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Title : THE ADMINISTRATIVE TRIBUNALS ACT, 1985

Year : 1985

Act :

THE ADMINISTRATIVE TRIBUNALS ACT, 1985.ACT 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 of any local or other authority within the territory of India or under the control of the Government of India or of 1*[any corporation or society owned or controlled by the Government in pursuance of article
323A of the Constitution] 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:--


CHAP

PRELIMINARY


CHAPTER I

PRELIMINARY


1.Short title, extent and commencement.


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 2*
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, appoint.


2.Act not to apply to certain persons.


2. Act not to 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;

3* * * * *
----------------------------------------------------------------------
*
----------------------------------------------------------------------
Date of State Notification No.
Commencement and Date
---------------------------------------------------------------------
1.1.1985 Gujarat G.S.R. 956(E), 31.12.1985.1.1.1985 Himachal Pradesh G.S.R. 956(E), 31.12.1985.1.1.1985 Karnataka G.S.R. 956(E), 31.12.1985.1.1.1985 Maharashtra G.S.R. 956(E), 31.12.1985.1.1.1985 Madhya Pradesh G.S.R. 956(E), 31.12.1985.1.1.1985 Orissa G.S.R. 956(E), 31.12.1985.5.12.1986 Tamil Nadu G.S.R. 1254(E), 5.12.1986.3.8.1989 Arunachal Pradesh G.S.R. 638(E), 3.8.1989.1.11.1989 Andhra Pradesh G.S.R. 921(E), 25.10.1989.22.10.1991 Bihar S.D. 715(E), 22.10.1991.1. Subs. by Act 19 of 1986, S. 2 (w.e.f. 22-1-1986).
2. 1-7-1985 : Vide Notification No. G.S.R. 527(E), dated 1-7-1985.3. Omitted by Act 19 of 1986 S. 3 (w.e.f. 1-11-1985).

47.(c) any officer or servant of the Supreme Court or of any
High Court 1*[or courts subordinate there to];

(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.


3.Definitions.


3. Definitions. In this Act, unless the context otherwise requires,--

2*[(a) "Administrative Member" means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);]

3*[(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 4* 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;

5*[(i) "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;

(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;

6* * * * *

(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
---------------------------------------------------------------------
1. Ins. by Act 51 of 1987, S. 2.2. Subs. by Act 19 of 1986 s. 4 (w.e.f. 22.1.1986).
3. Relettered by s. 4, ibid. (w.e.f. 22.1.1986).
4. 1.11.1985 : Vide Notification No. G.S.R. 764(E), dated 28.9.1985.5. Subs. by s. 4, ibid. (w.e.f. 22.1.1986).
6. Omitted by s. 4, ibid. (w.e.f. 22.1.1986).

48.of India, or, as the case may be, of any corporation 1*[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, of any grievances in relation to such matters;

1*[(rr) "society" means a society registered under the
Societies Registration Act, 1860 (21 of 1860), 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-Chairman, references to the Vice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairmen.


CHAP

ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF

Last updated on February, 2008
 
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