexamining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d)subject to the provisions of sections 123 and 124 of the Indian Evidence Act,1872, requisitioning any public record or documents or copy of such record ordocument from any office;
(e) issuing commissions for the examination of witness ordocuments;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding itexparte;
(h) setting aside any order of dismissal or any representationfor default or any order passed by it exparte; and
(i) any other matter which may be prescribed by the CentralGovernment.
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1. Substituted for the words "afterhearing of oral arguments, if any, allowed by the Tribunal in the circumstancesof the case" by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 15 (a).
2. Substituted for the words "holdingany inquiry" by the Administrative Tribunals (Amendment) Act, 1986 (19 of 1986)Section 9 (b).
23.Right of applicant to take assistance of legal practitionerand of Government, etc., to appoint presenting officers: (1) Aperson making an application to a Tribunal under this Act may either appear inperson or take the assistance of a legal practitioner of his choice to presenthis case before the Tribunal.
(2) TheCentral Government or a State Government or a local or other authority orcorporation 1 [or society], to which the provisions ofsub-section (3) of section 14 or sub-section (3) of section 15 apply, 2 [mayauthorise one or more legal practitioners or any of its officers to act aspresenting officers and every person so authorised by it may present its casewith respect to any application before a Tribunal].
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1. Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 16 (a).
2. Substituted for the words"may appoint one or more persons (whether legal practitioners or not) toact as presenting officers and a person so appointed, or any legal practitionerduly authorised in this behalf, by it may present its case with respect to anyapplication before a Tribunal." by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 16 (b).
24.Conditions as to making of interim orders: Notwithstandinganything contained in any other provisions of this Act or in any other law forthe time being in force, no interim order (whether by way of injunction or stayor in any other manner) shall be made on, or in any proceedings relating to, anapplication unless-
(a)copies of such application and of all documents in support of the plea for suchintern order are furnished to the party against whom such application is madeor proposed to be made; and
(b) opportunity is given to such party to be heard in thematter:
Providedthat a Tribunal may dispense with the requirements of clauses (a) and (b) andmake an interim order as an exceptional measure if it is satisfied, for reasonsto be recorded in writing, that it is necessary so to do for preventing anyloss being caused to the applicant which cannot be adequately compensated inmoney but any such interim order shall, if it is not sooner vacated, cease tohave effect on the expiry of a period of a fourteen days from the date on whichit is made unless the said requirements have been complied with before theexpiry of that period and the Tribunal has continued the operation of theinterim order.
1 [25.Powerof Chairman to transfer cases from one Bench to another: On the applicationof any of the parties and after notice to the parties, and after hearing suchof 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, toany other Bench.
26.Decisionto be by majority: If the Members of a Bench differ inopinion on any point, the point shall be decided according to the opinion ofthe 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 referenceto the Chairman who shall either hear the point or points himself or refer thecase for hearing on such point or points by one or more of the other Members ofthe Tribunal and such point or points shall be decided according to the opinionof the majority of the Members of the Tribunal who have heard the case,including those who first heard it.]
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1.Substituted for original Sections 25 and 26 were by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 17.
27.Executionof orders of a Tribunal: Subject to the other provisions of thisAct and the rules, 1 [the order of a Tribunalfinally disposing of an application or an appeal shall be final and shall notbe 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 referredto in clause (a) of sub-section (2) of section 20 (whether or not such finalorder had actually been made) in respect of the grievance to which theapplication relates would have been executed.
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1. Substituted for the words "theorder of a Tribunal finally disposing of an application" by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 18.
CHAPTER V
MISCELLANEOUS
28.Exclusion of jurisdiction of courts except the SupremeCourt under article 136 of the constitution. Transfer of pending cases: On andfrom and date from which any jurisdiction, powers and authority becomesexercisable under this Act by a Tribunal in relation to recruitment and mattersconcerning recruitment to any Services or post or service matters concerningmembers of any Service or persons appointed to any Service or post, 1 [nocourt except –
(a) the Supreme Court; or
(b) anyIndustrial Tribunal, Labour Court or other authority constituted under theIndustrial Disputes Act, 1947 (14 of 1947) or any other corresponding law forthe time being in force, shall have], or
beentitled to exercise any jurisdiction, powers or authority in relation to suchrecruitment or matters concerning such recruitment or such service matters.
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1. Substituted for the words "nocourt (except the Supreme Court under article 136 of the Constitution) shallhave" by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 19.
29.Transfer of pending cases: (1) Every suit or otherproceeding pending before any court or other authority immediately before thedate of establishment of a Tribunal under this Act, being a suit or proceedingthe cause of action where on it is based is such that it would have been, if ithad arisen after such establishment, within the jurisdiction of such Tribunal,shall stand transferred on that date to such Tribunal.
Providedthat nothing in this sub-section apply to any appeal pending as aforesaidbefore a High Court 1 [*].
(2) thedate with effect from which jurisdiction is conferred on a Tribunal in relationto any local or other authority or corporation 2 [orsociety], being a suit or proceeding the cause of action whereon it is based issuch that it would have been, if it had arisen after the said date, within thejurisdiction of such Tribunal, shall stand transferred on that date to suchTribunal;
Providedthat nothing in this sub-section shall apply to any appeal pending as aforesaidbefore a High-Court 1 [*].
Explanation:For the purposes of this sub-section "date with effect from whichjurisdiction is conferred on a "Tribunal", in relation to any localor other authority or corporation means the date with effect from which theprovisions 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.
(3)Where immediately before the date of establishment of a Joint AdministrativeTribunal any one or more of the States for which it is established, has or havea State Tribunal or State Tribunals, all cases pending before such StateTribunal or State Tribunals immediately before the said together with therecords thereof shall stand transferred on that date to such JointAdministrative Tribunal.
Explanation:For the purposes of this Sub-section, "State Tribunal" means aTribunal established under sub-section (2) of section 4.
(2)Where any suit, appeal or other proceeding stands transferred from any court orother authority to a Tribunal under sub-section (1) or sub-section (2):-
(a) thecourt or other authority shall, as soon as may be after such transfer, forwardthe records of such suit, appeal or other proceeding to the Tribunal; and
(b) theTribunal 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 caseof an application under section 19 from the stage which was reached before suchtransfer or from any earlier stage or de novo as the Tribunal may deem fit.
(5)Where any case stands, transferred to a Joint Administrative Tribunal undersub-section (3) the Joint Administrative Tribunal may proceed to deal with suchcase from the stage which was reached before it stood so transferred.
3 [(6)Every case pending before a Tribunal immediately before 4 thecommencement of the Administrative Tribunals (Amendment) Act, 1987, being acase 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 suchcommencement to such court.
(7)Where any case stands transferred to a court under sub–section (6), thatcourt may proceed to deal with such case from the stage which was reachedbefore it stood so transferred.]
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1. The words "or theSupreme court" omitted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 20 (a) and Section 20 (b) (i).
2. Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 20 (b) (i).
3. Inserted by the Administrative Tribunals(Amendment) Act, 1987 (51 of 1987) Section 5.
4. 22nd December, 1987.
1 [29A.Provisionfor filing of certain appeals: Where any decree or order has been made orpassed by any court (other than a High Court) in any suit or proceeding beforethe establishment of a Tribunal, being a suit or proceeding the cause of actionwhereon it is based is such that it would have been, if it had arisen after suchestablishment, within the jurisdiction of such Tribunal, and no appeal has beenpreferred against such decree or order before such establishment and the timefor preferring such appeal under any law for the time being in force had notexpired before such establishment, such appeal shall lie–
(a) tothe Central Administrative Tribunal, within ninety days from the date on whichthe Administrative Tribunals (Amendment) Bill, 1986 receives the assent of thePresident, or within ninety days from the date of receipt of the copy of suchdecree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from itsestablishment or within ninety days from the date of receipt of the copy ofsuch decree or order, whichever, is later.]
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1. Inserted by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 21.
30.Proceedings before a Tribunal to be judicial proceedings: Allproceedings before a Tribunal shall be deemed to be judicial proceedings withinthe 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: Thechairman, Vice-chairman and other Members and the officers and other employeesprovided under section 13 to a Tribunal, a shall be deemed to be publicservants within the meaning of section 21 of the Indian Penal Code (45 of1860).
32.Protection of action taken in good faith: Nosuit, prosecution or other legal proceeding shall lie against the Central orState Government or against the Chairman, Vice-Chairman or other Member of anyCentral or Joint or State Administrative Tribunal, or any other personauthorised by such Chairman, Vice-Chairman or other Member for anything whichis in good faith done or intended to be done in pursuance of this act or anyrule or order made thereunder.
33.Actto have overriding effect: The provisions of this Act shall haveeffect notwithstanding anything inconsistent therewith contained in any otherlaw for the time being in force or in any instrument having effect by virtue ofany law other than this Act.
34.Power to remove difficulties: (1) If any difficultyarises in giving effect to the provisions of this Act, the Central Governmentmay, by order published in the Official Gazette, make such provisions, notinconsistent with the provisions of this Act as appear to it to be necessary orexpedient 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, bynotification, make rules to carry out the provisions of this Act.
(2)Without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely: –
(a) the case or cases which shall be decided by a Bench composedof more than 1 [two Members] under clause (d) ofsub-section 5;
(b) the procedure under sub-section (3) of section 9 for theinvestigation of misbehaviour or incapacity of Chairman, Vice-Chairman or otherMember;
(c) the salaries and allowances payable to, and the other termsand conditions of, the Chairman, Vice-Chairman and other Members;
(d) theform in which an application may be made under section 19, the documents andother evidence by which such application shall be accompanied 2 [ andthe fees payable in respect of the filing of such application or for theservice or execution of processes];
(e) therules subject tow which a Tribunal shall have power to regulate its ownprocedure under sub-section (1) of section 22 and the additional matters inrespect of which a Tribunal may exercise the powers of a civil court underclause (i) of sub-section (3) of that section; and
(f) any other mater which may be prescribed or in respect ofwhich rules are required to be made by the Central Government.
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1. Substituted for the words "twoMembers" by theAdministrative Tribunals (Amendment) Act, 1986 (19 of 1986) Section 22 (a).
2. Substituted for the words "andthe fees payable in respect of such application" by the Administrative Tribunals(Amendment) Act, 1986 (19 of 1986) Section 22 (b).
36.Power of the appropriate Government to make rules: Theappropriate Government may, by notification, make rules to provide for all orany of the following matters, namely:-
(a) the financial and administrative powers which the Chairmanof a Tribunal may exercise over the 1[*] Benches of the Tribunal under section 12;
(b) the salaries and allowances and conditions of service of theofficers 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 35in respect of which rules are required to be made by the appropriateGovernment.
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1. The words "principalBench and the additional" omitted by the Administrative Tribunals (Amendment) Act, 1986(19 of 1986) Section 23.
1 [36A.Powerto make rules: 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 makesuch rules or any of them retrospectively from a date not earlier than the dateon which this Act received the assent of the President, but no suchretrospective effect shall be given to any such rule so as to prejudiciallyaffect the interests of any person to whom such rule may be applicable.]
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1. Inserted by the Administrative Tribunals(Amendment) Act, 1987 (51 of 1987) Section 6.
37.Layingof rules: (1)Every rule made under this Act by the Central Government shall be laid, as soonas may be after it is made, before each House of Parliament, while it is insession, for a total period of thirty days which may be comprised in onesession or in two or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessions aforesaid,both Houses agree in making any modification in the rule of both Houses agreethat the rules should not be made, the rules shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, thatany such modification or annulment shall be without prejudice to the validity ofanything previously done under that rule.
(2)Every rule made by a State Government under this Act shall be laid, as soon asmay be after it is made, before the State Legislature.
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