ADMINISTRATIVE TRIBUNALS ACT, 1985
(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 date1 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 date2 as the Central Government may, by notification, appo
The provisions of this Act shall not apply to -
(a) any member of the naval, military or air force or of any other armed forces of the Union;
(b) Omitted
(c) any officer or servant of the Supreme Court or any High Court or Courts subordinate thereto;
(d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union territory having a Legislature, of that Legislature.
In this 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 of clause (i);]
2[(aa)] “Administrative Tribunal”, in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or States;
(b) “application” means an application made under section 19;
(c) “appointed day”, in relation to a Tribunal, means the date with effect from which it is established, by notification, under section 4;
(d) “appropriate Government” means,—
(1) The Central Government shall, by notification, establish an Administrative Tribunal, to be known as the Central Administrative Tribunal1, 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 agreemen
(1) Each Tribunal shall consist of 1[a Chairman and such number of Judicial and Administrative Members] as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.
2[(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) 4[***], the Chairman—
5[(a) may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Memb
(1) A person shall not be qualified for appointment as the Chairman unless he is, or has been, a Judge of a High Court:
Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.
(2) A person shall not be qualified for appointment,
(a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any othe
(1) In the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the Vice-Chairmen or, as the case may be, such one of the Vice-Chairmen as the appropriate Government may, by notification, authorize in this behalf, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.
(2) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the Vice-Chairman or, as the case may be, such one of the Vice-Chairmen as the appropriate Government may, by notification, authorize in this behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.
(1) The Chairman shall hold office as such for a term of five years from the date on which he enters upon his office:
Provided that no Chairman shall hold office as such after he has attained the age of sixty-eight years.
(2) A Member shall hold office as such for a term of five years from the dale on which he enters upon his office extendable by one more term of five years:
Provided that no Member shall hold office as such after he has attained the age of sixty-five years.
(3) The conditions of service of Chairman and Members shall be the same as applicable to Judges of the High Court.]
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(1) The Chairman, 1[***] or other Member may, by notice in writing under his hand addressed to the President, resign his office:
Provided that the Chairman, 1[***] 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, 1[***] 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, 1[***] or other Member had been informed of the charges against him and given a reasonable opport
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, 1[***] 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, 1[***] or other Member shall be varied to his disadvantage after his appointment:
2[Provided further that where a serving Government officer is appointed as a Member, he shall be deemed to have retired from the service to which he belonged on the date on which he assumed the charge of the Member but his subsequent service as Member shall, at his option, be reckoned as a post-retirement re-employment counting for pension and other retirement benefits in the service to which he belong
The Chairman, Vice-Chairman and Member of a Tribunal appointed before the commencement of the Administrative Tribunals (Amendment) Act, 2006 shall continue to be governed by the provisions of the Act, and the rules made thereunder as if the Administrative Tribunals (Amendment) Act, 2006 had not come into force"
Provided that, however, such Chairman and the Members appointed before the coming into force of Administrative Tribunals (Amendment) Act, 2006, may on completion of their term or attainment of the age of sixty-five or sixty-two years, as the case may be, whichever is earlier may, if eligible in terms of section 8 as amended by the Administrative Tribunals (Amendment) Act, 2006 be considered for a fresh appointment in accordance with the selection procedure laid down for such appointments subject to the condition that the total term in office of the Chairman shall not exceed
(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 1[***] 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;
2[***]
(e) a Member (other than the Chairman 3[***]) of any Tribunal shall, subject to the other provisions of this Act, be eligible for appointment
(2) The appropriate Government may designate one or more Members to be the Vice-Chairman or, as the case may be, Vice-Chairman thereof and the Members so designated shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general or special order in writing.]
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1. Subs. by Act 1 of 2007, sec. 12, for section 12 (w.e.f. 19-2-2007). Earlier section 12 was amended by Act 19 of 1986, sec. 9 (w.r.e.f. 22-1-1986). Section 12, before substitution by Act 1 of 2007, stood as under:
“12. Financial and administrative powers of the Chairman.—The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the
(1) The appropriate Government shall determine the nature and categories of the officers and other employees required to assist a Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may thinks fit.
1[(1A) 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.
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1. Ins. by Act 19 of 1986, sec. 10 (w.r.e.f. 22-1-1986).
(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 1[***] 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
SupremeToday AI Service seems to be Down for a While!
(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 1[***]) 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 co
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.
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 references therein to a High Court shall be construed as including a reference to such Tribunal;
(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 Stat
(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.
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1. Subs. by Act 19 of 1986, sec. 13, for “any additional Bench or Benches of a Tribunal is or are const
(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.
Explanation.—For the purposes of this sub-section, “order” means an order made—
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 1[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 1[or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be a
Legal Comments- "Section 19" - Broad jurisdiction to approach Administrative Tribunals for redressal of grievances in service matters - [Sources discuss wide reach of OA/Section 19 to challenge termination, seniority, promotions, pay, etc.] - [ ["K. Somaiah VS A. P. Public Service Commission - 2001 0 Supreme(AP) 173"] , ["Raghunath Sahu VS State of Odisha - 2024 0 Supreme(Ori) 66"] ]- "Power to mould reliefs" - Tribunal can tailor reliefs to do complete justice between parties - [Source notes Tribunal’s wide remedial powers under Section 19] - [ "K. Somaiah VS A. P. Public Service Commission - 2001 0 Supreme(AP) 173" ]- "Test of vires/constitutional validity" - Tribunals can test vires of statutory provisions and rules under Arts. 323-A/323-B; compliance with proviso to Art. 309 - [Jurisdiction to test constitutional validity] - [ "Andhra Pradesh Panchayat Raj Class-IV Employees Central Association, rep. by its President VS Government of Andhra Pradesh, rep. by its Secretary (Services), GAD - 2013 0 Supreme(AP) 328" ]- "Appropriate forum for recruitment/transfer disputes" - Section 19 applications are maintainable for district-wise recruitment issues and transfer disputes; cannot bypass proper statutory process - [Examples on recruitment, transfer, seniority] - [ "Pyla Suresh VS State Level Police Recruitment Board, State of Andhra Pradesh, rep. by its Chairman - 2018 0 Supreme(AP) 560" , "V. Sivarami Reddy VS State OF A. P. , Medical and Health Dept. - 2001 0 Supreme(AP) 339" ]- "Compassionate appointment under Section 19" - Courts have entertained OA for compassionate appointment; meaningful eligibility and timely application are key - [ Compassionate appointment cases] - [ "RAMESH THAKUR VS H. R. T. C. - 2004 0 Supreme(HP) 144" ]- "Judicial review of disciplinary/termination orders" - CAT can review but not pre-judge charges; order-formation and natural justice require careful handling - [ "Govind Prajapati VS Union of India (UOI) - 2008 0 Supreme(Del) 464" ]- "Apt party presence and joinder" - Absence of necessary parties or lack of notice can render CAT orders susceptible to scrutiny or setting aside - [ "V. Sivarami Reddy VS State OF A. P. , Medical and Health Dept. - 2001 0 Supreme(AP) 339" , "Baljit Singh Bahmania VS Union Of India - 2012 0 Supreme(Del) 1856" ]- "Delay/Laches in Section 19 petitions" - Courts enforce timeliness; delay can bar relief under Section 19; High Courts may rely on limitation provisions - [ "R. Arunachalam & Others VS The Govt. of Tamil Nadu & Others - 2008 0 Supreme(Mad) 1332" , "Jancy M.A., W/o. P.J. Thomas vs State Of Kerala, Represented By The Secretary To Government, Local Self-Government Department, Government Secretariat, Thiruvananthapuram - 2025 0 Supreme(Ker) 2774" ]- "Notion of 'person aggrieved'" - To invoke Section 19, petitioner must have a legal grievance and be directly affected; PIL-type challenges are typically not entertained - [ "Ranvijay Singh VS State of H. P. - 2017 0 Supreme(HP) 495" ]- "Interplay with Article 226/227" - High Courts exercise supervisory review; intervention limited to manifest error or grave injustice; CAT orders are not normally to be treated as appellate – Article 227 scope acknowledged - [ "Madhu S. vs State of Kerala - 2025 0 Supreme(Ker) 2714" ]- "Notion of 'order' under Section 19(1)" - Time-table/recruitment orders may fall within 'order' as contemplated, enabling challenge under OA - [ "V. R. Vishwanath VS State of Karnataka - 2012 0 Supreme(Kar) 589" ]- "Notional promotion/seniority notional relief" - Tribunal can grant notional promotions or seniority considerations where rules support it; misapplication can be corrected by OA - [ "T. L. V. Krishnaiah, Kurnool VS Govt. Of A. P. , rep. by Prl. Secretary - 2023 0 Supreme(AP) 427" ]- "Denovo/fresh inquiry concerns" - Fresh inquiries ordered by Disciplinary Authority can be quashed if improper under Section 19; proper procedure required - [ "KAMAL CHANDRA LOHANI VS UNION OF INDIA - 2015 0 Supreme(All) 1637" ]- "Competing grounds for relief" - Relief can include reinstatement, back salary, notional promotion, or reversal of demotion; Tribunal can fashion remedy per facts - [ "N. Venkata Ramudu S/o N. Thimmappa VS Director of Collegiate Education - 2022 0 Supreme(AP) 587" ]- "Limitations period (Section 21)" - Section 21 prescribes limitation; orders beyond period are subject to interference for jurisdictional error - [ "T. L. V. Krishnaiah, Kurnool VS Govt. Of A. P. , rep. by Prl. Secretary - 2023 0 Supreme(AP) 427" ]- "Judicial caution on 'public interest litigation' via Section 19" - Section 19 petitions require person aggrieved; PIL by strangers is typically not entertained - [ "Ranvijay Singh VS State of H. P. - 2017 0 Supreme(HP) 495" ]- "Reasoned ordering requirement" - Tribunals must provide reasoned decisions addressing objections; lack of reasoning can trigger remand - [ "Municipal Corporation Of Delhi VS Dharamveer Singh - 2024 0 Supreme(Del) 883" ]- "Consequences of non-implementation" - CAT orders can be stayed or remanded for compliance, but ensure due process and legality - [ "Municipal Corporation Of Delhi VS Dharamveer Singh - 2024 0 Supreme(Del) 883" ]- "Compensation and pension interplay" - Cases acknowledge terminal benefits/pension; OA can consider compassionate relief in light of entitlements - [ "Savitri Devi VS Union Of India - 2005 0 Supreme(Del) 933" ]- "Admissibility of review petitions under Section 19" - Review petitions within CAT can be entertained; but must adhere to legal standards and avoid constructive res judicata pitfalls - [ "ACCOUNTANT GENERAL, KARNATAKA, BANGALORE VS S. SRINIVAS - 2001 0 Supreme(Kar) 427" ]- "Authority to assess pay scales and scale-revisions" - CAT can review pay fixation where arbitrariness or violation of articles 14/16 is alleged; court may direct fresh review if DPC fairness questioned - [ "Yogendra Babu Sharma, S/o. Late Shri R. K. Sharma VS Union of India, Through the Secretary, Ministry of Water Resources RD & GR, Government of India - 2023 0 Supreme(Chh) 664" , "State Council of Educational Research & Training VS Harsh Vardhan - 2013 0 Supreme(Del) 1626" ]- "Resignation and re-employment disputes" - Section 19 OA can address mitigation where resignation withdrawal occurs; courts acknowledge withdrawal validity within statutory framework - [ "LEKH RAM VS STATE OF H. P. - 2006 0 Supreme(HP) 109" ]- "Seniorities aligned with OM guidance" - Courts recognize seniority determination based on Government orders/OMs; tribunal’s interpretation respected unless manifest error - [ "RAGHU RAJ SINGH CHAUHAN VS UOI - 2007 0 Supreme(Del) 771" ]- "Transfer guidelines and objections to posting" - Transfer-related OA can be sustained if guidelines followed; tribunals can set aside irregular transfers if procedural flaws found - [ "Vinod Kumar M K, S/o. Mohanan Nair VS State Of Kerala - 2022 0 Supreme(Ker) 168" ]- "Companion note on 'order' interpreted to include administrative actions" - Arbitrary changes to recruitment processes or conditions can be challenged as 'orders' under Section 19(1) - [ "V. R. Vishwanath VS State of Karnataka - 2012 0 Supreme(Kar) 589" ]- "Public interest limitations on Section 19 challenges" - Section 19 petitions require direct aggrieved party; broad public interest challenges should be guarded against - [ "Ranvijay Singh VS State of H. P. - 2017 0 Supreme(HP) 495" ]- "Impact of 1986 amendments (where cited)" - Statutory evolution acknowledged; Section 19 continues as core instrument to challenge service matters before CAT - [ "" (contextual reference) ]- "Interplay with foundational constitutional rights" - Courts have emphasized Articles 14, 16, and 226/227 framework when evaluating pay, seniority, or appointment disputes under Section 19 - [ multiple citations including "Yogendra Babu Sharma, S/o. Late Shri R. K. Sharma VS Union of India, Through the Secretary, Ministry of Water Resources RD & GR, Government of India - 2023 0 Supreme(Chh) 664" , "Madhu S. vs State of Kerala - 2025 0 Supreme(Ker) 2714" ]
Note: The bullet points above summarize legal themes drawn from the provided sources about Section 19 of the Administrative Tribunals Act, 1985, including the scope, remedies, procedural requirements, and limits as reflected in case law. Where a specific factual point was not supported by the provided sources, it has been omitted. References are included in square brackets after each bullet point.
(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
The Administrative Tribunals Act, 1985 was enacted to provide for the establishment of Administrative Tribunals for the adjudication of disputes and complaints regarding the recruitment and conditions of service of persons appointed to public services and posts. Section 20 of this Act specifically addresses the requirement for applicants to exhaust alternative remedies before approaching the Tribunal.
Section 20(1) stipulates that a Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant has availed of all the remedies available to him under the relevant service rules for redressal of grievances. This provision emphasizes the necessity of exhausting administrative remedies before seeking judicial intervention.
The scope of Section 20 encompasses all applications made to the Administrative Tribunals regarding service matters. It aims to ensure that disputes are resolved through established administrative channels before resorting to judicial review.
There are no direct punitive measures outlined in Section 20 itself. However, failure to comply with the requirements of this section may result in the dismissal of applications for lack of jurisdiction.
This commentary provides an overview of Section 20 of the Administrative Tribunals Act, 1985, highlighting its significance in the context of administrative law and the resolution of service-related disputes.
(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 a
Section 21 of the Administrative Tribunals Act, 1985, sets forth the crucial procedural limitation regarding the time frame within which an application can be filed before an administrative tribunal. It emphasizes the importance of timely approach and acts as a statutory bar to stale claims, ensuring the efficiency and finality of tribunal proceedings.
Section 21 prescribes that a tribunal shall not admit an application if it is filed beyond the prescribed limitation period, generally one year from the date of the final order or cause of action, with provisions for condonation of delay under certain circumstances. It underscores that applications must be filed within this period unless sufficient cause is shown for delay, which the tribunal may condone in its discretion.
Section 21 applies to all applications filed before administrative tribunals under the Act, covering disputes related to service, recruitment, promotions, disciplinary actions, and other service matters. It acts as a procedural safeguard to prevent the filing of stale claims and encourages prompt redressal of grievances.
While Section 21 itself does not prescribe punishment, non-compliance—i.e., filing beyond the limitation period—results in the application being barred from admission, leading to dismissal or rejection of the application. This promotes discipline and timeliness in approaching tribunals.
In conclusion, Section 21 of the Administrative Tribunals Act, 1985, is a vital statutory provision that enforces discipline in the filing of applications, ensuring that disputes are raised within a reasonable time frame to uphold the finality of administrative decisions. While it grants tribunals the power to condone delay, such discretion is exercised judiciously, emphasizing the importance of promptness and diligence in pursuing administrative remedies.
Note: The references are based on the provided sources, formatted as per instructions.
(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 2[discharging its functions under this Act], the same powers as are vested in a civil court under the Code of Civil Pr
(1) A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.
(2) The Central Government or a State Government or a local or other authority or corporation or society, to which the provisions of sub-section (3) of section 14 or sub-section (3) of section 15 apply, may authorize one or more legal practitioners or any of its officers to act as presenting officers and every person so authorized by it may present its case with respect to any application before a Tribunal.
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 bein
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.]
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1. Subs. by Act 19 of 1986, sec. 17, for section 25 (w.r.e.f. 22-1-1986).
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.]
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1. Subs. by Act 19 of 1986, sec. 17, for section 26 (w.r.e.f. 22-1-1986).
Subject to the other provisions of this Act and the rules, 1[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.
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1. Subs. by Act 19 of 1986, sec. 18, for “the order of a Tribunal finally disposing of an application” (w.r.e.f. 22-1-1986).
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, 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 (14 of 1947) or any other corresponding law for the time being in force,
shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.
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(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 1[***].
(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 2[or society], being a suit or proceeding the cause of action whereon it is based is such that it would have be
Where any decree or order has been made or passed by any court (other than a High Court) in any suit or proceeding before the establishment of a Tribunal, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie—
(a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
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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).
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1.Subs. by Act 1 of 2007, sec. 13, for “Chairman, Vice-Chairman and other Members” (w.e.f. 19-2-2007).
Not suit, prosecution or other legal proceedings shall lie against the Central or State Government or against the Chairman, Vice-Chairman or other Member of any Central Joint or State Administrative Tribunal, or any other person authorized 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 there under.
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
(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.
(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 1[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 2[Chairman or other Member];
(c) The salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members];
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 1[***] 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.
—————
1. The words “principal Bench and the additional” omitted by Act 19 of 1986, sec. 23 (w.r.e.f. 22-1-1986).
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.]
(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.
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