Indian Bare Acts

Search Alphabatically :

THE ADMINISTRATIVE TRIBUNALS ACT, 1985

Title : THE ADMINISTRATIVE TRIBUNALS ACT, 1985

Year : 1985



(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, 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 323A 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 the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.]

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Ins. by Act 19 of 1986, s. 5 (w.e.f 22-1-1986).

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) Each Tribunal shall consist of a Chairman and such number of Vice-Chairman 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* * * * *

(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.

2*[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one
Administrative Member.]

1* * * * *

(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 1*[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.

4*(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. Subs. by s. 6, ibid. (w.e.f 1-11-1985).

2. Omitted by s. 6, ibid. (w.e.f. 1.11.1985).

3. Subs. by Act 19 of 1986, S. 6 (w.e.f. 1.11.1985).

4. Subs, by Act 51 of 1987, S.3.

------------------------------------------------------------------------------------------------------------------------------------------------------



(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***

1* * * * *

(2) A person shall not be qualified for appointment as the Vice-
Chairman unless he-

2*[(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 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 4*[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.

(3A) 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) 4*[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 by s. 3, ibid.

2. Subs. by s. 3, ibid.

3. Ins. by Act 19 of 1986, s. 7 (w.e.f. 22.1.1986).

4. Subs. by Act 19 of 1986, S. 7 (w.e.f. 22.1.1986).

5. Ins. by s. 7, ibid. (w.e.f. 22.1.1986).

6. Subs. by Act 51 of 1987, S. 3.

7. Subs. by S. 4, ibid.

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) In the event of the occurrance 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-Chairman 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.



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) 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).

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by S. 4, ibid.

--------------------------------------------------------------------------------------------------------------------------------------------------------



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.



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 or society owned or controlled by the Government.



The Chairman shall exercise such financial and administrative powers over the 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
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) 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.

(1A) 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.

Last updated on June, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female