Skip to main content

The Administrative Tribunals Act, 1985

Central

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.

Act number
13 of 1985
Ministry
Ministry of Personnel, Public Grievances and Pensions
Department
Department of Personnel and Training
Enacted
27 Feb 1985

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

41 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Act not to apply to certain persons.
  3. Section 3Definitions.
  4. Section 4Establishment of Administrative Tribunals.
  5. Section 5Composition of Tribunals and Benches thereof.
  6. Section 6Qualifications for appointment as Chairman, Vice-Chairman and other Members.
  7. Section 7Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances.
  8. Section 8Term of office.
  9. Section 9Resignation and removal.
  10. Section 10Salaries and allowances and other terms and conditions of service of Chairman, and other Members.
  11. Section 10ASaving terms and conditions of service of Vice-Chairman.
  12. Section 10BQualifications, terms and conditions of service of Chairman and Member.
  13. Section 11Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc.
  14. Section 12Financial and administrative powers of the Chairman.
  15. Section 13Staff of the Tribunal.
  16. Section 14Jurisdiction, powers and authority of the Central Administrative Tribunal.
  17. Section 15Jurisdiction, powers and authority of State Administrative Tribunals.
  18. Section 16Jurisdiction, powers and authority of a Joint Administrative Tribunal.
  19. Section 17Power to punish for contempt.
  20. Section 18Distribution of business amongst the Benches.
  21. Section 19Applications to tribunals.
  22. Section 20Applications not to be admitted unless other remedies exhausted.
  23. Section 21Limitation.
  24. Section 22Procedure and powers of Tribunals.
  25. Section 23Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers.
  26. Section 24Conditions as to making of interim orders.
  27. Section 25Power of Chairman to transfer cases from one Bench to another.
  28. Section 26Decision to be by majority.
  29. Section 27Execution of orders of a Tribunal.
  30. Section 28Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution.
  31. Section 29Transfer of pending cases.
  32. Section 29AProvision for filing of certain appeals.
  33. Section 30Proceedings before a Tribunal to be judicial proceedings.
  34. Section 31Members and staff of Tribunal to be public servants.
  35. Section 32Protection of action taken in good faith.
  36. Section 33Act to have overriding effect.
  37. Section 34Power to remove difficulties.
  38. Section 35Power of the Central Government to make rules.
  39. Section 36Power of the appropriate Government to make rules.
  40. Section 36APower to make rules retrospectively.
  41. Section 37Laying of rules.