Preamble .

Preamble

To provide for the constitution of a Tribunal to adjudicate disputes in respect of certain conditions of service of certain classes of Civil servants of the State.

It is hereby enacted in the Twenty-eighth year of the Republic of India as follows: —

S.1 Short title, extent and commencement

(1) This Act may be called the Assam Administrative Tribunal Act, 1977.

(2) It shall extend to the whole come in to force on the Third day of January 1977.

(3) It shall be deemed to have come in to force on the Third day of January 1977.

S.2 Definitions

In this Act unless the Context otherwise requires: —

(a) “Chairman” means the Chairman of the Tribunal;

(b) “Civil servant” means a person who is or has been a member of a civil service or who holds or has held a civil post in connection with affairs of the State of Assam and includes any such person on foreign service, a person whose services have been temporarily placed at the disposal of a local or oth

S.3 Constitution of the Tribunal

(1) State Government shall constitute for the State of Assam a Tribunal to be known as the Assam Administrative Tribunal.

(2) The Tribunal consist of three members to be appointed by the State Government.

(3) The State Government shall appoint one of the members of the Tribunal to act as the Chairman thereof.

(4) The Chairman shall be a person who at time

S.4 Jurisdiction

(1) Save as otherwise expressly provided in sub-section (2) below the Tribunal shall have jurisdiction to entertain and disposed of appeals preferred by civil servant against any order passed by a competent authority in respect of any condition of service.

(2) Notwithstanding anything contained in sub-section (1) above, the Tribunal shall have o jurisdiction with respect to any order passed, when civil servant has not availed of all the

S.5 Limitation

No appeal shall a lie to the Tribunal after the expiry of 60 das from the date of the order appealed against:

Provided that the Tribunal may entertain an appeal after the expiry of sixty days from date of passing the order if the Tribunal is satisfied that the Civil servant was prevented by any sufficient cause from preferring the appeal within the aforesaid period.

S.6 Powers of the Tribunal

The Tribunal shall, for the purpose of the disposal of an appeal have all the powers of a civil court for the trial of a suit under the Code of Civil Procedure, 1908 (5 of 1908) 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;

Clerical or arithmetical mistakes in decision or order or errors arising therein from any accidental slip or omission may at any time be corrected by the Tribunal either of is own motion or on the application of any of the parties.

S.8 Procedure before Tribunal

(1) Subject to the provisions of this Act and the rules framed there under the Tribunal shall have power to regulate its own procedure and for the constitution of Benches, if any, for the disposal of all matters arising out of the exercise of its powers under the provisions of this Act.

(2) At least two of the Members of the Tribunal will hear and pass orders on appeals preferred before the Tribunal.

(1) (a) The order of the Tribunal passed in any appeal under the provisions of the Act shall be final.

(b) Notwithstanding anything contained in sub-section (1) (a) above, the Tribunal may, on the application of any of the parties, review its own decision or order in any case and may pass such order as it thinks fit:

Provided that no such decision or order shall be reviewed unless

S.10 Representation before Tribunal

The Government, the competent authority as well as the civil servant preferring any appeal shall have the right to be represented before the Tribunal through a duly authorised representative or by an Advocate.

S.11 Contempt

(1) The Tribunal shall be deemed to be a Civil Court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the Contempt of Courts Act, 1971 (Central Act 70 of 1971).

(2) The proceedings before the Tribunal shall be deemed to be a judicial Proceeding within the meaning of Section 193 of Indian Penal Code, 1860 (Central Act No. 45 of 1860).

S.12 Power to make rules

 (1) The State Government may, by notification in the official Gazette make rules for the purposes of giving effect to the provisions of this Act.

(2) All rules made under this Section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made and shall be subject to such modifications as the Legislative Assembly may make during

S.13 Power to make regulation by the Tribunal

(1) Subject to the previous sanction of the State Government, the Tribunal shall, from time to time frame regulations consistent with the provisions of this Act and rules made under Section 12 for regulating its procedure and disposal of its business.

(2) The regulations made under sub-section (1) shall be published in the Assam Gazette.

S.14 Repeal and Savings

(1) The Assam Administrative Tribunal Ordinance 1976, is hereby repealed.

(2) Notwithstanding such repeal, any order, passed notifications issued, anything done or any action taken under the Assam Administrative Tribunal Ordinance, 1976, shall be deemed to have been passed, issued, done or taken under the corresponding provisions of this Act.