Administrative Tribunals Act, 1985

For adjudication of service matters of employees of Central Government and certain State Governments by Administrative Tribunals.

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 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 [i][any corporation or society owned or controlled by the Government 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:—

Statement of Objects and Reasons.—Article 323-A of the Constitution stipulates that Parliament may, by law, 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.

2. The Bill seeks to give effect to the aforesaid constitutional provision by providing for the establishment of an Administrative Tribunal for the Union and a separate Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States. The Bill also provides for—

(a) the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each Tribunal;

(b) the procedure (including provision as to limitation and rules of evidence) to be followed by the State Tribunals;

(c) exclusion of the jurisdiction of all courts, except that of the Supreme Court under Article 136 of the Constitution relating to service matters;

(d) the transfer to each Administrative Tribunal of any suit or, other proceedings pending before any Court or other authority immediately before the establishment of such Tribunal as would have been within the jurisdiction of such Tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment.

3. The establishment of Administrative Tribunal under the aforesaid provision of the Constitution has become necessary since a large number of cases relating to service matters are pending before the various courts. It is expected that the setting up of such Administrative Tribunals to deal exclusively, with service matters would go a long way in not only reducing the burden of the various courts and thereby giving them more time to deal with other cases expeditiously but would also provide to the persons covered by the Administrative Tribunals speedy relief in respect of their grievances.

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) [ii][* * *]

(3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date[iii] 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.

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;

(b) [iv][* * *];

(c) any officer or servant of the Supreme Court or of any High Court [v][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.

3. Definitions.

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

[vi][(a) “Administrative Member” means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);]

[vii][(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;

[viii][(i) “Judicial Member” means a Member of a Tribunal appointed as such under this Act, and includes the Chairman [ix][* * *] who possesses any of the qualifications specified in sub-section (3) of Section 6;

(i-a) “Member” means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman [x][* * *];]

(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) [xi][* * *]

(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 [xii][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;

[xiii][(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;

[xiv][(u) “Vice-Chairman” means a Member who has been authorised by the appropriate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up.]

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.

References

[disclaimer]