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Contents ADMINISTRATIVE TRIBUNALS ACT, 1985 PAGE
CHAPTER I PRELIMINARY 1. Short title, extent and commencement
1
2. Act not to apply to certain persons
2
3. Definitions
3 CHAPTER II
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF 4. Establishment of Administrative Tribunals
6
5. Composition of Tribunals and Benches thereof
7
6. Qualifications for appointment as Chairman, Vice-Chairman or other Members
9
7. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
12
8. Term of office
12
9. Resignation and removal
13
10. Salaries and allowances and other terms and conditions of service of Chairman and other Members
13
10A. Saving terms and conditions of service of Vice-Chairman
14
10B. Qualifications, terms and conditions of service of Chairman and Member
14
I-5
CONTENTS
I-6 PAGE
11. Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc.
14
12. Financial and administrative powers of the Chairman
15
13. Staff of the Tribunal
16 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
16 20 22 22 24
CHAPTER IV PROCEDURE 19. 20. 21. 22. 23. 24. 25. 26. 27.
Applications to Tribunals Applications not to be admitted unless other remedies exhausted Limitation Procedure and powers of Tribunals Right to applicant to take assistance of legal practitioner and of Government, etc. to appoint presenting officers Conditions as to making of interim orders Power of Chairman to transfer cases from one Bench to another Decision to be by majority Execution of orders of a Tribunal
24 26 27 28 30 31 32 33 34
CHAPTER V MISCELLANEOUS 28. Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution
35
29. Transfer of pending cases
35
29A. Provisions for filing of certain appeals
37
30. Proceedings before a Tribunal to be judicial proceedings
37
31. Members and staff of Tribunal to be public servants
38
I-7
CONTENTS PAGE
32. Protection of action taken in good faith
38
33. Act to have overriding effect
38
34. Power to remove difficulties
38
35. Power of the Central Government to make rules
39
36. Power of the appropriate Government to make rules
39
36A. Power to make rules retrospectively 37. Laying of rules SUBJECT INDEX
40 40 41
CENTRAL ADMINISTRATIVE TRIBUNAL (PROCEDURE) RULES, 1987 1. Short title and commencement
45
2. Definitions
45
3. Language of the Tribunal
46
4. Procedure for filing applications
46
5. Presentation and scrutiny of applications
47
6. Place of filing application
48
7. Application fee
49
8. Contents of application
49
9. Documents to accompany the application
49
10. Plural remedies
50
11. Service of notice and processes issued by the Tribunal
50
12. Filing of reply and other documents by the respondents
51
13. Date and place of hearing to be notified
52
14. Calendar of cases
52
15. Action on application for applicant’s default
52
16. Ex parte hearing and disposal of application
52
17. Application for review
53
18. Substitution of legal representatives
54
19. Adjournment of hearing
54
20. Order to be signed and dated
54
21. Publication of orders
54
22. Communication of orders to the parties
55
CONTENTS
I-8 PAGE
23. Inspection of the records
55
24. Order and directions in certain cases
55
25. Registration of legal practitioner’s clerks
55
26. Working hours of the Tribunal
56
27. Sitting hours of the Tribunal
56
28. Powers and functions of the Registrar
56
29. Additional powers and duties of Registrar
57
30. Additional powers of the Registrar of the Principal Bench
57
31. Seal and emblem
58
32. Dress of the members and staff of the Tribunal
58
33. Dress of the parties
58
Form I:
Application under section 19 of the Administrative Tribunals Act, 1985
58
Form II: Receipt Slip
60
Form III: In the Central Administrative Tribunal
60
Form IV: Application For the Registration of a Clerk
61
CENTRAL ADMINISTRATIVE TRIBUNAL RULES OF PRACTICE, 1993 CHAPTER I PRELIMINARY 1. Short title
62
2. Commencement
62 CHAPTER II DEFINITIONS
3. Definitions
62 CHAPTER III
PREPARATION AND PRESENTATION OF PLEADINGS AND OTHER PAPERS 4. Preparation of pleadings and other papers
63
5. Date and signature
63
6. Attestation
63
I-9
CONTENTS PAGE
7. Production of authorisation for and on behalf of an association
64
8. Procedure on production of defaced, torn or damaged documents
64
9. Receipt of papers
64
10. Date stamping of papers and maintenance of Inward Register
64
CHAPTER IV SCRUTINY, REGISTRATION, NUMBER AND POSTING FOR ADMISSION/ORDERS 11. Scrutiny of application/petition/other pleadings and papers
64
12. Maintenance of order sheet
65
13. Classification of papers
65
14. Submission of case files to Registrar
66
15. Registration and Numbering
66
16. Maintenance of IPOs/DDs register
66
17. Rectification of defects
66
18. Posting of cases for admission/orders before the Bench
67
19. Posting of urgent cases
67
20. Matters to be attended to prior to commencement of sitting
67
21. Maintenance of court diary
68
22. Statutes/Citations for reference
68
23. Calling of cases in court
68
24. Regulation of court work
68 CHAPTER V
SERVICE OF NOTICE 25. Issue of notice
68
26. Steps for issue of fresh notice
69
27. Consequence of failure to take steps for issue of fresh notice
69
28. Service of notice, etc. on legal practitioners
69
29. Form of notice
69
30. Entries regarding service of notice/process
69
CHAPTER VI FILING OF REPLY STATEMENT/REJOINDER 31. Case deemed to be ready on failure to file reply in time
69
32. Filing of rejoinder
69
CONTENTS
I-10 PAGE
33. Papers not to form part of the records
70
34. Incorporation of amendments, filing of additional reply, etc.
70
CHAPTER VII PROCEEDINGS BEFORE REGISTRAR’S COURT 35. Matters to be listed before the Registrar’s court
70
36. Cause list for Registrar’s court
70
37. Recording of proceedings
70
38. Inclusion of cases in the ready list when pleadings are complete
71
CHAPTER VIII PREPARATION OF READY LIST, WARNING LIST, DAILY CAUSE LIST AND POSTING OF CASES 39. Maintenance of ready list
71
40. Preparation of warning list
71
41. Publication of warning list
71
42. Preparation and publication of daily cause list
71
43. Carry forward of cause list and adjournment of cases on account of non-sitting of a Bench
72
44. Supply of cause list
72
45. Request for adjournments
73
46. Maintenance of Stage Register and Posting Register
73
47. Early hearing of cases
73
48. Vacation Bench sittings and posting of cases
73
CHAPTER IX POSTING OF REVIEW APPLICATIONS 49. Posting of review applications
73
CHAPTER X FULL BENCH MATTERS 50. Preparation and filing of paper books on reference to the Full Bench
74
51. Circulation of order of reference to other Benches
74
52. Seeking orders of Chairman for constitution of Full Bench and fixing date of hearing
74
53. Conveyance of the orders of the Chairman
74
I-11
CONTENTS PAGE
54. Notification regarding Full Bench hearing
74
55. Circulation of Full Bench decision/opinion
75
CHAPTER XI INSPECTION OF RECORDS 56. Grant of inspection
75
57. Application for grant of inspection
75
58. Fee payable for inspection
75
59. Mode of inspection
75
60. Maintenance of register of inspection
76
CHAPTER XII LEGAL PRACTITIONERS BEFORE THE TRIBUNAL 61. Appearance of legal practitioners
76
62. Appearance on behalf of Government, etc.
76
63. Nomination or engagement of another legal practitioner
76
64. Consent for engaging another legal practitioner
76
65. Restrictions on appearance
76
66. Access to information
77
67. Form and execution of vakalatnama
77
68. Restriction on party’s right to be heard
77
69. Professional dress for the advocate
77
CHAPTER XIII REGISTERED CLERKS OF LEGAL PRACTITIONERS 70. Prohibition of employment of tout
77
71. Disqualification for registration of clerks
78
72. Registration of legal practitioner’s clerks
78
73. Cancellation of registration
78
74. Notifying registration and cancellation
78
75. Issue of identity card
78
76. Access to information by registered clerks
78
77. Carrying out corrections
78
78. Discharge of duties of an absentee clerk
79
79. Presentation and return of papers
79
CONTENTS
I-12 PAGE
CHAPTER XIV AFFIDAVITS 80. Title of affidavits
79
81. Form and contents of the affidavit
79
82. Corrections/erasures, etc.
79
83. Persons authorised to attest
79
84. Affidavits of illiterate, blind, etc.
79
85. Identification of deponent
80
86. Annexures to the affidavit
80 CHAPTER XV
DISCOVERY, PRODUCTION AND RETURN OF DOCUMENTS 87. Application for production of documents, form of summons
80
88. Suo motu summoning of documents
80
89. Marking of documents
80
90. Return and transmission of documents
81
CHAPTER XVI EXAMINATION OF WITNESSES AND ISSUE OF COMMISSIONS 91. Procedure for examination of witnesses, issue of commissions, etc.
81
92. Examination in camera
81
93. Form of oath/affirmation to witness
81
94. Form of oath/affirmation to interpreter
81
95. Officer to administer oath
81
96. Form recording of deposition
81
97. Numbering of witnesses
81
98. Grant of discharge certificate
82
99. Witness bhatta payable
82
100. Records to be furnished to the Commissioner
82
101. Taking of specimen handwriting, signature, etc.
82
CHAPTER XVII PRONOUNCEMENT OF ORDER 102. Order
82
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CONTENTS PAGE
103. Operative portion of the order
82
104. Corrections
82
105. Pronouncement of order
82
106. Pronouncement of order by any one Member of the Bench
83
107. Authorising any member to pronounce order
83
108. Making of entries by court officer
83
109. Transmission of order by the court officer
83
110. Format of order
84
111. Costs
84
112. Compliance of urgent orders
84
113. Placing copies/common orders
84
114. Indexing of case files disposal
84
115. Transmission of files/records/orders
85
116. Copies of orders in library
85
CHAPTER XVIII GRANT OF CERTIFIED COPIES AND FREE COPIES 117. Form and fee of application
85
118. Right of the party to obtain certified copy
85
119. Application for copies by stranger
85
120. Register of copy application and requisition register
85
121. Copying fee
86
122. Scrutiny of copy application, requisitioning of case records and rectification of defects
86
123. Determination of additional copying fee
86
124. Remittance of additional copying fee
86
125. Order of preparation of certified copy
86
126. Time limit for issue of urgent/ordinary copy
86
127. Notifying when copies are ready for delivery and consequence of not taking delivery
86
128. Proper accounting of copying fee received
87
129. Preparation and comparison of certified copy
87
130. Re-transmission of case records
87
131. Mode of delivery of certified copy
87
132. Request for certified copy by post
88
CONTENTS
I-14 PAGE
133. Intimation of rejection
88
134. Supply of free copy only once
88
135. Certifying of free copies
88
136. Time for furnishing free copies
88
137. Furnishing of free copy in a joint application
88
138. Furnishing of corrected free copy of order
88
CHAPTER XIX APPEALS TO SUPREME COURT 139. Manner of service of order/notice issued by the Supreme Court of India
89
140. Steps to comply with Supreme Court directions
89
141. Register of SLPs/appeals
89
142. Placing of Supreme Court orders before Chairman/Vice-Chairman/ Members
89
143. Circulation of the orders of the Supreme Court
89
144. Registrar to ensure compliance of Supreme Court orders
89
CHAPTER XX RETENTION, PRESERVATION AND DESTRUCTION OF RECORDS 145. Procedure regarding retention, preservation and destruction of records
89
146. Receipt, scrutiny and custody of records
90
147. Rectification of defects/securing of missing records
90
148. Maintenance of Register of Records received in the record room
90
149. Entry regarding destruction
90
150. Preservation of records requiring permanent retention
90
151. Retention of records beyond prescribed period
90
CHAPTER XXI MISCELLANEOUS 152. Circuit Benches
90
153. Use of computers
90
154. Classification of cases subject-wise/department-wise
91
155. Weekly and monthly statements—Furnishing of
91
156. Inspection of Registry
91
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CONTENTS PAGE
157. Due compliance with the Act, Rules of Procedure and the Rules of Practice
92
158. Removal of doubt/difficulty
92
Form 1: Form of Index
92
Form 2: Report on the Scrutiny of Application
92
Form 3: Report of the Scrutiny of Contempt of Court Petition (Civil/ Criminal)
94
Form 4: Order Sheet
96
Form 5: Classification of papers
96
Form 6: Rectification of defects
97
Form 7: Process Memo
97
Form 8: Form of notice
98
Form 9: Form of notice
99
Form 10: Application for Inspection of Documents/Records
99
Form 11: Memo of Appearance
100
Form 12: Form of Vakalatnama
100
Form 13: Identity Card
101
Form 14: Affidavit
101
Form 15: Certification When Deponent is Unacquainted with the Language of the Affidavit or is Blind or Illiterate
102
Form 16: Summon for production of documents
102
Form 17: Deposition of PW/RW
103
Form 18: Certificate of Discharge
104
Form 19: Format of Order
104
Form 20: Bill of Costs
105
Form 21: Index Sheet
105
Form 22: Application For Grant of Certified Copy
106
Form 23: Notification of Certified Copies Ready For Delivery
106
Form 24: Statement Showing Disposal of Cases
107
Form 25: Statement Showing the Position Regarding Institution, Disposal and Pendency of Cases For the Month
108
Form of Register No. 1: Inward Register
109
Form of Register No. 2: Register of original applications transferred applications review applications contempt petitions petitions for transfer miscellaneous applications
110
Form of Register No. 3: I.P.O./D.D. Register
111
CONTENTS
I-16 PAGE
Form of Register No. 4: Court Diary
111
Form of Register No. 5: Ready List of OAS/RAS/TAS/CPS (Civil/Crl.)/ P.Ts./M.As.
111
Form of Register No. 6: Stage Register
112
Form of Register No. 7: Posting Register
112
Form of Register No. 8: Register of Inspection
112
Form of Register No. 9: Register of Registered Clerks of Legal Practitioners
113
Form of Register No. 10: Register of Copy Applications
113
Form of Register No. 11: Requisition Register
114
Form of Register No. 12: Despatch Register of Free Copies of Orders
114
Form of Register No. 13: Register of S.L.Ps/Appeals To Supreme Court
114
Form of Register No. 14: Register of records
115
APPENDIX I: Order No. 1/32/87-JA, dated 18-12-1991
115
APPENDIX II: Order No. 13/19/91-JA, dated 18-12-1991
116
APPENDIX III: Order No. 1/32/87-JA, dated 20-1-1992
117
APPENDIX IV: Notification No. 13/19/91-JA, dated 18-2-1992
118
APPENDIX V: Central Administrative Tribunal (Destruction of Records) Rules, 1990
120
APPENDIX VI: Department-Wise Classification of Cases
128
APPENDIX VII: Subject-Wise Classification of Cases
130
APPENDIX VIII: Subject-Wise Classification of Cases
131
APPENDIX IX: Format For Inspection of Judicial Sections
132
CONTEMPT OF COURTS (CAT) RULES, 1992 1. Short title and commencement
152
2. Definitions
152
3. Form of motion
153
4. Parties to the proceedings
153
5. Contempt of the petition
153
6. Taking cognizance
154
7. Initiation of proceedings
154
8. Preliminary hearing and notice
154
9. Compelling attendance
154
10. Appearance of the respondent
155
11. Reply by the respondent
155
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CONTENTS PAGE
12. Right to be defended by an Advocate
155
13. Hearing of the case and trial
155
14. Assistance in the conduct of proceedings
156
15. Procedure for trial
156
16. Expenses of witnesses
156
17. Execution of sentence
156
18. Execution of processes
157
19. Procedure on forfeiture of the bond
157
20. Apology at any stage of the proceedings
157
21. Costs
157
22. Application of other rules of the Tribunal
157
23. Application to pending proceedings
157
Form No. I : Notice to Respondent
158
Form No. II : Warrant of Arrest
158
Form No. III : Charge
159
Form No. IV : Warrant of Commitment to Prison
159
Form No. V : Warrant For Attachment of Movables
160
Form No. VI : Warrant of Attachment By District Collector/Deputy Commissioner
161
NOTIFICATION
162
Administrative Tribunals Act, 1985 [13 OF 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 follows:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Administrative Tribunals Act, 19852. (2) It extends— (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; (b) 3[***] (3) The provisions of this Act, insofar as they relate to the Central Administrative Tribunal, shall come into force on such date4 as the Central Government may, by notification, appoint. * Dated 27-2-1985. 1. Substituted for “any corporation owned or controlled by the Government” by the Administrative Tribunals (Amendment) Act, 1986, w.e.f. 22-1-1986. 2. Dated 27-2-1985. 3. Omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. Prior to its omission, clause (b) read as under: “(b) in so far as it relates to Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir.” 4. W.e.f. 1-7-1985 vide Notification G.S.R. 527(E), dated 1-7-1985.
1
S. 2
ADMINISTRATIVE TRIBUNALS ACT, 1985
2
(4) The provisions of this Act, insofar as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date5 as the Central Government may, by notification, appoint. COMMENTS SECTION NOTES
1.1 Short Title
This Act is called the Administrative Tribunals Act, 1985.
1.2 Extent of the Act
Central Administrative Tribunal (CAT): The provisions of this Act relating to CAT apply to the whole of India.
State Administrative Tribunals (SATs): The provision relating to State Tribunals was originally applicable across all Indian states, excluding the (erstwhile) State of Jammu and Kashmir. However, with the enactment of the Jammu and Kashmir
Reorganisation Act, 2019, the exclusion to the Jammu & Kashmir no longer applies from October 31, 2019.
See section 2 of the Act which provides for the Act not to apply to certain persons. Act not to apply to certain persons. 2. The provisions of this Act shall not apply to— (a) any member of the naval, military or air forces or of any other armed forces of the Union; (b) 6[***] (c) any officer or servant of the Supreme Court or of any High Court 7[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.
5. Provisions in its application to State Administrative Tribunal for Andhra Pradesh came into force w.e.f. 1-11-1989, vide G.S.R. 921(E), dated 25-10-1989, for Arunachal Pradesh came into force w.e.f. 3-8-1989, vide G.S.R. 638(E), dated 3-8-1989, for Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra and Orissa came into force w.e.f. 1-1-1985, vide Notification No. G.S.R. 956(E), dated 31-12-1985, for State of Bihar came into force w.e.f. 22-10-1991, vide S.O. 715(E), dated 22-10-1991 and for Haryana came into force w.e.f. 10-9-2015 vide Notification No. GSR 630(E), dated 13-8-2015. 6. Omitted by the Administrative Tribunals (Amendment) Act, 1986, w.e.f. 1-11-1985. Prior to its omission, clause (b) read as under: “(b) any person governed by the provisions of the Industrial Disputes Act, 1947 (14 of 1947), in regard to such matters in respect of which he is so governed;” 7. Inserted by the Administrative Tribunals (Amendment) Act, 1987, w.e.f. 22-12-1987.
3
ADMINISTRATIVE TRIBUNALS ACT, 1985
S. 3
Definitions. 3. In this Act, unless the context otherwise requires,— 8
[(a) “Administrative Member” means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);]
[(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;
9
(b) “application” means an application made under section 19; (c) “appointed day”, in relation to a Tribunal, means the date10 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; 11
[(i) “Judicial Member” means a Member of a Tribunal appointed as such under this Act, and includes 12[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 13[***];] (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;
8. 9. 10. 11.
Inserted by the Administrative Tribunals (Amendment) Act, 1986, w.e.f. 22-1-1986. Clause (a) re-lettered as clause (aa), ibid. W.e.f. 1-11-1985 vide Notification No. G.S.R. 764(E), dated 28-9-1985. Clauses (i) and (ia) substituted for clause (i) by the Administrative Tribunals (Amendment) Act, 1986, w.e.f. 22-1-1986. Prior to its substitution, clause (i) read as under: ‘(i) “Member” means a Member of a Tribunal;’ 12. Substituted for “the Chairman or a Vice-Chairman” by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19-2-2007. 13. Words “and a Vice-Chairman” omitted, ibid.
S. 3
ADMINISTRATIVE TRIBUNALS ACT, 1985
4
(m) “President” means the President of India; (n) 14[***] (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 15[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; 16
[(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;
17
[(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.]
14. Omitted by the Administrative Tribunals (Amendment) Act, 1986, w.e.f. 22-1-1986. Prior to its omission, clause (n) read as under: ‘(n) “principal Bench” means the principal Bench of a Tribunal;’ 15. Inserted, ibid. 16. Inserted by the Administrative Tribunals (Amendment) Act, 1986, w.e.f. 22-1-1986. 17. Substituted by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19-2-2007. Prior to substitution, clause (u) read as under: ‘(u) “Vice-Chairman” means the Vice-Chairman of the Tribunal;’
5
ADMINISTRATIVE TRIBUNALS ACT, 1985
S. 3
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. COMMENTS SECTION NOTES
3.1 Administrative Member and Judicial Member
Administrative Member refers to a Tribunal member who is not a judicial appointee, typically from administrative backgrounds such as civil services.
Judicial Member holds the qualifications specified in Section 6(3) and includes the Chairman if they meet these qualifications. This ensures legal rigor in Tribunal proceedings.
3.2 Administrative Tribunal
Refers to State-level or Joint Administrative Tribunals established under the Act.
Facilitates dispute resolution for employees of State and Central Government.
3.3 Appropriate Government
Central Government is the ‘Appropriate Government’ in the context of the Central Administrative Tribunal or Joint Administrative Tribunals.
State Government is the ‘Appropriate Government’ for matters within the purview of a State Administrative Tribunal.
3.4 Central Administrative Tribunal (CAT)
CAT is the central forum for service-related disputes of Union Government employees, established under section 4(1).
3.5 Joint Administrative Tribunal
Administrative Tribunal jointly established for two or more States [Section 4(3)]
3.6 Service Matters
Defined broadly to cover all aspects of service conditions such as:
Salary and retirement benefits
Seniority, promotions, confirmation, reversion, premature retirement and superannuation
Leave entitlements and disciplinary actions
3.7 Society
Includes entities registered under the Societies Registration Act, 1860 or other applicable laws. This ensures the Act applies to employees of government-controlled societies.
3.8 Tribunal
Covers Central, State, or Joint Administrative Tribunals empowered to adjudicate service-related disputes.
ADMINISTRATIVE TRIBUNALS ACT 1985 WITH RULES – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE
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TAXMANN'S EDITORIAL BOARD TAXMANN DECEMBER 2025 2026 EDITION 9789371263979 184 PAPERBACK
Rs.250
DESCRIPTION Administrative Tribunals Act 1985 with Rules [Bare Act with Section Notes] by Taxmann provides a complete and up-to-date statutory compilation governing the establishment, jurisdiction, powers, procedure, and functioning of Central, State, and Joint Administrative Tribunals in India. This Edition consolidates the principal Act along with: • Central Administrative Tribunal (Procedure) Rules 1987 • Central Administrative Tribunal Rules of Practice 1993 • Contempt of Courts (CAT) Rules 1992 • Relevant Notifications, Forms & Appendices Each provision is supported by concise Section Notes, legislative references, and selective judicial comments to help readers understand the text, its scheme, and its practical implications. The volume serves as a reliable and comprehensive statutory reference for India's tribunal system under Article 323A of the Constitution. This book is intended for the following audience: • Advocates & Legal Practitioners • Members of the Bar & Bench • Government Departments & HR Administrators • Scholars, Researchers & Students • Personnel & Establishment Officers The Present Publication is the 2026 Edition, covering the amended and updated text of the Administrative Tribunals Act [Act No. 13 of 1985] and Rules, with the following noteworthy features: • [Complete, Updated & Authoritative Text] Includes all amendments, including those introduced through the Tribunals Reforms Act 2021 and relevant Central/State Notifications • [Pre-amendment Provisions] Earlier versions of amended sections are reproduced in footnotes for historical reference and transitional applicability • [Section Notes for Clarity & Application] Explaining legislative intent, definitions, practical implications, procedural aspects, and cross-references to Rules & Forms • [Judicially Relevant Supplementary Material] Case-law notes illustrating how important provisions have been construed by courts/tribunals • [Complete Set of CAT Rules & Practice Directions] including: o CAT (Procedure) Rules 1987 o CAT Rules of Practice 1993 o Contempt of Courts (CAT) Rules 1992 o Destruction of Records Rules 1990 o Official Forms, Registers & Formats used in Tribunal proceedings • [Bench-wise Jurisdictional Notifications] Including G.S.R. 610(E), updated to reflect the current territorial jurisdiction of all CAT Benches • [Practical Utility for Service-law Litigation] Clarifies jurisdictional exclusions, limitations under Sections 19–21, filing protocols, transfer of cases, execution of orders, and contempt powers
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