Sections Particulars
Preamble
 [NO. 13 OF 1985] ...
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...
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 force or of any other armed forces of the Union;  (b) Omitted  ...
3 Definitions
 In this Act, unless the context otherwise requires, -  (a) "Administrative Member", means a Member of a Tribunal who is not a Judicial Member within the mean...
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 ju...
5 Composition of Tribunals and Benches Thereof
 (1) Each Tribunal shall consist of a Chairman and such number of Vice-Chairman and judicial and Administrative Members as the appropriate Government may deem...
6 Qualifications for Appointment of Chairman, Vice-Chairman or other Members
 (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...
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-Chairmen or, as th...
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, but shall be...
9 Resignation and Removal
 (1) The Chairman, Vice-Chairman or other Members may, by notice in writing under his hand addressed to the President, resign his office: that the Chairman, V...
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 Chair...
11 Provision as to the holding of offices by Chairman, 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 under the Government of Indi...
12 Financial and Administrative Power of the Chairman
 The Chairman shall exercise such financial and administrative power over the Benches as may be vested in him under the rules made by the appropriate Governme...
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 o...
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...
15 Jurisdiction, Powers and Authority of State Administrative Tribunals
 (1) Save as otherwise expressly provided in this Act, Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction...
16 Jurisdiction, Powers and Authority of a Joint Administrative Tribunal
 A Joint Administrative Tribunal for two or more States shall exercise all the jurisdiction, powers and authority, exercisable by the Administrative Tribunals...
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, f...
18 Distribution of Business amongst the Benches
 (1) When any Benches of a Tribunal are constituted the appropriate Government may from time to time, by notification, make provisions as to the distribution ...
19 Applications to Tribunals
 (1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an a...
20 Application not to be admitted unless other Remedies Exhausted
 (1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the...
21 Limitation
 (1) A Tribunal shall not admit an application, -  (a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has ...
22 Procedure and Powers of Tribunals
 (1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natur...
23 Right of Applicant to take Assistance of Legal Practitioner and of Government, Etc., to Appoint Presenting Officers
 (1) A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to p...
24 Conditions as to making of Interim orders
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of in...
25 Power of Chairman to transfer cases from one bench to another
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion wi...
26 Decision to be by Majority
If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if ...
27 Execution of Orders of a Tribunal
 Subject to the other provisions of this Act and the rules, the order of a Tribunal finally disposing of an application or an appeal shall be final and shall ...
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, power and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters...
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, bein...
29A Provisions 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 bei...
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 ...
31 Members and Staff of Tribunal to be Public Servants
 The Chairman, Vice-Chairman and other members and the officers and other employees provided under section 13 to a Tribunal shall be deemed to be public serva...
32 Protection of Action Taken in good faith
 Not suit, prosecution or other legal proceedings shall lie against the Central or State Government or against the Chairman, Vice-Chairman or other Member of ...
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...
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 suc...
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 out the provisions of this Act.  (2) Without pre...
36 Power of the Appropriate Government to make rules
 The appropriate Government may, by notification, make rules to provide for all or any of the following matters namely, -  (a) the financial and administrativ...
36A 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 th...
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 i...
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