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
of any local or other authority within the territory of India or under
the control of the Government of India or of 1 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:--
BE it enacted by Parliament in the Thirty- sixth Year of the Republic of India as follows:--
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 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 2[ 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 2[ 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; Date of State Notification No. Commencement and Date 1. 1. 1985
Gujarat G. S. R. 956 (E), 31. 12. 1985 1. 1. 1985 Himachal Pradesh G.
S. R. 956 (E), 31. 12. 1985 1. 1. 1985 Karnataka G. S. R. 956 (E), 31.
12. 1985 1. 1. 1985 Maharashtra G. S. R. 956 (E), 31. 12. 1985 1. 1.
1985 Madhya Pradesh G. S. R. 956 (E), 31. 12. 1985 1. 1. 1985 Orissa
G. S. R. 956 (E), 31. 12. 1985 5. 12. 1986 Tamil Nadu G. S. R. 1254
(E), 5. 12. 1986 3. 8. 1989 Arunachal Pradesh G. S. R. 638 (E), 3. 8.
1989 1. 11. 1989 Andhra Pradesh G. S. R. 921 (E), 25. 10. 1989 . 22.
10. 1991 Bihar S. D. 715 (E), 22. 10. 1991 .
1. Subs. by Act 19 of 1986, S. 2 (w. e. f. 22- 1- 1986 ). 2. 1- 7-
1985: Vide Notification No. G. S. R. 527 (E), dated 1- 7- 1985. 3.
Omitted by Act 19 of 1986 S. 3 (w. e. f. 1- 11- 1985 ).
(c) any officer or servant of the Supreme Court or of any High Court 1[ or courts subordinate there to];
(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 or, in
the case of a Union territory having a Legislature, of that
Legislature.
3. Definitions. In this Act, unless the context otherwise requires,--
(a) 2[ " Administrative Member" means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);]
(aa) 3[ ]"
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;
(c) " appointed
day", in relation to a Tribunal, means the date 4[ with effect from
which it is established, by notification, under section 4;
(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;
(f) " Central Administrative Tribunal" means the Administrative 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 States established under sub- section (3) of section 4;
(i) 5[ " Judicial
Member" means a Member of a Tribunal appointed as such under this Act,
and includes the Chairman or a Vice- 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 and a Vice- 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; 6[
(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 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 1[ or society] owned or controlled by the Government, as respects--
1. Ins. by Act 51 of 1987, S. 2. 2. Subs. by Act 19 of 1986 s. 4 (w.
e. f. 22. 1. 1986 ). 3. Relettered by s. 4, ibid. (w. e. f. 22. 1.
1986 ). 4. 1. 11. 1985: Vide Notification No. G. S. R. 764 (E), dated
28. 9. 1985. 5. Subs. by s. 4, ibid. (w. e. f. 22. 1. 1986 ). 6.
Omitted by s. 4, ibid. (w. e. f. 22. 1. 1986 ).
(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) 1[ " 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;
(t) " Tribunal" means the Central Administrative Tribunal or a State Administrative 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 the Vice-
Chairman in this Act shall be construed as a reference to each of those
Vice- Chairmen. CHAP ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
CHAPTER II ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
4. Establishment of Administrative Tribunals.
(1) The Central
Government shall, by notification, establish an Administrative Tribunal,
to be known as the Central Administrative Tribunal, to 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.
1. Ins. by Act 19 of 1986, S. 4 (w. e. f. 22- 1- 1986 ).
(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, Vice-
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) 1[
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 the 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 under 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 Vice- Chairman 2[ and
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) 2[ Subject to
the other provisions of this Act, a Bench shall consist of one Judicial
Member and one Administrative Member.] 3[
(4) Notwithstanding anything contained in sub- section (1), 3[ the Chairman--
(a) 2[ 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 the
Vice- Chairman or other Member from one Bench to another Bench; 2[ '
(c) may authorise the Vice- Chairman or the Judicial Member or the
Administrative Member appointed to one Bench to discharge also the
functions of the Vice- Chairman or, as the case may be, 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 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 2[ two members], issue such
general or special orders, as he may deem fit. 1[ Provided that every
Bench constituted in pursuance of this clause shall include at least one
Judicial Member and one Administrative Member.] 3[
1. Ins. by Act 19 of 1986, s. 5 (w. e. f 22- 1- 1986 ). 2. Subs. by
s. 6, ibid. (w. e. f 1- 11- 1985 ). 3. Omitted by s. 6, ibid. (w. e. f.
1. 11. 1985 ).
(6) Notwithstanding
anything contained in the foregoing provisions of this section, it
shall be competent for the Chairman or any other Member authorised by
the Chairman in this behalf to function as 1[ 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 1[ 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) 2[ 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.".
6. Qualifications for appointment as Chairman, Vice- Chairman or other Member.
(1) A person 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, 3[ 3[
(2) A person shall not be qualified for appointment as the Vice- Chairman unless he--
(a) 4[ is, or has been, or is qualified to be, a Judge of a High Court; or]
(b) has, for at
least two years, held the post of a Secretary to the Government of India
or any other post under the Central or a State Government carrying a
scale of pay which is not less than that of a Secretary to the
Government of India; or
(bb) 5[ has, for at
least five years, held the post of an Additional Secretary to the
Government of India or any other post under the Central or a State
Government carrying a scale of pay which is not less than that of an
Additional Secretary to the Government of India; or]
(c) has, for a period of not less than three years, held office as 2[ a Judicial member or an Administrative Member]
(3) 2[ A person 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 High Court; or
(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years.
(3A) A person shall not be qualified for appointment as an Administrative Member unless he--
(a) has, for at
least two years, held the post of an Additional Secretary to the
Government of India or any other post under the Central or a State
Government carrying a scale of pay which is not less than that of an
Additional Secretary to the Government of India; or
(b) has, for at
least three years, held the post of a Joint Secretary to the Government
of India or any other post under the Central or a State Government
carrying a scale of pay which is not less than that of a Joint Secretary
to the Government of India, and shall, in either case, have adequate
administrative experience.];
(4) 2[ ' Subject to
the provisions of sub- section (7), the Chairman], Vice- Chairman and
every other Member of the Central Administrative Tribunal shall be
appointed by the President.
1. Subs. by Act 19 of 1986, S. 6 (w. e. f. 1. 11. 1985 ). 2. Subs,
by Act 51 of 1987, S. 3. 3. Omitted by s. 3, ibid. 4. Subs. by s. 3,
ibid. 5. Ins. by Act 19 of 1986, s. 7 (w. e. f. 22. 1. 1986 ).
(5) 1[ Subject to
the provisions of sub- section (7), the Chairman], Vice- 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.
(6) The Chairman,
Vice- Chairman and every other Member of a Joint Administrative Tribunal
shall, subject to the terms of the agreement between the participating
State Governments published under sub- section (3) of section 4, 2[ and
subject to the provisions of sub- section (7)] be appointed by the
President after consultation with the Governors of the concerned States.
(7) 3[ No
appointment of a person possessing the qualifications specified in this
section as the Chairman, a Vice- Chairman or a Member shall be made
except after consultation with the Chief Justice of India].
Explanation.-- In computing, for the purposes of this section, the
period during which a person has held any post under the Central or a
State Government, there shall be included the period during which he has
held any other post under the Central or a State Government including
an office under this Act carrying the same scale of pay as that of the
first mentioned post or 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 occurrance 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 Vice- Chairman as the appropriate
Government may, by notification, authorise 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, the Vice- Chairman or, as the case may be, such one
of the Vice- Chairmen as the appropriate Government may, by
notification, authorise in this behalf, shall discharge the functions of
the Chairman until the date on which the Chairman resumes his duties.
8. 4[ Term of
office. The Chairman, Vice- Chairman or other Member shall hold office
as such for a term of five years from the date on which he enters upon
his office, but shall be eligible for re- appointment for another term
of five years: Provided that no Chairman, Vice- Chairman or other Member
shall hold office as such after he has attained,--
(a) in the case of the Chairman or Vice- Chairman, the age of sixty- five years, and
(b) in the case of any other Member, the age of sixty- two years.].
9. Resignation and removal.
(1) The Chairman,
Vice- Chairman or other Member may, by notice in writing under his hand
addressed to the President, resign his office: Provided that the
Chairman, Vice- 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 from 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,
Vice- 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, Vice- 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.
1. Subs. by Act 19 of 1986, S. 7 (w. e. f. 22. 1. 1986 ). 2. Ins. by
s. 7, ibid. (w. e. f. 22. 1. 1986 ). 3. Subs. by Act 51 of 1987, S.
3. 4. Subs. by S. 4, ibid.
(3) The Central
Government may, by rules, regulate the procedure for the investigation
of misbehaviour or incapacity of the Chairman, Vice- 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, Vice- 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, Vice- Chairman or
other Member shall be varied to his disadvantage 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 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 Vice- 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) the Vice-
Chairman of the Central Administrative Tribunal shall, subject to the
other provisions of this Act, be eligible for appointment as the
Chairman of that Tribunal or as the Chairman or Vice- Chairman of any
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;
(d) the Vice-
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 of that Tribunal or as the Chairman or
Vice- Chairman of the Central Administrative Tribunal or 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;
(e) a Member (other
than the Chairman or Vice- Chairman) of any Tribunal shall, subject to
the other provisions of this Act, be eligible for appointment as the
Chairman or Vice- 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,
Vice- Chairman or other Member shall not appear, 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 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 1[ or society] owned or controlled by the Government.
12. Financial and
administrative powers of the Chairman. The Chairman shall exercise such
financial and administrative powers over the 2[ Benches as may be
vested in him under the rules made by the appropriate Government:
Provided that the Chairman shall have authority to delegate such of his
financial and administrative powers as he may think fit to 3[ the Vice-
Chairman or any officer of the Tribunal, subject to the condition that
the Vice- Chairman or such officer] shall, while exercising such
delegated powers, continue to act under the direction, control and
supervision of the Chairman.
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 think fit.
(1A) 4[ The
officers and other employees of a Tribunal shall discharge their
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. CHAP JURISDICTION, POWERS AND AUTHORITY
OF TRIBUNALS CHAPTER III 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 5[ 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 services, 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 to 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 6[ or
society] owned or controlled by the Government;
1. Ins. by Act 19 of 1986, S. 8 (w. e. f. 22. 1. 1986 ). 2. Omitted
by S. 9, ibid. (w. e. f. 22. 1. 1986 ). 3. Subs. by s. 9, ibid. (w. e.
f. 22. 1. 1986 ). 4. Ins. by S. 10, ibid. (w. e. f. 22. 1. 1986 ). 5.
Omitted by s. 11, ibid. (w. e. f. 22. 1. 1986 ). 6. Ins. by s. 11.
ibid. (w. e. f. 22. 1. 1986 ).
(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 1[ or society] or other body, at the
disposal of the Central Government for such appointment. 2[
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 1[ or societies]
owned or controlled by Government, not being a local or other authority
or corporation 1[ or society] controlled 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 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 1[ 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 1[ or society], all the jurisdiction, powers
and authority exercisable immediately before that date by all courts
(except the Supreme Court 3[ ) 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 1[ or
society]; and
(b) all service
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
in connection with the affairs of such local or other authority or
corporation 1[ 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 4[ ) 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
or of any local or other authority under the control of the State
Government or of any corporation owned 5[ or society] 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 service have
been placed by any such local or other authority or corporation 1[ or
society] or other body as is controlled or owned by the State
Government, at the disposal of the State Government for such
appointment.
1. Ins. by Act 19 of 1986, S. 11 (w. e. f. 22. 1. 1986 ). 2. Ins. by
S. 11 ibid (w. e. f. 1. 11. 1985 ). 3. Omitted by S. 11, ibid. (w. e.
f. 22. 1. 1986 ). 4. Omitted by S. 12, ibid. (w. e. f. 22. 1. 1986 ).
5. Ins. by S. 12, ibid. (w. e. f. 22. 1. 1986 ).
(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 corporations 1[ 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 1[ 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 corporation 2[ or society], all the jurisdiction, powers
and authority exercisable immediately before that date by all courts
(except the Supreme Court 2[ ) 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 1[ 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) of section 14] appointed
to any service or post in connection with the affairs of such local or
other authority or corporation 1[ 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. 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 construed as including a reference to such Tribunal;
1. Ins. by Act 19 of 1986, S. 12 (w. e. f. 22. 1. 1986 ). 2. Omitted s. 12, ibid. (w. e. f. 22. 1. 1986 ).
(b) the references 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 1[ 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 2[ 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 of
doubts, it is hereby declared that the expression" matters" includes
applications under section 19. CHAP PROCEDURE CHAPTER IV 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 on by any corporation 3[
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 3[ 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) 4[ in respect of the filing of such
application and by such other fees for the service or execution of
processes, as may be prescribed by the Central Government.]
(3) 4[ 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 where 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.
1. Subs. by Act 19 of 1986, S. 13 (w. e. f. 22. 1. 1986 ). 2.
Omitted by S. 13, (w. e. f. 22. 1. 1986 ). 3. Ins. by S. 14, ibid. (w.
e. f. 22. 1. 1986 ). 4. Subs. by S. 14, ibid. (w. e. f. 22. 1. 1986 ).
20. Applications 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 of 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- -
(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 1[ after hearing such oral
arguments as may be advanced"].
(3) A Tribunal
shall have, for the purposes of 1[ 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 on affidavits;
(d) subject to the
provisions of sections 123 and 124 of the Indian Evidence Act, 1872 , (1
of 1872 .) requisitioning any public record or document or copy of
such record or document from any office;
(e) issuing commissions for the examination of witness 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 for 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 2[ or society], to which the provisions of sub- section (3)
of section 14 or sub- section (3) of section 15 apply, 3[ may
authorise one or more legal practitioners or any of its officers to act
as presenting officers and every person so authorised by it may present
its case with respect to any application before a Tribunal"]
1. Subs. by Act 19 of 1986, S. 15 (w. e. f. 22. 1. 1986 ). 2. Ins.
by S. 16, ibid. (w. e. f. 22. 1. 1986 ). 3. Subs. by S. 16, ibid. (w.
e. f. 22. 1. 1986 ).
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 or 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) and make an
interim order as an 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. 1[ 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. 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, 2[ 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) of 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.
CHAP MISCELLANEOUS CHAPTER V MISCELLANEOUS
1. Subs. by Act 19 of 1986, S. 17 (w. e. f. 22. 1. 1986 ). 2. Subs. by S. 18, ibid. (w. e. f. 22. 1. 1986 ).
28. Exclusion of
jurisdiction of courts except the Supreme Court under article 136 of the
Constitution. 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, or be entitled to exercise any
jurisdiction, powers or authority in relation to such recruitment or
matters concerning such recruitment or such service matters. 1[ no
court except--
(a) the Supreme Court; or
(b) any Industrial
Tribunal, Labour Court or other authority constituted under the
Industrial Disputes Act, 1947 or any other corresponding law for the
time being in force, shall have"].
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[
(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 3[
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 2[ 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 2[ 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
2[ 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
1. Subs. by Act 19 of 1986, S. 19 (w. e. f. 1. 11. 1985 ). 2.
Omitted by S. 20, ibid. (w. e. f. 22. 1. 1986 ). 3. Ins. by S. 20,
ibid. (w. e. f. 22. 1. 1986 ).
(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
stands 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) 1[ 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.]
29A. 2[ Provision
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
expireo 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
(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, Vice- 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, Vice- Chairman or other Member of any Central or Joint or
State Administrative Tribunal, or any other person authorised by such
Chairman, Vice- 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 3[ two
members] under clause (d) of sub- section (4) of section 5;
(b) the procedure
under sub- section (3) of section 9 for the investigation of
misbehaviour or incapacity of Chairman, Vice- Chairman or other Member;
1. Ins. by Act 51 of 1987, S. 5. 2. Ins. by Act 19 of 1986, S. 21
(w. e. f. 22. 1. 1936 ). 3. Subs. by S. 22, ibid. (w. e. f. 22. 1.
1986 ).
(c) the salaries and allowances payable to, and the other terms and conditions of, the Chairman, Vice- 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 1[ 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 the 2[ 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.
36A. 3[ The 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 Houses 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.
1. Subs. by Act 19 of 1986, S. 22 (w. e. f. 22. 1. 1986 ). 2.
Omitted by S. 23, ibid. (w. e. f. 22. 1. 1986 ). 3. Ins. by Act 51 of
1987, S. 6.
