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THE ADMINISTRATIVE TRIBUNALS ACT, 1985 |
NO.13 OF 1985
[27th February, 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 owned or controlled by the Government 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:-
CHAPTER I
PRELIMINARY
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 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 in to force in a State on such date as the Central Government may, by notification, appoint. Act not to apply to certain person:
2.Act not be 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;
(b) any person governed by the provisions of the Industial Disputes Act, 1947, in regard to such
matters in respect of which he is do governed;
(c) any officer or servant of the Supreme Court or of any High Court;
(d) any person appointed to the secretarial staff of either House of Parliament or to the
secretarial 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) “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 as Administrative Tribunal for two or more State established under sub-section (3) of section 4;
(i) “Member” means a Member of a Tribunal;
(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;
(n) “principal Bench” means the principal Bench of a Tribunal;
(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 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) dispilinary 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 instrument 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;
(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 referrence to each of those Vice-Chairman
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, be 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 the Bench or Benches of the Tribunal shall sit, the apportionment among 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.Composition of Tribunals and Benches thereof.- (1) Each Tribunal shall consist of a Chairman and such number of Vice-Chairman and other Members as the appropriate Government may deem fit, and subject to the other provisions of this Act, the jurisdiction power, and authority of the Tribunal may be exercised by Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall be presided over by the Chairman or a Vice-Chairman and shall consist of at least two other Members.
(3) The Bench for which the Chairman is appointed as the Presiding Officer shall be the principal Bench and the other Benches shall be known as the additional Benches.
(4) Notwithstanding anything contained in sub-section (1) or sub-section (3), the Chairman-
(a) may also act as the Chairman of any additional Bench;
(b) may transfer the Vice-Chairman or other Member from one Bench to another Bench;
(c) may authorise the ViceChairman or other Member appointed to one Bench to discharge also the functions of the Vice-Chairman or as the case may be, other 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 required or ordure, 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 three Members, issue such general or special orders, as he may deem fit.
(5) Notwithstanding anything contained in sub-section (1) or sub-section (3) and subject to any rules that may be made in this behalf when one of the persons constituting a Bench (whether such person be the Presiding Officer or other Member of the Bench) is unable to discharge his functions owing to absence, illness or any other cause or in the event of the occurrence of any vacancy either in the office of the Presiding Officer or in the office of one or the other Members of the Bench the remaining two persons the senior among the remaining persons shall act as the Presiding Officer of the Bench.
(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 an additional 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 three 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 Chairman may deem fit.
(7) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches shall ordinarily sit shall be such as the appropriate 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, or
(c) 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.
(2) A person shall not be qualified for appointment as the Vice-Chairman unless he-
(a) is, or has been, 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 (c) has, for a period of not less than three-years, held office as a Member.
(3)A person shall not be qualified for appointment as a Member unless he-
(a) 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 an Additional Secretary to the Government of India or any other post under the Central 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 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.
(4) The Chairman, Vice-Chairman and every other Member of the Central Administrative Tribunal shall be appointed by the President.
(5) The Chairman, Vice-Chairman and every other Member of an Administrative Tribunal for a State shall be appointed by the President after consulation 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, be appointed by the President after consultation with the Governors of the concerned States.
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 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 of 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.- 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 or until he attains,-
(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, whichever is earlier.
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 duty 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 Chariman, 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 Adminstrative Tribunal or Joint the Chairman of any other State 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 Adminsitrative 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 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 principal Bench and each of the additional 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 Adminstrative powers as he may think fit to the Vice-Chairman, subject to the conditions that the Vice-Chairman 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.
(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 appropriate Government.
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 under article 136 of the Constitution) in relation to-
(a) recruitment, and matters concerning recruitment, to any All India Service or to any civil services 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 owned or controlled by the Government;
(c) all services 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 or otherbody, at the disposal of the Central Government for such appointment.
(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 owned or controlled by Government, not being a local or other authority or corporation controlled or owned by a State Government:
Provided that if the Central Government considers it expendient so to do for the purpose of faciliating transition to the scheme as envisaged by this Act, different, dates may be so specified under this sub-section to respect of different classes of,or different categories under any class of, local or other
authorities or corporations.
(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and form the date with effect from which the provisions of this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court under article 136 of the Constitution) 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; and
(b) all service matters concering 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 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 a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court under article 136 of the Constitution) 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 Governmenrt or of any corporation owned 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 to in clause (b), being a person whose services have been placed by any such local or other authority or corporation or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.
(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 corporation 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 corportions.
(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, all the jurisdiction, powers and authority exercisable immediatley before that date by all courts (except the Supreme Court under article 136 of the Constitution) 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; 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 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 Adminstrative 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;
(b) the reference 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 Soliction-General; and
(ii) in relation to an Administrative Tribunal for a State or a Joint Administrative Trib
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