CHAPTER II
Establishment of Tribunals
and Benches thereof
(1) The
Central Government shall, by notification, establish an Administrative Tribune
to be known as the Central Administrative Tribunal, to
exercise jurisdiction, powers and authority conferred on the Central
Administrative Tribune 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.
(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.
1[(5) 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 323-A 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
State Administrative Tribunal and such other incidental and consequential
provisions not inconsistent with this Act as may be deemed necessary or
expedient. ]
1. Inserted
vide The Administrative Tribunals (Amendment) Act, 1986 (No. 19
of 1986) and takes effect from the 22nd January, 1986.
(1) Each
Tribunal shall consist of a Chairman and such number of Vice-Chairmen 1[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.
1(2) Subject
to the other provisions of this Act, a Bench shall consist of one Judicial
Member and one Administrative Member.
2(3) Deleted.
(4) Notwithstanding
anything contained in sub-section (1) 2[ ], the
Chairman-
1[(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 Member,
of any other Bench];
(b) May
transfer the Vice-Chairman or other Member from one Bench to another Bench;
1[(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 1[two
members] issue such general or special orders, as he may deem fit:
3[Provided that every Bench
constituted in pursuance of this clause shall include at least one Judicial
Member and one Administrative Member.]
4(5) Deleted.
(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 3[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 3[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.
5[(7) 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. ]
1. Substituted vide
The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of
1986). Takes effect
from the Ist November, 1985.
2. Deleted
3. Inserted vide
The Administrative Tribunals (Amendment) Act, 1986 (No. 19
4. Deleted of
1986). Takes effect from the Ist November, 1985.
5. Substituted
GOVERNMENT OF INDIA’S ORDER
Constitution of Single Member Bench of the Tribunal to
dispose of specified cases.-In exercise of the powers conferred by
sub-section (6) of Section 5 of the Administrative Tribunals Act, 1985, I, K.
Madhava Reddy, Chairman, Central Administrative Tribunal, hereby authorise all
the members of the Central Administrative Tribunal, to function as a Bench
consisting of Single Member and to exercise the jurisdiction, powers and
authority of the Tribunal in respect of such cases or class of cases as are
specified below with effect from Ist May, 1988-
Cases relating to-
(a) Change
of date of birth while in service;
(b) Posting/transfers;
(c) Entry(s)
in character rolls made otherwise than as a measure of penalty under Central
Civil Services (Classification, Control and Appeal) Rules, 1965;
(d) Allotment
of and eviction from Government accommodation;
(e) Fixation
of pay;
(f) Claims
of medical reimbursement, leave, Joining Time, Leave Travel Concession and
Overtime;
(g) Crossing
of Efficiency Bar;
(h) Grant
of Family Pension;
(i) Grant
or refusal to grant of advances/loans;
(j) Stagnation
increment(s);
(k) Grant
of passes to Railway employees;
(1) Grant
or refusal to grant or recovery of allowances;
(m) Payment
of interest on pensionary benefits.
2. All
cases specified in para.1 above shall be posted for admission before a Single
Member Bench. If the Single Member Bench is of the view that any
such case is not fit for admission, it shall order such a case to be posted
before a Bench of two Members.
3. All
urgent matters for admission and interim orders which are moved for hearing
during vacation shall be heard by a Vacation Bench which shall ordinarily
consist of a Single Member. The Chairman may constitute a Bench of two Members
also as a Vacation Bench. However, if the Single Member sitting as a Vacation
Bench is of the view that any case is not fit for admission, he shall order
such a matter to be posted before a Bench of two Members, immediately after the
vacation.
4. Where
for any reason, a Bench of more than two Members cannot be constituted, all
urgent matters for admission and interim orders which are moved for hearing
shall be heard by a Bench consisting of a Single Member. If the Single Member
is of the view that any case is not fit for admission he shall make such
interim orders, as he may deem fit and post, as soon as may be, the case before
a Bench of two Members.
5. Notwithstanding
anything contained in paras.1 to 4 above, if at any stage of hearing of any
such case or matter, it appears to the Chairman or such Single Member that the
case or matter is of such nature that it ought to be heard by a Bench
consisting of two Members, they may refer the case or the matter to a Bench
consisting of two Members subject to the proviso to sub-section (6) of Section
5 of the Administrative Tribunals Act, 1985.
6. Bench
of a Single Member or a Bench of more than one Member, as the case may be,
shall be constituted in the case of Principal Bench by the Chairman and in his
absence by the Vice-Chairman of the Principal Bench and in case of other
Benches by the Vice-Chairman of the respective Benches and in their absence by
the Chairman.
[CAT,
Principal Bench, New Delhi, Order No. 1/32/87-JA/2169 (A), dated the 21st
March, 1988, circulated under G.I., Dept. of Per. & Trg., O.M. No. A.
11019/71/87-AT, dated the 16th May, 1988.]
(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 1[ ]
;
(c) Omitted.
(2) A
person shall not be qualified for appointment as the Vice-Chairman unless he-
(a) Is,
or has been, 2[or is qualified to be, j 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
3[(bb) 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 3[a
Judicial Member or an Administrative Member].
4[(3) 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.
(3-A) 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) 5[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.
(5) 5[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, 6[and
subject to the provisions of sub-section (7)] be appointed by the President
after consultation with the Governors of the concerned States.
7[(7) 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.
1. Omitted vide
The Administrative Tribunals (Amendment) Act, 1987 (No. 51 of
1987). Takes effect
from the 22nd December, 1987.
2. Inserted
3. Inserted vide
The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of
1986). Takes effect from the 22nd January, 1986.
4. Substituted
5. Substituted vide
The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of 1986). Takes
effect from the 22nd January, 1986.
6. Inserted
7. Substituted vide
The Administrative Tribunals (Amendment) Act, 1987 (No. 51 of 1987). Takes
effect from the 22nd December, 1987.
(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-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 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. Term
of office. -1[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.
1. Substituted
vide The Administrative Tribunals (Amendment) Act, 1987 (No. 51 of
1987). Takes effect from the 22nd December, 1987.
(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.
(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, 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.
1. Inserted
vide The Administrative Tribunals (Amendment) Act, 1986(No. 19of
1986). Takes effect from the 22nd January, 1986.
12. Financial
and administrative powers of the Chairman. -The
Chairman shall exercise such financial and administrative powers over the 1[ ] 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 2[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.
1. Deleted
vide The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of 1986). Takes
effect from the 22nd January, 1986.
2. Substituted
vide The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of 1986). Takes
effect from the 22nd January, 1986.
(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.
1[(I-A)
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.
1. Inserted vide
The Administrative Tribunals (Amendment) Act, 1986 (No. 19 of 1986). Takes
effect from the 22nd January, 1986.
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