[No. 13 of 1985]
An
Act to provide for the adjudication or trial by Administrative Tribunals of
disputes and complaints with respect to recruitment and conditions of service
of persons appointed to public services and posts in connection with the
affairs of the Union or of any State or of any local or other authority within
the territory of India or under the control of the Government of India or of
any corporation 1[or society] owned or
controlled by the Government 1[in
pursuance of Article 323-A of the Constitution] and for matters connected
therewith or incidental thereto.
BE
it enacted by Parliament in the Thirty-fifth Year of the Republic of India
as follows: -
* Published
in the Gazette of India Extraordinary, dated the 27th February, 1985Provisions
relating to Central Administrative Tribunal come into force with effect from
the Ist July, 1985 vide GSR No. 527 (E), dated the Ist July, 1985.
1. Inserted
vide The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of
1986). Takes effect from the 22nd January 1986.
CHAPTER I
Preliminary
(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 as the Central Government may, by
notification, appoint.
(4) The
provisions of this Act, in so far as they relate to an Administrative Tribunal
for a State, shall come into force in a State on such date as the Central
Government may, by notification, appoint.
(a) Any
member of the naval, military or air forces or of any other armed forces of the
Union;
1(b) Deleted;
(c) Any
officer or servant of the Supreme Court or of any High Court 2[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.
1. Deleted
vide The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of 1986).
Deemed to have been deleted with effect from the Ist of November, 1985.
2. Inserted
vide The Administrative Tribunal (Amendment) Act, 1987 (No. 51 of 1987). Takes
effect from the 22nd December, 1987.
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, -
(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;
1(j) “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;
3(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;
4(n) Deleted;
(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 5[or society] owned or
controlled by the Government, as respects-
(i) Remuneration
(including allowances), pension and other retirement benefits;
(ii) Tenure
including confirmation, seniority, promotion, reversion, premature retirement
and superannuation;
(iii) Leave
of any kind;
(iv) Disciplinary
matters; or
(v) Any
other matter whatsoever;
(r) “Service
rules as to redressal of grievances”, in relation to any matter, means the
rules, regulations, orders or other instruments or arrangements as in force for
the time being with respect to redressal otherwise than under this Act, or any
grievances in relation to such matters;
3(rr) “Society”
means a society registerd under the Societies Registration Act, 1860 (21 of
1960), 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-Chairmen, references to the Vice-Chairman in this Act
shall be construed as a reference to each of those Vice-Chairmen.
 |
1. Inserted vide
The Administrative Tribunals (Amendment) Act, 1986
2. Renumbered (No.
19 of 1986). Takes effect from the 22nd January, 1986.
3. Substituted vide
The Administrative Tribunals (Amendment) Act, 1986 (No. 19
4. Deleted of
1986) and takes effect from the 22nd January, 1986.
5. Inserted
GOVERNMENT OF INDIA’S
NOTIFICATIONS
(1) ‘Appointed
day’ under Sec. 3 (c), 1-11-1985.-In exercise of the powers conferred by
sub-section (1) of Section 4 of the Administrative Tribunals Act, 1985 (13 of
1985) and in supersession of the Notification No. GSR 667 (E), dated the 20th
August, 1985, the Central Government hereby establishes the Central
Administrative Tribunal with effect from the 1st day of November, 1985, which
shall be the ‘appointed day’ within the meaning of clause (c) of Section 3 of
the Act.
[G.I.,
Dept. of Per. & Trg., Notification No. A-11019/13/85-AT, dated the 28th
September, 1985, published as GSR No. 764 (E) in Gazette of India, of the same
date.]
(2) Delhi,
Allahabad, Bombay, Calcutta and Madras Benches.-In exercise of the powers
conferred by sub-section (7) of Section 5 of the Administrative Tribunals Act,
1985 (13 of 1985) and in supersession of the Notification of the Government of
India in the Ministry of Personnel and Training, Administrative Reforms and
Public Grievances and Pension f Department of Personnel and Training,
Notification No. GSR 609 (E), dated the 26th July, 1985], Central Government
hereby specifies-
(1) Delhi
as the place at which the Principal Bench and the Additional Bench I and
Additional Bench 11 of the Central Administrative Tribunal shall ordinarily
sit; and
(2) Allahabad,
Bombay, Calcutta and Madras as the places at which the other Additional Benches
of the Central Administrative Tribunal shall ordinarily sit.
[G.I.,
Dept. of Per. & Trg., Notification No. A-11019/31 (I)/85-AT, dated the 31st
October, 1985, published as GSR No. 823 (E). in the Gazette of India, of the
same date.]
(3) Bangalore,
Chandigarh and Guwahati Benches.-In exercise of the powers conferred by
sub-section (7) of Section 5 of the Administrative Tribunal Act, 1985 (13 of
1985) and in continuation of the Notification of the Government of India in the
Ministry of Personnel and Training, Administrative Reforms and Public
Grievances and Pension (Department of Personnel and Training), GSR No. 823 (E),
dated the 31st October, 1985, the Central Government hereby specifies
Bangalore, Chandigarh and Guwahati as the places at which the Benches of the
Central Administrative Tribunal shall ordinarily sit with effect from the 3rd
March, 1986.
[G.I.,
Dept. of Per. & Trg., Notification No. A-1 1019/31 (1)/85-AT, dated the
20th February, 1986, published as GSR No. 309 (E), in the Gazette of India, of
the same date.]
(4) Cuttack,
Jabalpur, Jodhpur and Patna Benches.-In exercise of the powers
conferred by sub-section (7) of Section 5 of the Administrative Tribunals Act,
1985 (13 of 1985) and in continuation of the notification of the Government of
India in the Ministry of Personnel, Public Grievances and Pensions (Department
of Personnel and Training), GSR No. 309 (E), dated the 20th February, 1986, the
Central Government hereby specifies Cuttack, Jabalpur, Jodhpur and Patna as the
places at which the Benches of the Central Administrative Tribunal shall
ordinarily sit with effect from the 30th June, 1986.
[G.I.,
Dept. of Per. & Trg., Notification No. A-1 1019/31 (I)/85-AT, dated the
25th June, 1986, published as GSR No. 907 (E), in the Gazette of India, of the
same date.]
(5) Ahmedabad
and Hyderabad Benches.-In exercise of the powers conferred by
sub-section (7) of Section 5 of the Administrative Tribunals Act, 1985 (13 of
1985) and in continuation of the notification of the Government of India in the
Ministry of Personnel, Public Grievances and Pensions (Department of Personnel
and Training), GSR No. 908 (E), dated the 25th June, 1986, the Central
Government hereby specifies Ahmedabad and Hyderabad as the places at which the
Benches of the Central Administrative Tribunal shall ordinarily sit with effect
from the 30th June, 1986.
[G.I
Dept. of Per. & Trg., Notification No. A-1 1019/31 (I)/85-AT, dated the 27t
June, 1986, published as GSR No. 920 (E), in the Gazette of India, of the same
date.
(6) Ernakulam
Bench.-In
exercise of the powers conferred by sub section (7) of Section 5 of the
Administrative Tribunals Act, 1985 (13 o 1985) and in continuation of the
notification of the Government of India in the Ministry of Personnel, Public
Grievances and Pensions (Department of Personnel and Training), GSR No. 920
(E), dated the 27th June 1986, the Central Government hereby specifies
Ernakulam as the place at which the Bench of the Central Administrative
Tribunal shall ordinary sit with effect from the Ist September, 1988.
[G.I.,
Dept. of Per. & Trg., Notification No. A-1 1019/31 (I)/85-AT, dated the I
September, 1988, published as GSR No. 896 (E), in the Gazette of India, of the
same date.]
(7) Lucknow
and Jaipur Benches. -In exercise of the powers conferred by
sub-section (7) of Section 5 of the Administrative Tribunals Ac 1985 (13 of
1985) and in continuation of the notification of the Government of India in the
Ministry of Personnel, Public Grievances and Pensions (Department of Personnel
and Training), No. 11019/31 (i)/85-A dated the Ist September, 1988, the Central
Government hereby specifies Lucknow and Jaipur as the places at which the Bench
of the Central Administrative Tribunal shall ordinarily sit.
[G.I.
Dept of Per. & Trg. Notification No. A. 11019/31 (i)/85-AT,
dated the 15 October, 1991, published as GSR No. 630 (E) in the Gazette of
India, of the same date.]
.webp)
0 Comments