THE ADMINISTRATIVE TRIBUNALS ACT, 1985 
________ 

ARRANGEMENT OF SECTIONS 

Last updated: 20-9-2021 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Act not to apply to certain persons. 
3.  Definitions. 

CHAPTER II 
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF 

4.  Establishment of Administrative Tribunals. 
5.  Composition of Tribunals and Benches thereof. 
6.  Qualifications for appointment as Chairman, Vice-Chairman and other Members. 
7.  Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances. 
8.  Term of office. 
9.  Resignation and removal. 
10.  Salaries  and  allowances  and  other  terms  and  conditions  of  service  of  Chairman,  and  other 

Members. 

10A. Saving terms and conditions of service of Vice-Chairman. 
10B. Qualifications, terms and conditions of service of Chairman and Member. 
11.  Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc. 

12. Financial and administrative powers of the Chairman. 
13. Staff of the Tribunal. 

CHAPTER III 
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS 

14.  Jurisdiction, powers and authority of the Central Administrative Tribunal. 
15.  Jurisdiction, powers and authority of State Administrative Tribunals. 
16.  Jurisdiction, powers and authority of a Joint Administrative Tribunal. 
17.  Power to punish for contempt. 
18.  Distribution of business amongst the Benches. 

CHAPTER IV 
PROCEDURE 

19.  Applications to tribunals. 
20.  Applications not to be admitted unless other remedies exhausted. 
21.  Limitation. 
22.  Procedure and powers of Tribunals. 
23.  Right  of  applicant  to  take  assistance  of  legal  practitioner  and  of  Government,  etc.,  to  appoint 

presenting officers. 

24.  Conditions as to making of interim orders. 
25. Power of Chairman to transfer cases from one Bench to another. 
26.  Decision to be by majority. 

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SECTIONS 

27.  Execution of orders of a Tribunal. 

CHAPTER V 

MISCELLANEOUS 

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

Constitution. 

29.  Transfer of pending cases. 
29A. Provision for filing of certain appeals. 
30.  Proceedings before a Tribunal to be judicial proceedings. 
31.  Members and staff of Tribunal to be public servants. 
32.  Protection of action taken in good faith. 
33.  Act to have overriding effect. 
34.  Power to remove difficulties. 
35.  Power of the Central Government to make rules. 
36.  Power of the appropriate Government to make rules. 
36A. Power to make rules retrospectively. 
37.  Laying of rules. 

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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 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 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 follow:— 

CHAPTER I 

PRELIMINARY 

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; 

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(3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall 

come into force on such date3 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.—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; 

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(c)  any  officer  or  servant  of  the  Supreme  Court  or  of  any  High  Court  5[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.—In this Act, unless the context otherwise requires,— 

6[(a)  “Administrative  Member”  means  a  Member  of  a  Tribunal  who  is  not  a  Judicial  Member 

within the meaning of clause (i);] 

7[(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; 

1. Subs. by Act 19 of 1986, s. 2, for “any corporation owned or controlled by the Government” (w.e.f. 22-1-1986). 
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 
3.  1st  July,  1985,  vide  notification  No.  G.S.R.  527(E),  dated  by  1st  July,  1985,  see  Gazette  of  India,  Extraordinary,  Part  II,         

sec. 3(i). 

4. Clause (b) omitted by Act 19 of 1986, s. 3 (w.e.f. 1-11-1985). 
5. Ins. by Act 51 of 1987, s. 2 (w.e.f.22-12-1987). 
6. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 
7. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 22-1-1986). 

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(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; 

1[(i)  “Judicial  Member”  means  a  Member  of  a  Tribunal  appointed  as  such  under  this  Act,  and 
includes  2[the  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 3***;] 

(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;  

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(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 5[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. Subs. by Act 19 of 1986, s. 4, for clause (i) (w.e.f. 22-1-1986). 
2. Subs. by Act 1 of 2007, s. 2, for “the Chairman or a Vice-Chairman” (w.e.f. 19-2-2007). 
3. The words “and a Vice-Chairman” omitted by s. 2, ibid. (w.e.f. 19-2-2007). 
4. Clause (n) omitted by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 
5. Ins. by s. 4, ibid. (w.e.f. 22-1-1986). 

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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; 

2[(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. 

CHAPTER II 

ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF 

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 
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  3[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.  

4[(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 

1. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 
2. Subs. by Act 1 of 2007, s. 2, for clause (u) (w.e.f. 19-2-2007). 
3. Subs. by s. 3, ibid., for “Chairman,  Vice-Chairman and other Members” (w.e.f. 19-2-2007). 
4. Ins. by Act 19 of 1986, s. 5 (w.e.f. 22-1-1986). 

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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.] 

5.  Composition  of  Tribunals  and  Benches  thereof.—(1)  Each  Tribunal  shall  consist  of                   

1[a Chairman and such number of 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. 

2[(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one 

Administrative Member.]  

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(4) Notwithstanding anything contained in sub-section (1), 4*** the Chairman— 

5[(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 6[a Member] from one Bench to another Bench; 

7[(c) may authorise 8[the Judicial Member] or the Administrative Member appointed to one Bench 
to discharge also the functions of  9[the Judicial Member or the Administrative Member, as the case 
may be] 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 10[two members], issue 
such general or special orders, as he may deem fit.  

11[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial 

Member and one Administrative Member.]  

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(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 
13[a  Bench]  consisting  of  a  single  Member  and  exercise  the  jurisdiction,  powers  and  authority  of  the 

1. Subs. by Act 1 of 2007, s. 4, for “a Chairman and such number of Vice-Chairman and Judicial and Administrative Members” 

(w.e.f 19-2-2007). 

2. Subs. by Act 19 of 1986, s. 6, for sub-section (2) (w.e.f. 1-11-1985). 
3. Sub-section (3) omitted by s. 6, ibid.  (w.e.f. 1-11-1985). 
4. The words, brackets and figure “or sub-section (3)” omitted by s. 6, ibid.  (w.e.f.1-11-1985). 
5. Subs. by s. 6, ibid., for clause (a) (w.e.f. 1-11-1985). 
6. Subs. by Act 1 of 2007, s. 4, for “the Vice-Chairman or other Members” (w.e.f. 19-2-2007). 
7. Subs. by Act 19 of 1986, s. 6, for clause (c) (w.e.f. 1-11-1985). 
8. Subs. by Act 1 of 2007, s. 4, for “the Vice-Chairman or the Judicial Member” (w.e.f. 19-2-2007). 
9.  Subs.  by  s.  4,  ibid.,  for  “the  Vice-Chairman  or,  as  the  case  may  be,  the  Judicial  Member  or  the  Administrative  Member”    

(w.e.f. 19-2-2007). 

10. Subs. by Act 19 of 1986, s. 6, for “three Members” (w.e.f. 1-11-1985). 
11. Ins. by s. 6, ibid. (w.e.f. 1-11-1985). 
12. Sub-section (5) omitted by s. 6, ibid. (w.e.f. 1-11-1985). 
13. Subs. by s. 6, ibid., for “an additional Bench” (w.e.f. 1-11-1985). 

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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. 

2[(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.] 

3[6.  Qualifications 

for 

appointment 

as  Chairman,  Vice-Chairman 

and 

other                

members.—(1) A person shall not be qualified for appointment as the Chairman unless he is, or has been, 
a Judge of a High Court: 

Provided  that  a  person  appointed  as Vice-Chairman  before  the  commencement  of  this  Act  shall  be 
qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for 
a period of two years. 

(2) A person shall not be qualified for appointment,— 

(a) as an Administrative Member, unless he has held for at least two years the post of Secretary to 
the Government of India or any other post under the  Central or State Government and carrying the 
scale of pay which is not less than that of a Secretary to the Government of India for at least two years 
or held a post of Additional Secretary to the Government of India for at least five years or any other 
post under the Central or State Government carrying the scale of pay which is not less than that of 
Additional Secretary to the Government of India at least for a period of five years: 

Provided that the officers belonging to All-India services who were or are on Central deputation 
to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case 
may be, from the date such officers were granted proforma promotion or actual promotion whichever 
is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on 
Central deputation after such date shall count for qualifying service for the purposes of this clause; 

(b) as a Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at 
least two years held the post of a Secretary to the Government of India in the Department of Legal 
Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held 
a  post  of  Additional  Secretary  to  the  Government  of  India  in  the  Department  of  Legal  Affairs  and 
Legislative Department at least for a period of five years. 

(3) The Chairman and every other Member of the Central Administrative Tribunal shall be appointed 

after consultation with the Chief Justice of India by the President. 

(4)  Subject  to  the  provision  of  sub-section  (3),  the  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. 

(5)  The  Chairman  and  every  other  Member  of  a  Joint  Administrative  Tribunal  shall,  subject  to  the 
provisions  of  sub-section  (3)  and  subject  to  the  terms  of  the  agreement  between  the  participating  State 
Governments  published  under  sub-section  (3)  of  section  4  of  the  principal  Act,  be  appointed  by  the 
President after consultation with the Governors of the concerned States. 

1. Subs. by Act 19 of 1986, s. 6, for “three Members” (w.e.f. 1-11-1985). 
2. Subs. by s. 6, ibid., for sub-section (7) (w.e.f. 1-11-1985). 
3. Subs. by Act 1 of 2007, s. 5, for section 6 (w.e.f. 19-2-2007). 

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Explanation.—In computing for the purpose of this section, the period during which a person has held 
any post under the Central or State Government, there shall be included the period during which he has 
held any other post under the Central or State Government (including an office under this Act) carrying 
the same scale of pay as that of first mentioned post on a higher scale of pay.] 

 7.  Vice-Chairman  to  act  as  Chairman  or  to  discharge  his  functions 

in  certain            

circumstances.—(1)  In  the  event  of  the  occurrance  of  any  vacancy  in  the  office  of  the  Chairman  by 
reason of his death, resignation or otherwise, 1[such one of the Members] 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. 

2[8. Term of office.—(1) The Chairman shall hold office as such for a term of five years from the 

date on which he enters upon his office: 

Provided that no Chairman shall hold office as such after he has attained the age of sixty-eight years. 

(2) A Member shall hold office as such for a term of five years from the dale on which he enters upon 

his office extendable by one more term of five years: 

Provided that no Member shall hold office as such after he has attained the age of sixty-five years. 

(3) The conditions of service of Chairman and Members shall be the same as applicable to Judges of 

the High Court.] 

9. Resignation and removal.—(1) The Chairman,  3*** or other Member may, by notice in writing 

under his hand addressed to the President, resign his office: 

Provided that the Chairman,  3*** 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, 3*** 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,  3*** 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, 3*** or other Member referred to in sub-section (2). 

10.  Salaries  and  allowances  and  other  terms  and  conditions  of  service  of  Chairman,                   

4*** 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  Chairman,  4***  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, 4*** or other Member shall be varied to his disadvantage after his appointment. 

5[Provided  further  that  where  a  serving  Government  officer  is  appointed  as  a  Member,  he  shall  be 
deemed to have retired from the service to which he belonged on the   date    on    which   he  assumed the  

1. Subs. by Act 1 of 2007, s. 6, for “Vice-Chairman or, as the case may be, such one of the Vice-Chairman” (w.e.f. 19-2-2007). 
2. Subs. by s. 7, ibid., for section 8 (w.e.f. 19-2-2007). 
3. The word “Vice-Chairman” omitted by s. 8, ibid. (w.e.f. 19-2-2007). 
4. The word “Vice-Chairman” omitted by s. 9, ibid. (w.e.f. 19-2-2007). 
5. Ins. by s. 9, ibid. (w.e.f. 19-2-2007). 

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charge  of  the  Member  but  his  subsequent  service  as  Member  shall,  at  his  option,  be  reckoned  as  a               
post-retirement re-employment counting for pension and other retirement benefits in the service to which he 
belonged.] 

1[10A. Saving terms and conditions of service of Vice-Chairman.—The Chairman, Vice-Chairman and 
Member  of  a  Tribunal  appointed  before  the  commencement  of  the  Administrative  Tribunals  (Amendment) 
Act,  2006  (1  of  2007)  shall  continue  to  be  governed  by  the  provisions  of  the  Act,  and  the  rules  made 
thereunder as if the Administrative Tribunals (Amendment) Act, 2006 had not come into force: 

Provided  that,  however,  such  Chairman  and  the  Members  appointed  before  the  coming  into  force  of 
Administrative Tribunals (Amendment) Act, 2006 (1 of 2007), may on completion of their term or attainment 
of the age of sixty-five or sixty-two years, as the case may be, whichever is earlier may, if eligible in terms of 
section  8  as  amended  by  the  Administrative  Tribunals  (Amendment)  Act,  2006  be  considered  for  a  fresh 
appointment  in  accordance  with  the  selection  procedure  laid  down  for  such  appointments  subject  to  the 
condition that the total term in office of the Chairman shall not exceed five years and that of the Members, ten 
years.] 

2[10B. Qualifications, terms and conditions of service of Chairman and Member.—Notwithstanding 
anything  contained  in  this  Act,  the  qualifications,  appointment,  term  of  office,  salaries  and  allowances, 
resignation, removal and the other terms and conditions of service of the Chairman and other Members of the 
Tribunal appointed after the commencement of  3[the Tribunals Reforms Act, 2021, shall be governed by the 
provisions of Chapter II of the said Act]: 

Provided that the Chairman and Member appointed before the commencement of Part XIV of Chapter VI 
of  the  Finance  Act,  2017,  shall  continue  to  be  governed  by  the  provisions  of  this  Act,  and  the  rules  made 
thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.] 

11. Provision as to the holding of offices by Chairman, etc., 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 

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 4*** 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; 

* 

5* 
* 
(e) a Member (other than the Chairman 6***) of any Tribunal shall, subject to the other provisions of 
this  Act,  be  eligible  for  appointment  as  the  Chairman  6***  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, 7*** or other Member shall not appear, act or plead before any Tribunal of which he 

was the Chairman, 7*** 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 8[or society] owned or controlled by the 
Government. 

9[12.  Financial  and  administrative  powers  of  the  Chairman.—(1)  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. 

1. Ins. by Act 1 of 2007, s. 10 (w.e.f. 19-2-2007). 
2. Ins. by Act 7 of 2017, s. 176 (w.e.f. 26-5-2017). 
3. Subs. by Act 33 of 2021, s. 15, for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of 

section 184 of that Act” (w.e.f. 4-4-2021). 

4. The words “Vice-Chairman or” omitted by Act 1 of 2007, s. 11 (w.e.f. 19-2-2007). 
5. Clauses (c) and (d) omitted by s. 11, ibid. (w.e.f. 19-2-2007). 
6. The words “or Vice-Chairman” omitted by s. 11, ibid. (w.e.f. 19-2-2007). 
7. The word “Vice-Chairman” omitted by s. 11, ibid. (w.e.f. 19-2-2007). 
8. Ins. by 19 of 1986, s. 8 (w.e.f. 22-1-1986). 
9. Subs. by Act 1 of 2007, s. 12, for section 12 (w.e.f. 19-2-2007). 

9 

 
 
 
 
 
 
 
 
                                                           
(2) The appropriate Government may designate one or more Members to be the Vice-Chairman or, as 
the case may be, Vice-Chairman thereof and the Members so designated shall exercise such of the powers 
and  perform  such  of  the  functions  of  the  Chairman  as  may  be  delegated  to  him  by  the  Chairman  by  a 
general or special order in writing.] 

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  of  its 
functions and provide the Tribunal with such officers and other employees as it may think fit.  

1[(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. 

CHAPTER III 

JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS 

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, powers and authority exercisable immediately before that day by 
all courts (except the Supreme Court 2***) in relation to— 

(a)  recruitment,  and  matters  concerning  recruitment,  to  any  All-India  Service  or  to  any  civil 
service  of  the  Union  or  a  civil  post  under  the  Union  or  to  a  post  connected  with  defence  or  in  the 
defence services, being, in either case, a post filled by a civilian; 

(b) all service matters concerning— 

(i) a member of any All-India Service; or 

(ii)  a  person  [not  being  a  member  of  an  All-India  Service  or  a  person  referred  to  in                

clause (c)] appointed to any civil service of the Union or any civil post under the Union; or 

(iii)  a  civilian  [not  being  a  member  of  an  All-India  Service  or  a  person  referred  to  in                      

clause (c)] appointed to any defence services or a post connected with defence,  

and pertaining to the service of such member, person or civilian, 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  3[or  society]  owned  or  controlled  by  the 
Government; 

(c) all service matters pertaining to service in connection with the affairs of the Union concerning a 
person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being 
a person whose services have been placed by a State Government or any local or other authority or any 
corporation 3[or society] or other body, at the disposal of the Central Government for such appointment.  

4[Explanation.—For  the  removal  of  doubts,  it  is  hereby  declared  that  references  to  “Union”  in  this   

sub-section shall be construed as including references also to a Union territory.] 

(2)  The  Central  Government  may,  by  notification,  apply  with  effect  from  such  date  as  may  be 
specified  in  the  notification  the  provisions  of  sub-section  (3)  to  local  or  other  authorities  within  the 
territory  of  India  or  under  the  control  of  the  Government  of  India  and  to  corporations  3[or  societies] 
owned  or  controlled  by  Government,  not  being  a  local  or  other  authority  or  corporation  3[or  society] 
controlled or owned by a State Government: 

Provided that if the Central Government considers it expedient so to do for the purpose of facilitating 

transition  to  the  scheme  as  envisaged  by  this  Act,  different  dates  may  be  so  specified  under  this                  

1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986). 
2. The words and figures “under article 136 of the Constitution” omitted by s. 11, ibid. (w.e.f. 22-1-1986). 
3. Ins. by s. 11, ibid. (w.e.f. 22-1-1986). 
4. Ins. by s. 11, ibid. (w.e.f. 1-11-1985). 

10 

 
                                                           
sub-section  in  respect  of  different  classes  of,  or  different  categories  under  any  class  of,  local  or  other 
authorities or corporations 1[or societies]. 

(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also 
exercise, on and from the date with effect from which the provisions of this sub-section apply to any local 
or  other  authority  or  corporation  1[or  society],  all  the  jurisdiction,  powers  and  authority  exercisable 
immediately before that date by all courts (except the Supreme Court 2***) in relation to— 

(a) recruitment, and matters concerning recruitment, to any service or post in connection with the 

affairs of such local or other authority or corporation 1[or society]; and 

(b)  all  service  matters  concerning  a  person  [other  than  a  person  referred  to  in  clause  (a)  or                 

clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such 
local  or  other  authority  or  corporation  1[or  society]  and  pertaining  to  the  service  of  such  person  in 
connection with such affairs. 
15. Jurisdiction, powers and authority of State Administrative Tribunals.—(1) Save as otherwise 
expressly  provided  in  this  Act,  the  Administrative  Tribunal  for  a  State  shall  exercise,  on  and  from  the 
appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all 
courts (except the Supreme Court 3***) in relation to— 

(a)  recruitment,  and  matters  concerning  recruitment,  to  any  civil  service  of  the  State  or  to  any 

civil post under the State; 

(b)  all  service  matters  concerning  a  person  not  being  a  person  referred  to  in  clause  (c)  of  this              

sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 
appointed  to  any  civil  service  of  the  State  or  any  civil  post  under  the  State  and  pertaining  to  the 
service  of  such  person  in connection  with the  affairs  of the  State  or of any  local  or  other  authority 
under the control of the State Government or of any corporation 4[or society] owned or controlled by 
the State Government; 

(c) all service matters pertaining to service in connection with the affairs of the State concerning a 
person appointed to any service or post referred to in clause (b), being a person whose service have 
been  placed  by  any  such  local  or  other  authority  or  corporation  4[or  society]  or  other  body  as  is 
controlled  or  owned  by  the  State  Government,  at  the  disposal  of  the  State  Government  for  such 
appointment. 
(2) The State Government may, by notification, apply with effect from such date as may be specified 

in  the  notification  the  provisions  of  sub-section  (3)  to  local  or  other  authorities  and  corporations              
4[or societies] controlled or owned by the State Government: 

Provided that if the State Government considers it expedient so to do for the purpose of facilitating 

transition  to  the  scheme  as  envisaged  by  this  Act,  different  dates  may  be  so  specified  under  this                
sub-section  in  respect  of  different  classes  of,  or  different  categories  under  any  class  of,  local  or  other 
authorities or corporations 4[or societies]. 

(3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also 
exercise, on and from the date with effect from which the provisions of this sub-section apply to any local 
or  other  authority  or  corporation  4[or  society],  all  the  jurisdiction,  powers  and  authority  exercisable 
immediately before that date by all courts (except the Supreme Court 3***) in relation to— 

(a) recruitment, and matters concerning recruitment, to any service or post in connection with the 

affairs of such local or other authority or corporation 4[or society]; and 

(b)  all  service  matters  concerning  a  person  [other  than  a  person  referred  to  in  clause  (b)  of                      
sub-section  (1)  of  this  section  or  a  member,  person  or  civilian  referred  to  in  clause  (b)  of                      
sub-section (1) of section 14] appointed to any service or post in connection with the affairs of such 
local  or  other  authority  or  corporation  4[or  society]  and  pertaining  to  the  service  of  such  person  in 
connection with such affairs. 

1. Ins. by Act 19 of 1986, s. 11 (w.e.f. 22-1-1986). 
2. The words and figures “under article 136 of the Constitution” omitted by s. 11, ibid. (w.e.f. 22-1-1986). 
3. The words and figures “under article 136 of the Constitution” omitted by s. 12, ibid. (w.e.f. 22-1-1986). 
4. Ins. by s. 12, ibid. (w.e.f. 22-1-1986). 

11 

 
                                                           
(4) For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the 
Administrative  Tribunal  for  a  State  shall  not  extend  to,  or  be  exercisable  in  relation  to,  any  matter  in 
relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or 
is exercisable. 

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 for such States. 

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, for this 
purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect subject to the 
modifications that— 

(a)  the  references  therein  to  a  High  Court  shall  be  construed  as  including  a  reference  to  such 

Tribunal;  

(b) the references to the Advocate-General in section 15 of the said Act shall be construed,— 

(i) in relation to the Central Administrative Tribunal, as a reference to the Attorney-General 

or the Solicitor-General or the Additional Solicitor-General; and 

(ii) in relation to an Administrative Tribunal for a State or a Joint Administrative Tribunal for 
two or more States, as a reference to the Advocate-General of the State or any of the States for 
which such Tribunal has been established. 

18.  Distribution  of  business  amongst  the  Benches.—(1)  Where  1[any  Benches  of  a  Tribunal  are 
constituted], the appropriate Government may, from time to time, by notification, make provisions as to 
the distribution of the business of the Tribunal amongst the  2*** Benches and specify the matters which 
may be dealt with by each Bench. 

(2) If any question arises as to whether any matter falls within the purview of the business allocated to 

a Bench of a Tribunal, the decision of the Chairman thereon shall be final.  

Explanation.—For the removal of doubts, it is hereby declared that the expression “matters” includes 

applications under section 19. 

CHAPTER IV 
PROCEDURE 

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 application to the 
Tribunal for the redressal of his grievance. 

Explanation.—For the purposes of this sub-section, “order” means an order made— 

(a)  by  the  Government  or  a  local  or  other  authority  within  the  territory  of  India  or  under  the 
control  of  the  Government  of  India  or  by  any  corporation  3[or  society]  owned  or  controlled  by  the 
Government; or  

(b)  by  an  officer,  committee  or  other  body  or  agency  of  the  Government  or  a  local  or  other 

authority or corporation 3[or society] referred to in clause (a). 
(2)  Every  application  under  sub-section  (1)  shall  be  in  such  form  and  be  accompanied  by  such 
documents or other evidence and by such fee (if any, not exceeding one hundred rupees)  4[in respect of 
the filing of such application and by such other fees for the service or execution of processes, as may be 
prescribed by the Central Government].  

5[(3)  On  receipt  of  an  application  under  sub-section  (1),  the  Tribunal  shall,  if  satisfied  after  such 
inquiry  as  it  may  deem  necessary,  that  the application  is  a  fit  case  for  adjudication  or trial  by  it,  admit 

1. Subs. by Act 19 of 1986, s. 13, for “any additional Bench or Benches of a Tribunal is or are constituted” (w.e.f. 22-1-1986). 
2. The words “principal Bench and the additional Bench or additional” omitted by s. 13, ibid. (w.e.f. 22-1-1986). 
3. Ins. by s. 14, ibid. (w.e.f. 22-1-1986). 
4. Subs. by s. 14, ibid., for “as may be prescribed by the Central Government” (w.e.f. 22-1-1986). 
5. Subs. by s. 14, ibid., for sub-section (3) (w.e.f. 22-1-1986). 

12 

 
                                                           
such application; but where the Tribunal is not so satisfied, it may summarily reject the application after 
recording its reasons.] 

(4)  Where  an  application  has  been  admitted  by  a  Tribunal  under  sub-section  (3),  every  proceeding 
under  the  relevant  service  rules  as  to  redressal  of  grievances  in  relation  to  the  subject-matter  of  such 
application pending immediately before such admission shall abate and save as otherwise directed by the 
Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such 
rules. 

20. Applications 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 relevant service rules as to redressal of grievances. 

(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies 

available to him under the relevant service rules as to redressal of grievances,— 

(a) if a final order has been made by the Government or other authority or officer or other person 
competent to pass such order under such rules, rejecting any appeal preferred or representation made 
by such person in connection with the grievance; or 

(b) where no final order has been made by the Government or other authority or officer or other 
person  competent to  pass such  order  with  regard  to  the  appeal  preferred  or  representation  made  by 
such  person,  if  a  period  of  six  months  from  the  date  on  which  such  appeal  was  preferred  or 
representation was made has expired. 

(3)  For  the  purposes  of  sub-sections  (1)  and  (2),  any  remedy  available  to  an  applicant  by  way  of 
submission of a memorial to the President or to the Governor of a State or to any other functionary shall 
not be deemed to be of one of the remedies which are available unless the applicant had elected to submit 
such memorial. 

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 been made in connection with the grievance unless the application is made, within one year from 
the date on which such final order has been made; 

(b)  in  a  case  where  an  appeal  or  representation  such  as  is  mentioned  in  clause  (b)  of                         

sub-section (2) of section 20 has been made and a period of six months had expired thereafter without 
such final order having been made, within one year from the date of expiry of the said period of six 
months. 

(2) Notwithstanding anything contained in sub-section (1), where— 

(a) the  grievance  in  respect  of  which  an  application  is  made  had arisen  by  reason  of  any  order 
made  at  any  time  during  the  period  of  three  years  immediately  preceding  the  date  on  which  the 
jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the 
matter to which such order relates; and 

(b) no proceedings for the redressal of such grievance had been commenced before the said date 

before any High Court,  

the  application  shall  be  entertained  by  the  Tribunal  if  it  is  made  within  the  period  referred  to  in            
clause (a), or, as the case may be, clause (b), of sub-section (1) or within a period of six months from the 
said date, whichever period expires later. 

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be 
admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case  
may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he 
had sufficient cause for not making the application within such period. 

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 natural 
justice and subject to the other provisions of this Act and of any rules made by the Central Government, 

13 

 
the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its 
inquiry and deciding whether to sit in public or in private. 

(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily 

every  application  shall  be  decided  on  a  perusal  of  documents  and  written  representations  and                    
1[after hearing such oral arguments as may be advanced]. 

(3)  A Tribunal  shall  have, for the  purposes  of  2[discharging  its  functions  under  this  Act], the  same 
powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a 
suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d)  subject  to  the  provisions  of  sections  123  and  124  of  the  Indian  Evidence  Act,  1872                         

(1 of 1872), requisitioning any public record or document or copy of such record or document from 
any office; 

(e) issuing commissions for the examination of witness or documents; 

(f) reviewing its decisions; 

(g) dismissing a representation for default or deciding it ex parte; 

(h) setting aside any order of dismissal of any representation for default or any order passed by it 

ex parte; and 

(i) any other matter which may be prescribed by the Central Government. 

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 present his case before 
the Tribunal. 

(2)  The  Central  Government  or  a  State  Government  or  a  local  or  other  authority  or  corporation          

3[or  society],  to  which  the  provisions  of  sub-section  (3)  of  section  14  or  sub-section  (3)  of  section  15 
apply,  4[may authorise one or more legal practitioners or any of its officers to act as presenting officers 
and  every  person  so  authorised  by  it  may  present  its  case  with  respect  to  any  application  before  a 
Tribunal.]  

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 
injunction  or  stay  or  in  any  other  manner)  shall  be  made  on,  or  in  any  proceedings  relating  to,  an 
application unless— 

(a) copies of such application and of all documents in support of the plea for such interim order 

are furnished to the party against whom such application is made or proposed to be made; and 

(b) opportunity is given to such party to be heard in the matter: 

Provided  that  a  Tribunal  may  dispense  with  the  requirements  of  clauses  (a)  and  (b)  and  make  an 
interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is 
necessary  so  to  do  for  preventing  any  loss  being  caused  to  the  applicant  which  cannot  be  adequately 
compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on 
the  expiry  of  a  period  of  fourteen  days from  the  date  on  which  it  is  made  unless  the said requirements 

1. Subs. by Act 19 of 1986, s. 15, for “after hearing of oral arguments, if any, allowed by the Tribunal in the circumstances of the 

case” (w.e.f. 22-1-1986). 

2. Subs. by s. 15, ibid., for “holding any inquiry” (w.e.f. 22-1-1986). 
3. Ins. by s. 16, ibid. (w.e.f. 22-1-1986). 
4. Subs. by s. 16, ibid., for “may appoint” (w.e.f. 22-1-1986). 

14 

 
                                                           
have been complied with before the expiry of that period and the Tribunal has continued the operation of 
the interim order. 

1[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 without such notice, the Chairman may transfer any case pending before one Bench, 
for disposal, to any other Bench. 

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 the Members are 
equally  divided,  they  shall  state  the  point  or  points  on  which  they  differ,  and  make  a  reference  to  the 
Chairman who shall either hear the point or points himself or refer the case for hearing on such point or 
points  by  one  or  more  of  the  other Members  of  the Tribunal and  such  point  or  points  shall  be decided 
according  to  the  opinion  of  the  majority  of  the  Members  of  the  Tribunal  who  have  heard  the  case, 
including those who first heard it.] 

27. Execution of orders of a Tribunal.—Subject to the other provisions of this Act and the rules, 
2[the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be 
called  in  question  in  any  court  (including  a  High  Court)  and such  order]  shall be  executed  in  the same 
manner  in  which  any  final  order  of the  nature  referred  to in clause  (a)  of  sub-section (2)  of  section  20 
(whether  or  not  such  final  order  had  actually  been  made)  in  respect  of  the  grievance  to  which  the 
application relates would have been executed.  

CHAPTER V 

MISCELLANEOUS 

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, 3[no court except— 

(a) the Supreme Court; or 

(b)  any  Industrial  Tribunal,  Labour  Court  or  other  authority  constituted  under  the  Industrial 

Disputes Act, 1947 (14 of 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.—(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 4***. 

(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 5[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: 

1. Subs. by Act 19 of 1986, s. 17, for sections 25 and 26 (w.e.f. 22-1-1986). 
2. Subs. by s. 18, ibid., for “the order of a Tribunal finally disposing of an application” (w.e.f. 22-1-1986). 
3.  Subs.  by  s.  19,  ibid.,  for  “no  court  (except  the  Supreme  Court  under  article  136  of  the  Constitution)  shall  have”                         

(w.e.f. 1-11-1985). 

4. The words “or the Supreme Court” omitted by s. 20, ibid. (w.e.f. 22-1-1986). 
5. Ins. by s. 20, ibid. (w.e.f. 22-1-1986). 

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Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High 

Court 1***  

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 2[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 2[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. 

3[(6)  Every  case  pending  before  a  Tribunal  immediately  before  the  commencement  of  the 
Administrative Tribunals (Amendment) Act, 1987 (51 of 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.] 

4[29A. 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  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.—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). 

1. The words “or the Supreme Court” omitted by Act 19 of 1986, s. 20 (w.e.f. 22-1-1986). 
2. Ins. by s. 20, ibid. (w.e.f. 22-1-1986). 
3. Ins. by Act 51 of 1987, s. 5 (w.e.f. 22-12-1987). 
4. Ins. by Act 19 of 1986, s. 21 (w.e.f. 22-1-1986). 

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31. Members and staff of Tribunal to be public servants.—The  1[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 (45 of 1860). 

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, 2*** or other Member of any Central 
or Joint or State Administrative Tribunal, or any other person authorised by such Chairman, 2*** 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.—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.—(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.—(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 prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(a) the case or cases which shall be decided by a Bench composed of more than  3[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 4[Chairman or other Member];  

(c)  the  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of,  the           

5[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  6[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 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 administrative powers which the Chairman of a Tribunal may exercise over 

the 7*** 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 

1. Subs. by Act 1 of 2007, s. 13, for “Chairman, Vive-Chairman and other Members” (w.e.f. 19-2-2007). 
2. The word “Vice-Chairman” omitted by s. 14, ibid. (w.e.f. 19-2-2007). 
3. Subs. by Act 19 of 1986, s. 22, for “three Members” (w.e.f. 22-1-1986). 
4. Subs. by Act 1 of 2007, s. 15, for “Chairman, Vice-Chairman or other Member” (w.e.f. 19-2-2007). 
5. Subs. by s. 15, ibid., for “Chairman, Vice-Chairman and other Member” (w.e.f. 19-2-2007). 
6. Subs. by Act 19 of 1986, s. 22, for “and the fees payable in respect of such application” (w.e.f. 22-1-1986). 
7. The words “principal Bench and the additional” omitted by s. 23, ibid. (w.e.f. 22-1-1986). 

17 

 
                                                           
(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. 

1[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 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.—(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.  

1. Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987). 

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