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Administrative Tribunals Act, 1985 Section 16

Title: Jurisdiction, Powers and Authority of a Joint Administrative Tribunal

State: Central

Year: 1985

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.

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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.....

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Administrative Tribunals Act, 1985 Complete Act

Title: Administrative Tribunals Act, 1985

State: Central

Year: 1985

.....be by majority Section27 - Execution of orders of a Tribunal Chapter 5 Section28 - Exclusion of jurisdiction of courts except the Supreme Court Section29 - Transfer of pending cases Section29A - Provisions for filing of certain appeals Section30 - Proceedings before a Tribunal to be judicial proceedings Section31 - Members and staff of Tribunal to be public servants Section32 - Protection of action taken in good faith Section33 - Act to have overriding effect Section34 - Power to remove difficulties Section35 - Power of the Central Government to make rules Section36 - Power of the appropriate Government to make rules Section36A - Power to make rules retrospectively Section37 - Laying of rules Amending Act1 - ADMINISTRATIVE TRIBUNALS (AMENDMENT) ACT, 2006

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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.....

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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.....

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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.....

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Administrative Tribunals Act, 1985 Chapter 5

Title: Miscellaneous

State: Central

Year: 1985

.....in relation to such recruitment or matters concerning such recruitment or such service matters. ________________________ 1. Substituted by Act 19 of 1986, section 19, for certain words(w.r.e.f. 1-11-1985). Section 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 1 [***]. (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 2 [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,.....

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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.....

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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.....

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Administrative Tribunals Act, 1985 Section 6

Title: Qualification for Appointment as Chairman, Vice- Chairman and Other Members

State: Central

Year: 1985

.....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. 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.] ________________________ 1. The word "or" omitted by Act 51 of 1987 section 3 (w.e.f. 22-12-1987). 2. Clause (c) omitted by Act 51 of 1987, section 3 (w.e.f. 22-12-1987). 3. Substituted by Act 51 of 1987, section 3, for clause (a) (w.e.f. 22-12-1987). 4. Inserted by Act 19 of 1986, section 7 (w.r.e.f. 22-1-1986). 5. Substituted by Act 19 of 1986, section 7, for "a Member" (w.r.e.f. 22-1-1986). 6. Substituted by Act 19 of 1986, section 7, for sub-section (3) (w.r.e.f. 22-1-1986). 7. Substituted.....

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