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ADMINISTRATIVE TRIBUNALS ACT

Ministry of Law and Justice

Act nº 13 of 1985


  • Chapter 1
  • Chapter 2
  • Chapter 3
  • Chapter 4
  • Chapter 5
  • Amending Acts
  • Act nº 13 of 1985

Preamble

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 '[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:

1. Substituted by Act 19 of 1986, section 2, for "any corporation owned or controlled by the Government" (w.r.e.f. 22-1-1986).


Chapter 1

Section 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:

(b) in so far as it relates to 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 3[1date] 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 2date as the Central Government may, by notification, appoint.

1. The provisions of this Act in so far as they relate to the Central Administrative Tribunal, came into force on 1st July, 1985, vide G.S.R. 527(E), dated 1st July, 1985.

2. The provisions of this Act in so far as they relate to the State Administrative Tribunal, for Andhra Pradesh have come into force on 1st November, 1989, vide G.S.R. 921 (E), dated 25th October, 1989 and for Arunachal Pradesh have come into force on 3rd August, 1989, vide G.S.R. 738(E), dated 3rd August, 1989 and for Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra and Orissa have come into force on the 1st January, 1986; vide G.S.R. 956(E), dated 31st December, 1985, and for the State of Bihar have come into force on 22nd October, 1991, vide S.O. 715 (E), dated 22nd October, 1991.

3. The provisions of this Act in 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 may be, the Joint Administrative Tribunal for that State and any other State or States;

(b) "application" means an application made under section 19;

(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 as Administrative Tribunal for two or more State established under sub-section (3) of section 4;

3[(i) "Judicial Member" means a Member of a Tribunal appointed as such under this Act, and includes 7 [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 8 [***];]

(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;

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 such matters;

6 [(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;

9 [(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-Chairman, references to the Vice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairman

1. Inserted by Act 19 of 1986, section 4, w.e.f. 22-1-1986.

2. Clause (a) re-lettered by Act 19 of 1986, section 4, w.e.f. 22-1-1986.

3. Substituted by Act 19 of 1986, section 4, for clause (i) w.e.f. 22-1-1986.

4. Clause (n) omitted by Act 19 of 1986, section 4, w.e.f. 22-1-1986.

5. Inserted by Act 19 of 1986, section 4, (w.e.f. 22-1-1986).

6. Inserted by Act 19 of 1986, section 4, w.e.f. 22-1-1986.

7. Substituted for the following wortds "the Chairman or a Vice-Chairman" by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19.02.2007.

8. Omitted the following "and a Vice - Chairman " by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19.02.2007.

9. Substituted for the following by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19.02.2007.

"(u) "Vice-Chairman" means the Vice-Chairman of a Tribunal."


Chapter 2

Section 4. Establishment of Administrative Tribunals

(1) The Central Government shall, by notification, establish an Administrative Tribunal, to be known as the Central Administrative Tribunal1, 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 subsection (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.

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 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 upon 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.]

1. Established with effect from 1-11-1985: vide G.S.R. 764 (E), dated 28th September, 1985.

2. Inserted by Act 19 of 1986, section 5 (w.r.e.f. 22-1-1986).

3.Substituted for the following words "Chairman, Vice-Chairman and other Members" by the Administrative Tribunals (Amendment) Act, 2006, dtd. 19.02.2007.


Section 5. Composition of Tribunals and Benches thereof

(1) Each Tribunal shall consist of12[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.]

3[***]

(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 13[a Member] from one Bench to another Bench;

6[(c) may authorise14[the Judicial Member] or the Administrative Member] appointed to one Bench to discharge also the functions of15[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 than7[two Members] issue such general or special orders, as he may deem fit:

8[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.]

9[***]

(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 as10[a Bench] consisting of a single Member and exercise the jurisdiction, powers and authority of the 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 of7[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.

11(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.]

1. Substituted by Act 19 of 1986, section 6, for "and other Members" (w.r.e.f. 1-11-1985).

2. Substituted by Act 19 of 1986, section 6, for sub-section (2) (w.r.e.f. 1-11-1985).

3. Sub-section (3) omitted by Act 19 of 1986, section 6 (w.r.e.f. 1-11-1985).

4. The words "or sub-section (3)" omitted by Act 19 of 1986, section 6 (w.r.e.f. 1-11-1985).

5. Substituted by Act 19 of 1986, section 6, for clause (a) (w.r.e.f. 1-11-1985).

6. Substituted by Act 19 of 1986, section 6, for clause (c) (w.r.e.f. 1-11-1985).

7. Substituted by Act 19 of 1986, section 6, for "three Members" (w.r.e.f. 1-11-1985).

8. Inserted by Act 19 of 1986, section 6 (w.r.e.f. 1-11-1985).

9. Sub-section (5) omitted by Act 19 of 1986, section 6 (w.r.e.f. 1-11-1985).

10. Substituted by Act 19 of 1986, section 6, for "an additional Bench" (w.r.e.f. 1-11-1985).

11. Substituted by Act 19 of 1986, section 6, for sub-section (7) (w.r.e.f. 1-11-1985)

12.Substituted for the following words "a Chairman and such number of Vice-Chairmen1[and Judicial and Administrative Members" by Administrative Tribunals (Amendment) Act, 2006. w.e.f. 19.02.2007.

13.Substituted for the following words "the Vice-Chairman or other Member"by Administrative Tribunals (Amendment) Act, 2006. w.e.f. 19.02.2007.

14.Substituted for the following words the "Vice-Chairman or the Judicial Member"by Administrative Tribunals (Amendment) Act, 2006. w.e.f. 19.02.2007.

15.Substituted for the following words the "the Judicial Member or the Administrative Member, as the case may be"by Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19.02.2007


Section 6. Qualification for appointment as Chairman, Vice- Chairman and other members

9[(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.

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 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 which is not less than that of an Additional Secretary to the Government of India; or]

(c) has, for a period of not less than three years, held office as5[a Judicial Member or an Administrative Member].

6[(3) A person shall not be qualified for appointment as a Judicial Member unless he-

(a) is, or has been, or is qualified to be, a Judge of a High Court; or

(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years.

(3A) A person shall not be qualified for appointment as an Administrative Member unless he-

(a) has, for at least two 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 which is not less than that of an Additional Secretary to the Government of India; or

(b) has, for at least three years, held the post of a Joint 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 Joint Secretary to the Government of India,

and shall, in either case, have adequate administrative experience.]

(4)7[Subject to the provisions of sub-section (7), the Chairman], Vice-Chairman and every other Member of the Central Administrative Tribunal shall be appointed by the President.

(5)7[Subject to the provisions of sub-section (7), the Chairman], Vice-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.

(6) The Chairman, Vice-Chairman and every other Member of a Joint Administrative Tribunal shall, subject to the terms of the agreement between the participating State Governments published under sub-section (3) of section 44[and subject to the provisions of sub-section (7)], be appointed by the President after consultation with the Governors of the concerned States.

8[(7) No appointment of a person possessing the qualifications specified in this section as the Chairman, a Vice-Chairman or a Member shall be made except after consultation with the Chief Justice of India.]

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



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

(1) In the event of the occurrence 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,1[such one of the Members] 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.

1. Substituted for the following words "the Vice-Chairman or, as the case may be, such one of the Vice-Chairman" by Administrative Tribunals (Amendment) Act, 2006 w.e.f. 19.02.2007.


Section 8. Term of office

2[ (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.]

1. Substituted by Act 51 of 1987, section 4 (w.e.f. 22-12-1987).

2. Substituted new section for the following by the Administrative Tribunals (amendment) Act, 2006 w.e.f. 19.02.2007.

"1[ The Chairman, Vice-Chairman or other Member shall hold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years:

Provided that no Chairman, Vice-Chairman or other Member shall hold office as such after he has attained,-

(a) in the case of the Chairman or Vice-Chairman, the age of sixty-five years, and

(b) in the case of any other Member, the age of sixty-two years."


Section 9. Resignation and removal

(1) The Chairman, 1[***] or other Member may, by notice in writing under his hand addressed to the President, resign his office:

Provided that the Chairman, 1[***] 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, 1[***] 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, 1[***] 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, 1[***] or other Member referred to in sub-section (2).

1.Omitted by Administrative Tribunals (Amendment) Act, 2006 w.e.f. 19.02.2007. Prior to omission the provision read as "Vice-Chairman"


Section 10. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman 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,1[***] 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,1[***] or other Member shall be varied to his disadvantage after his appointment.

2["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 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.Omitted by Administrative Tribunals (Amendment) Act, 2006 w.e.f. 19.02.2007 before omission the provision read as "Vice-Chairman ".

2.Inserted by Administrative Tribunals (Amendment) Act, 2006 w.e.f. 19.02.2007.


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

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 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, 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.".

1. Inserted by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19.02.2007.


Section 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 or2[***] or 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;

3[*** ]

(e) a Member (other than the Chairman4[***]) of any Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman4[***]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,5[***]or other Member shall not appear, act or plead before any Tribunal of which he was the Chairman,5[***] 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 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 Tribunal, but not for any other employment either under the Government of India or under the Government of a State;"

4.Omitted the following words "or Vice-Chairman" by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19.02.2007.

5.Omitted the following words "Vice-Chairman" by the Administrative Tribunals (Amendment) Act, 2006, w.e.f. 19.02.2007.