Administrative Tribunals Act, 1985- Chapter V- MISCELLANEOUS

Chapter V

MISCELLANEOUS

28. Exclusion of jurisdiction of courts except the Supreme Court under Article 136 of the Constitution.

28. Exclusion of jurisdiction of courts except the Supreme Court under Article 136 of the Constitution.—On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any Service or persons appointed to any Service or post, [i][no court except—

(a) the Supreme Court; or

(b) any Industrial Tribunal, Labour Court or other authority under the Industrial Disputes Act, 1947 or any other corresponding law for the time being in force,

shall have,] or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.

29. Transfer of pending cases.

29. Transfer of pending cases.—(1) Every suit or other proceeding pending before any court or other authority immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal:

Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court [* * *][ii].

(2) Every suit or other proceeding pending before a court or other authority immediately before the date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other authority or corporation [iii][or society], being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal:

Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court [* * *][iv].

Explanation.—For the purposes of this sub-section “date with effect from which jurisdiction is conferred on a Tribunal”, in relation to any local or other authority or corporation [v][or society], means the date with effect from which the provisions of sub-section (3) of Section 14 or, as the case may be, sub-section (3) of Section 15 are applied to such local or other authority or corporation [vi][or society].

(3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal.

Explanation.—For the purposes of this sub-section, “State Tribunal” means a Tribunal established under sub-section (2) of Section 4.

(4) Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal under sub-section (1) or sub-section (2),—

(a) the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and

(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under Section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.

(5) Where any case stands transferred to a Joint Administrative Tribunal under sub-section (3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred.

[vii][(6) Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987, being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court.

(7) Where any case stands transferred to a court under sub-section (6), that court may proceed to deal with such case from the stage which was reached before it stood so transferred.]

29-A. Provision for filing of certain appeals.

[viii][29-A. Provision for filing of certain appeals.—Where any decree or order has been made or passed by any court (other than a High Court) in any suit or proceeding before the establishment of a Tribunal, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie—

(a) to the Central Administrative Tribunal, within ninety days from the date[ix] on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or

(b) to any other Tribunal, within ninety days from its establishment or within ninety days from the date of receipt of the copy of such decree or order, whichever is later.]

30. Proceedings before a Tribunal to be judicial proceedings.

30. Proceedings before a Tribunal to be judicial proceedings.—All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).

31. Members and staff of Tribunal to be public servants.

31. Members and staff of Tribunal to be public servants.—The [x][Chairman and other Members] and the officers and other employees provided under Section 13 to a Tribunal shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

32. Protection of action taken in good faith.

32. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central or State Government or against the Chairman [xi][* * *] or other Member of any Central or Joint or State Administrative Tribunal, or any other person authorised by such Chairman [xii][* * *] or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

33. Act to have overriding effect.

33. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

34. Power to remove difficulties.

34. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

35. Power of the Central Government to make rules.

35. Power of the Central Government to make rules.—(1) The Central Government may, subject to the provisions of Section 36, by notification, make rules to carry to the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following, namely:—

(a) the case or cases which shall be decided by a Bench composed of more than [xiii][two Members] under clause (d) of sub-section (4) of Section 5;

(b) the procedure under sub-section (3) of Section 9 for the investigation of misbehaviour or incapacity of [xiv][Chairman or other Member];

(c) the salaries and allowances payable to, and the other terms and conditions of, the [xv][Chairman and other Members];

(d) the form in which an application may be made under Section 19, the documents and other evidence by which such application shall be accompanied [xvi][and the fees payable in respect of the filing of such application or for the service or execution of processes];

(e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of Section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and

(f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.

36. Power of the appropriate Government to makes rules.

36. Power of the appropriate Government to makes rules.—The appropriate Government may, by notification, make rules to provide for all or any of the following matters, namely,—

(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the [xvii][* * *] Benches of the Tribunal under Section 12;

(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of Section 13; and

(c) any other matter not being a matter specified in Section 35 in respect of which rules are required to be made by the appropriate Government.

36-A. Power to make rules retrospectively.

[xviii][36-A. Power to make rules retrospectively.—The power to make rules under clause (c) of sub-section (2) of Section 35 or clause (b) of Section 36 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]

37. Laying of rules.

37. Laying of rules.—(1) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(2) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

References

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