The Administrative Tribunals Act, 1985
Administered Ministry: Ministry of Personnel, Public Grievances and Pensions / Department of Personnel and Training
Section
Section 19 Applications to tribunals.
(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.
Explanation.--For the purposes of this sub-section, order means an order made--
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 1[or society] owned or controlled by the Government; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation 1[or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) 2[in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government].
3[(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.]
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
Explanation.--For the purposes of this sub-section, order means an order made--
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 1[or society] owned or controlled by the Government; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation 1[or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) 2[in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government].
3[(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.]
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
1. Ins. by s. 14, ibid. (w.e.f. 22-1-1986).
2. Subs. by s. 14, ibid., for as may be prescribed by the Central Government (w.e.f. 22-1-1986).
3. Subs. by s. 14, ibid., for sub-section (3) (w.e.f. 22-1-1986).
2. Subs. by s. 14, ibid., for as may be prescribed by the Central Government (w.e.f. 22-1-1986).
3. Subs. by s. 14, ibid., for sub-section (3) (w.e.f. 22-1-1986).
Section 20 Applications not to be admitted unless other remedies exhausted.
(1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.
(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,--
(a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or
(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
(3) For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be of one of the remedies which are available unless the applicant had elected to submit such memorial.
(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,--
(a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or
(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
(3) For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be of one of the remedies which are available unless the applicant had elected to submit such memorial.
Section 21 Limitation.
(1) A Tribunal shall not admit an application,--
(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where--
(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court,
the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b), of sub-section (1) or within a period of six months from the said date, whichever period expires later.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.
(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where--
(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court,
the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b), of sub-section (1) or within a period of six months from the said date, whichever period expires later.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.
Section 22 Procedure and powers of Tribunals.
(1) A Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.
(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and 1[after hearing such oral arguments as may be advanced].
(3) A Tribunal shall have, for the purposes of 2[discharging its functions under this Act], the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witness or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex parte;
(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central Government.
(2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and 1[after hearing such oral arguments as may be advanced].
(3) A Tribunal shall have, for the purposes of 2[discharging its functions under this Act], the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witness or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex parte;
(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central Government.
1. Subs. by Act 19 of 1986, s. 15, for "after hearing of oral arguments, if any, allowed by the Tribunal in the circumstances of the case" (w.e.f. 22-1-1986).
2. Subs. by s. 15, ibid., for "holding any inquiry" (w.e.f. 22-1-1986).
2. Subs. by s. 15, ibid., for "holding any inquiry" (w.e.f. 22-1-1986).
Section 23 Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers.
(1) A person making an application to a Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.
(2) The Central Government or a State Government or a local or other authority or corporation 1[or society], to which the provisions of sub-section (3) of section 14 or sub-section (3) of section 15 apply, 2[may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before a Tribunal.]
(2) The Central Government or a State Government or a local or other authority or corporation 1[or society], to which the provisions of sub-section (3) of section 14 or sub-section (3) of section 15 apply, 2[may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before a Tribunal.]
1. Ins. by s. 16, ibid. (w.e.f. 22-1-1986).
2. Subs. by s. 16, ibid., for "may appoint" (w.e.f. 22-1-1986).
2. Subs. by s. 16, ibid., for "may appoint" (w.e.f. 22-1-1986).
Section 24 Conditions as to making of interim orders.
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application unless--
(a) copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and
(b) opportunity is given to such party to be heard in the matter:
Provided that a Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
(a) copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and
(b) opportunity is given to such party to be heard in the matter:
Provided that a Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
Section 25 Power of Chairman to transfer cases from one Bench to another.
1[25. Power of Chairman to transfer cases from one Bench to another.--On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.]
1. Subs. by Act 19 of 1986, s. 17, for sections 25 and 26 (w.e.f. 22-1-1986).
Section 26 Decision to be by majority.
1[26. Decision to be by majority.--If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it.]
1. Subs. by Act 19 of 1986, s. 17, for sections 25 and 26 (w.e.f. 22-1-1986).
Section 27 Execution of orders of a Tribunal.
Subject to the other provisions of this Act and the rules, 1[the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order] shall be executed in the same manner in which any final order of the nature referred to in clause (a) of sub-section (2) of section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed.
1. Subs. by s. 18, ibid., for "the order of a Tribunal finally disposing of an application" (w.e.f. 22-1-1986).
Section 28 Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution.
On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any Service or persons appointed to any Service or post, 1[no court except--
(a) the Supreme Court; or
(b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 (14 of 1947) or any other corresponding law for the time being in force,
shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.
(a) the Supreme Court; or
(b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 (14 of 1947) or any other corresponding law for the time being in force,
shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.
1. Subs. by s. 19, ibid., for "no court (except the Supreme Court under article 136 of the Constitution) shall have" (w.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, 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 3***
Explanation.--For the purposes of this sub-section "date with effect from which jurisdiction is conferred on a Tribunal", in relation to any local or other authority or corporation 4[or society], means the date with effect from which the provisions of sub-section (3) of section 14 or, as the case may be, sub-section (3) of section 15 are applied to such local or other authority or corporation 4[or society].
(3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal.
Explanation.--For the purposes of this sub-section, "State Tribunal" means a Tribunal established under sub-section (2) of section 4.
(4) Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal under sub-section (1) or sub-section (2),--
(a) the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and
(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.
(5) Where any case stands transferred to a Joint Administrative Tribunal under sub-section (3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred.
5[(6) Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987 (51 of 1987), being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court.
(7) Where any case stands transferred to a court under sub-section (6), that court may proceed to deal with such case from the stage which was reached before it stood so transferred.]
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, 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 3***
Explanation.--For the purposes of this sub-section "date with effect from which jurisdiction is conferred on a Tribunal", in relation to any local or other authority or corporation 4[or society], means the date with effect from which the provisions of sub-section (3) of section 14 or, as the case may be, sub-section (3) of section 15 are applied to such local or other authority or corporation 4[or society].
(3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal.
Explanation.--For the purposes of this sub-section, "State Tribunal" means a Tribunal established under sub-section (2) of section 4.
(4) Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal under sub-section (1) or sub-section (2),--
(a) the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and
(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.
(5) Where any case stands transferred to a Joint Administrative Tribunal under sub-section (3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred.
5[(6) Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987 (51 of 1987), being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court.
(7) Where any case stands transferred to a court under sub-section (6), that court may proceed to deal with such case from the stage which was reached before it stood so transferred.]
1. The words "or the Supreme Court" omitted by s. 20, ibid. (w.e.f. 22-1-1986).
2. Ins. by s. 20, ibid. (w.e.f. 22-1-1986).
3. The words "or the Supreme Court" omitted by Act 19 of 1986, s. 20 (w.e.f. 22-1-1986).
4. Ins. by s. 20, ibid. (w.e.f. 22-1-1986).
5. Ins. by Act 51 of 1987, s. 5 (w.e.f. 22-12-1987).
2. Ins. by s. 20, ibid. (w.e.f. 22-1-1986).
3. The words "or the Supreme Court" omitted by Act 19 of 1986, s. 20 (w.e.f. 22-1-1986).
4. Ins. by s. 20, ibid. (w.e.f. 22-1-1986).
5. Ins. by Act 51 of 1987, s. 5 (w.e.f. 22-12-1987).
Section 29A Provision for filing of certain appeals.
1[29A. Provision for filing of certain appeals.--Where any decree or order has been made or passed by any court (other than a High Court) in any suit or proceeding before the establishment of a Tribunal, 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, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie--
(a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from its establishment or within ninety days from the date of receipt of the copy of such decree or order, whichever is later.]
(a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from its establishment or within ninety days from the date of receipt of the copy of such decree or order, whichever is later.]
1. Ins. by Act 19 of 1986, s. 21 (w.e.f. 22-1-1986).
Section 30 Proceedings before a Tribunal to be judicial proceedings.
All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).
Section 31 Members and staff of Tribunal to be public servants.
The 1[Chairman and other Members] and the officers and other employees provided under section 13 to a Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
1. Subs. by Act 1 of 2007, s. 13, for "Chairman, Vive-Chairman and other Members" (w.e.f. 19-2-2007).
Section 32 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central or State Government or against the Chairman, 1*** or other Member of any Central or Joint or State Administrative Tribunal, or any other person authorised by such Chairman, 1*** or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
1. The word "Vice-Chairman" omitted by s. 14, ibid. (w.e.f. 19-2-2007).
Section 33 Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Section 34 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Section 35 Power of the Central Government to make rules. 64 docs
(1) The Central Government may, subject to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5;
(b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member];
(c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members];
(d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;]
(e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and
(f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5;
(b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member];
(c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members];
(d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;]
(e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and
(f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007).
3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007).
4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007).
3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007).
4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986).
Section 36 Power of the appropriate Government to make rules. 31 docs
The appropriate Government may, by notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12;
(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and
(c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12;
(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and
(c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
Section 36A Power to make rules retrospectively. 21 docs
1 [36A. Power to make rules retrospectively.--The power to make rules under clause (c) of sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)