The Administrative Tribunals Act, 1985

The Administrative Tribunals Act establishes tribunals for the adjudication of disputes 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 any State.

Administrative LawTribunalPublic ServiceCentral GovernmentState GovernmentAdjudication

Summary

The Administrative Tribunals Act was passed in 1985 with the aim of setting up administrative tribunals for speedy and inexpensive adjudication of disputes related to the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State. These tribunals were established to replace the regular courts and reduce the backlog of cases. The Act provides for the establishment of the Central Administrative Tribunal (CAT) and the State Administrative Tribunals (SATs). The CAT has jurisdiction over the employees of the Central Government, while the SATs have jurisdiction over the employees of the respective State Governments. The Act also outlines the powers and functions of these tribunals, the qualifications of their members, and the procedure for filing and disposing of cases before them.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Act not to apply to certain persons

Section 3 : Definitions

CHAPTER II
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF

Section 4 : Establishment of Administrative Tribunals

Section 5 : Composition of Tribunals and Benches thereof

Section 6 : Qualifications for appointment as Chairman, Vice-Chairman and other Members

Section 7 : Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances

Section 8 : Term of office

Section 9 : Resignation and removal

Section 10 : Salaries and allowances and other terms and conditions of service of Chairman, and other Members

Section 10A : Saving terms and conditions of service of Vice-Chairman

Section 10B : Qualifications, terms and conditions of service of Chairman and Member

Section 11 : Provision as to the holding of offices by Chairman, etc, on ceasing to be such Chairman, etc

Section 12 : Financial and administrative powers of the Chairman

Section 13 : Staff of the Tribunal

CHAPTER III
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS

Section 14 : Jurisdiction, powers and authority of the Central Administrative Tribunal

Section 15 : Jurisdiction, powers and authority of State Administrative Tribunals

Section 16 : Jurisdiction, powers and authority of a Joint Administrative Tribunal

Section 17 : Power to punish for contempt

Section 18 : Distribution of business amongst the Benches

CHAPTER IV
PROCEDURE

Section 19 : Applications to tribunals

Section 20 : Applications not to be admitted unless other remedies exhausted

Section 21 : Limitation

Section 22 : Procedure and powers of Tribunals

Section 23 : Right of applicant to take assistance of legal practitioner and of Government, etc, to appoint presenting officers

Section 24 : Conditions as to making of interim orders

Section 25 : Power of Chairman to transfer cases from one Bench to another

Section 26 : Decision to be by majority

Section 27 : Execution of orders of a Tribunal

CHAPTER V
MISCELLANEOUS

Section 28 : Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution

Section 29 : Transfer of pending cases

Section 29A : Provision for filing of certain appeals

Section 30 : Proceedings before a Tribunal to be judicial proceedings

Section 31 : Members and staff of Tribunal to be public servants

Section 32 : Protection of action taken in good faith

Section 33 : Act to have overriding effect

Section 34 : Power to remove difficulties

Section 35 : Power of the Central Government to make rules

Section 36 : Power of the appropriate Government to make rules

Section 36A : Power to make rules retrospectively

Section 37 : Laying of rules

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