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Administrative Tribunals Act, 1985 Complete Act

State: Central

Year: 1985

.....the Thirty-fifth Year of the Republic of India as follows: CHAPTER 01: PRELIMINARY SECTION 01: 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 : (b) in so far as it relates to the Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir. (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date1as the Central Government may, by notification, appoint. (4) The provisions of the Act, in so far as they relate to Administrative Tribunal, for a State shall come into force in a State on such date2as the Central Government may, by notification appoint. SECTION 02: ACT NOT TO APPLY TO CERTAIN PERSONS The provisions of this Act shall not apply to- (a) any member of the naval, military or air force or of any other armed forces of the Union ; (b)3[* * *] (c) any officer or servant of the Supreme Court or any High Court4[or Courts subordinate thereto], (d) any person appointed to the secretarial.....

Administrative Tribunals Act, 1985 Chapter 1

Title: Preliminary

State: Central

Year: 1985

.....so far as they relate to the Kerala Administrative Tribunal shall come into force on 01.01.2010 vide Notification No. GSR919(E) dated 22.12.2009. Section 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; 1 [***] (c) any officer or servant of the Supreme Court or of any High Court 2 [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. __________________________ 1. Clause (b) omitted by Act 19 of 1986, section 3 (w.r.e.f. 1-11-1985). 2. Inserted by Act 51 of 1987, section 2 (w.e.f. 22-12-1987). Section 3 - Definitions In this Act, unless the context otherwise requires,- 1 [(a) "Administrative Member" means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i) ;] 2 [ (aa)] "Administrative Tribunal", in relation to a State, means the Administrative Tribunal for the State or, as the case.....

Administrative Tribunals Act, 1985 Section 3

Title: Definitions

State: Central

Year: 1985

.....India; (l) "prescribed" means prescribed by rules made under this Act; (m) "President" means the President of India; 4 [ * * * ] (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) dispilinary 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.....

Administrative Tribunals Act, 1985 Chapter 2

Title: Establishment of Tribunals and Benches Thereof

State: Central

Year: 1985

.....(3) (w.r.e.f. 22-1-1986). 7. Substituted by Act 19 of 1986, section 7, for "The Chairman" (w.r.e.f. 22-1-1986). 8. Subs-section (7) Inserted by Act 19 of 1986, section 7 (w.r.e.f. 22-1-1986) and Substituted by Act 51 of 1987, section 3 (w.e.f. 22-12-1987). 9. Substituted a new section for the following by the Administrative Tribunal (Amendment) Act, 2006 w.e.f. 19.02.2007. "(I) A person shall not be qualified for appointment as the Chairman unless he- (a) is, or has been, a Judge of a High Court; or (b) has, for at least two years, held the office of Vice-Chairman;1[***] 2[***] (2) A person shall not be qualified for appointment as the Vice-Chairman unless he- 3[(a) is, or has been, or is qualified to be, a Judge of a High Court; or] (b) has, for at least two years, held the post of a Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of a Secretary to the Government of India; or 4[(bb) has, for at least five years, held the post of an Additional Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay.....

Administrative Tribunals Act, 1985 Section 11

Title: Provision as to the Holding of Offices by Chairman, Etc., on Ceasing to Be Such Chairman, Etc.

State: Central

Year: 1985

.....of the Government of India or under any corporation1[or society] owned or controlled by the Government. ________________________ 1. Inserted by Act 19 of 1986, section 8 (w.r.e.f. 22-1-1986). 2.Omitted by Administrative Tribunals (Amendment) Act, 2006 w.e.f. 19.02.2007. Before omission the provision read as "Vice-Chairman or". 3.Omitted by Administrative Tribunals (Amendment) Act, 2006 w.e.f. 19.02.2007. Before omission the provision read as "( c) the Vice-Chairman of the Central Administrative Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of that Tribunal or as the Chairman or Vice-Chairman of any State Administrative Tribunal or Joint Administrative Tribunal, but not for any other employment either under the Government of India or under the Government of a State; (d) the Vice-Chairman of a State Administrative Tribunal or a Joint Administrative Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of that Tribunal or as the Chairman or Vice-Chairman of the Central Administrative Tribunal or of any other State Administrative Tribunal or Joint Administrative.....

Administrative Tribunals Act, 1985 Chapter 3

Title: Jurisdiction, Powers and Authority of Tribunals

State: Central

Year: 1985

.....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 2 [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 services have been placed by any such local or other authority or corporation 2 [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 2 [or societies] controlled or owned by the State Government: Provided that if.....

Constitution of India Complete Act

State: Central

Year: 1949

.....of this Constitution if- (a) he or either of his parents or any of his grand- parents was born in India as defined in (Government of India Act, 1935) (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948. he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government : Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. ARTICLE 7: Rights of citizenship of certain migrants to Pakistan: Notwithstanding anything in (Art.5) and (Art.6), a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be.....

Constitution of India Chapter 4

Title: Special Directives

State: Central

Year: 1950

.....by the Constitution (Sixth-fourth Amendment) Act, 1990, section 2. 6. Successively Substituted by the Constitution (Sixty-seventh Amendment) Act, 1990, section 2 and the Constitution (Sixty-eight Amendment) Act, 1991, section 2 to read as above. 7. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 38 for clause (5) (w.e.f. 20-6-1979). Clause (5) was inserted by the Constitution (Thirty-eighth Amendment) Act, 1975, section 6 (retrospectively). 8. Substituted by the Constitution (Fifty-ninth Amendment) Act, 1988, section 2 and omitted by the Constitution (Sixty-third Amendment) Act, 1989, section 2 (w.e.f. 6-1-1990) and again inserted by the Constitution (Sixty-fourth Amendment) Act, 1990, section 2 (w.e.f. 16-4-1990). Article 357 - Exercise of legislative powers under Proclamation issued under article 356 (1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent- (a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to.....

Constitution of India Article 371D

Title: Special Provisions with Respect to the State of Andhra Pradesh

State: Central

Year: 1950

.....that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer. (10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.] ________________________ 1. Inserted by the Constitution (Thirty-second Amendment) Act, 1973, section 3 (w.e.f. 1-7-1974).

Administrative Tribunals Act, 1985 Section 4

Title: Establishment of Administrative Tribunals

State: Central

Year: 1985

.....be deemed necessary or expedient for giving effect to the agreement. 2 [(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 Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative.....