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ADMINISTRATIVE TRIBUNALS ACT, 198513 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 2[any corporation or society owned or controlled by the Government in pursuance of Art. 323-A of the Constitution] and for matters connected therewith or incidental thereto. Be it enacted by Parliament in 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 PERSONSThe 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 subordinatethereto],(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. SECTION 03: DEFINITIONSIn this Act, unless the context otherwise requires,-1[(a) "Administrative Member" means a Member of Tribunal who is not a Judicial Member within the meaning of Cl (i)];2[(aa)] "Administrative Tribunal" in relation to a State or, as the case may be, the Joint Administrative Tribunal for the State and any other State or States;(b) "application" means an application made under Sec. 19-;(c) "appointed day" in relation to a Tribunal, means the date with effect from which it is established, by notification, under Sec. 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 subsection (1) of Sec. 4-;(g) "Chairman" means the Chairman of a Tribunal;(h) "Joint Administrative Tribunal" means an Administrative Tribunal for two or more States established under sub-section (3) of Sec. 4-;3[(i) "Judicial Member" means a Member of Tribunal appointed as such under this Act, and includes the Chairman or. a Vice-Chairman who possesses any of the qualifications specified in sub-section (3) of Sec. 6-;(i-a) "Member" means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman and a Vice-Chairman;](j) "notification" means a notification published in the official Gazette;(k) "post" means a post within or outside India;(1) "prescribed" means prescribed by rules made under this Act;(m) "President" means the President of India;(n)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 respect-(i) remuneration (including allowances), pension and other retirement benefits;(ii) tenure including confirmation, seniority, promotion, revision, premature retirement and superannuation;(iii) leave of any kind;(iv) disciplinary matters; or(v) any other matter whatsoever;(r) "service rules as to redressal of grievances in relation to any matter" means the rules, regulations, order 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;1(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;(u) "Vice-Chairman" means Vice-Chairman of a Tribunal. CHAPTER 02: ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF SECTION 04: ESTABLISHMENT OF ADMINISTRATIVE TRIBUNALS(1) The Central Government shall by notification; establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, 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..... (name of the State) Administrative Tribunal to exercise the jurisdiction, power 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 sub- section (2) and notwithstanding that any or all of those States has or have Tribunals established under that


subsection, 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, power and authority conferred on the Administrative Tribunal 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 Chairman, Vice- 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.1[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of Sec. 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 subsection (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 the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench and 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 of Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal (or that State established under the provisions of Art. 323-A of the Constitution-and this Act.(6) Every notification under sub-section (5) shall also provide for 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.]


SECTION 05: COMPOSITION OF TRIBUNALS AND BENCHES THEREOF(1) Each Tribunal shall consist of a Chairman and such number of Vice-Chairman „[and 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.3[(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.](3)4[* * *](4) Notwithstanding anything contained in sub-section (1)1[* * *] the Chairman2[(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 the Vice-Chairman or other Member from one Bench to another Bench :3[(c) may authorise the Vice-Chairman or the Judicial Member or the Administrative Member appointed to one Bench to discharge also the functions of the Vice-Chairman, or, as the case may be, the Judicial Member or the Administrative Member of another Bench]: and(d) may, for the purpose of securing that any case or cases which, having regard to the nature of the question involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by the Bench composed of more than (two members], issue such general or special order, as he may deem fit 4[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.]5[(5) * * *](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 as [a Bench] consisting of a single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes of cases of such matters pertaining to such classes of cases as the Chairman may by general or special order specifyProvided 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 of [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.6[(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 place 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.] SECTION 06: QUALIFICATIONS FOR APPOINTMENT AS CHAIRMAN, VICE CHAIRMAN OR OTHER MEMBERS(1) 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;2[* **]3[(c) * * *](2) A person shall not be qualified for appointment as the Vice-Chairman unless he-4[(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 ; or5[(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 as6[a Judicial Member or an Administrative Member.]7(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 High Court : or(b] has been a member of the Indian Legal Service and has held a post in Grade I of the service for at least three years.(3-A) 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)8[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)8[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 Government published under sub-section (3) of Sec. 4-1[and subject to the provisions of sub-section (7)1. be appointed by the President after consultation with Governors of the concerned State.2(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.] SECTION 07: 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, the Vice-Chairmen or, as the case may be, such one of the Vice-Chairmen 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, the Vice-Chairman or, as the case may be, such one of the Vice-Chairmen 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. SECTION 08: TERM OF OFFICEThe 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 09: RESIGNATION AND REMOVAL(1) The Chairman, Vice-Chairman or other Members may, by notice in writing under his hand addressed to the President, resign his office: Provided that the Chairman, Vice-Chairman 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, Vice-Chairman 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, Vice-Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect o{ those charges.(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member referred to in subsection (2). SECTION 10: SALARIES AND ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF CHAIRMAN, VICE CHAIRMAN AND OTHER MEMBERSThe salaries and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chairman, Vice-Chairman 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, Vice-Chairman or other Member shall be varied to his disadvantage after his appointment. SECTION 11: PROVISION AS TO THE HOLDING OF OFFICES BY CHAIRMAN, 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 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 or Vice-Chairman 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;(c) the Vice-Chairman of the Central Administrative Tribunal shall. subject to the other provision 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;(e) a Member (other than the Chairman or Vice-Chairman) of any Tribunal shall, subject to the other provisions of this Act, be eligible (or appointment as the Chairman or Vice-Chairman 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, Vice-Chairman or other member shall not appear, act or plead before any Tribunal of which he was the Chairman, Vice-Chairman 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 corporation 1[or society] owned or controlled by the Government. SECTION 12: FINANCIAL AND ADMINISTRATIVE POWER OF THE CHAIRMANThe Chairman shall exercise such financial and administrative power over the2[* * *] Benches as may be vested in him under the rules made by the appropriate Government: Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to3[the Vice-Chairman or any officer of the Tribunal, subject to the conditions that the Vice-Chairman or such officer] shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.


SECTION 13: STAFF OF THE TRIBUNAL(1) The appropriate Government shall determine the nature and categories of the officers and other employees required to assist a Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think it.4[(1-A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman].(2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government. CHAPTER 03: JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS SECTION 14: JURISDICTION, POWERS AND AUTHORITY OF THE CENTRAL ADMINISTRATIVE TRIBUNAL(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court)5[* * *] in relation to-(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;(b) all service matters concerning-(i) a member of any All-India Service; or(ii) a person [not being a member of an All-India Service or a person referred to in Cl. (c)] appointed to any civil service of the Union or any civil post under the Union; or(iii) a civilian [not being a member of an All-India Service or a person referred to in Cl. (c) appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or 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 i[or society] owned or controlled by the Government;(c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii} or sub clause


(iii) of Cl. (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation ƒ[or society] or other body, at the disposal of the Central Government for such appointment.(2) The Central Government may, by notification apply with effect from such date as may be specified in the notification the provisions of sub-section. (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations ƒ[or society] owned or controlled by Government, not being a local or other authority or corporation1[or society] controlled or owned by a State Government: Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of local or other authorities or corporations.(3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation ƒ[or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court)3[* * *] in relation to-(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation ƒ[or society]; and(b) all service matters concerning a person [other than a person referred to in Cl. (a) or Cl. (b) of subsection(1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation4[or society] and pertaining to the service of such person in connection with such affairs. SECTION 15: JURISDICTION, POWERS AND AUTHORITY OF STATE ADMINISTRATIVE TRIBUNALS(1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court)2[* * *] in relation to -(a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State;(b) all service matters concerning a person [not being a person referred to in Cl. (c) of this sub-


section or a member, person or civilian referred to in Cl. (b) of sub-section (1) of Sec. 14-] appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation „[or society] owned or controlled by the State Government;(c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in Cl. (b), being a person whose services have been placed by any such local or other authority or corporation …[or society] or other body as is controlled or owned by the State Government at the disposal of the State Government for such appointment.(2) The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities and corporations 3 [or societies] controlled or owned by the State Government; Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under 'any class of local or other authorities or corporations4[or societies](3) Save as otherwise expressly provided in this Act the Administrative Tribunal for a State shall also exercise on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court 5[* * *] in relation to-(a) recruitment and matters to recruitment to any concerning service or post in connection with the affairs of such local or other authority or corporation ƒ[or society]; and(b) all service matters concerning a person 3[other than a person referred to in Cl. (b) of sub-section (1) of this section or a member, person or civilian referred to in Cl. (b) of sub-section (1) of Sec. 14-] appointed to any service or post in connection with the affairs of such local or other authority or corporation ƒ[or society] and pertaining to the service of such person in connection with such affairs.(4) For the removal of doubts it is hereby declared that the jurisdiction, powers and authority of the Administrative Tribunal for a State shall not extend to or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable.


SECTION 16: JURISDICTION, POWERS AND AUTHORITY OF A JOINT ADMINISTRATIVE TRIBUNALA Joint Administrative Tribunal for two or more States shall exercise all the jurisdiction, powers and authority exercisable by the Administrative Tribunal for such States. SECTION 17: POWER TO PUNISH FOR CONTEMPTA Tribunal shall have, and exercise the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Court Act, 1971 (70 of 1971), shall have effect subject to the modifications that-(a) the references therein to a High Court shall be construed as including a reference to such Tribunal;(b) the references to the Advocate-General in Sec. 15-of the said Act shall be construed,-(i) in relation of the Central Administrative Tribunal, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General; and(ii) in relation to an Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established. SECTION 18: DISTRIBUTION OF BUSINESS AMONGST THE BENCHES(1) Where2[any Benches of a Tribunal are constituted] the appropriate Government may from time to time, by notification, make provisions as to the distribution of business of the tribunal amongst the3[***] Benches and specify the matters which may be dealt with by each Bench.(2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench of a Tribunal, the decision of the Chairman thereon shall be final.Explanation.-For the removal of doubts, it is hereby declared that the expression "matters" includes applications under Sec. 19-. CHAPTER 04: PROCEDURE 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 purpose 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 ƒ[or society] owned or controlled by the Government; or(b) by an officer, committee or other body or a agency of the Government or a local or other authority or corporation4[or society] referred to in CL (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 30 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. SECTION 20: APPLICATION 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 purpose 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 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 Cl. (a) of sub- section (2) of Sec. 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 CI. (b) of sub-section (2) of Sec. 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 CI. (a), or, as the case may be, CI. (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 CI. (a) or CI. (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 has 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 and1 [after hearing such oral arguments as may be advanced.](3) A Tribunal shall have, for the purposes of2[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 Secs. 123-and124 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 witnesses 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. 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 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 corporation1 [or society], to which the provisions of sub-section (3) of Sec. 14-or sub-section (3) of Sec. 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.]


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 proceeding relating to an application unless-(a) copies of such application and 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 Cls. (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 ANOTHEROn 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. SECTION 26: DECISION TO BE BY MAJORITYIf 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.] SECTION 27: EXECUTION OF ORDERS OF A TRIBUNAL


Subject to the other provisions of this Act and the rules,3[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 Cl. (a) of sub-section (2) of Sec. 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. CHAPTER 05: MISCELLANEOUS SECTION 28: EXCLUSION OF JURISDICTION OF COURTS EXCEPT THE SUPREME COURT UNDER ART. 136 OF THE CONSTITUTIONOn and from the date from which any jurisdiction, power and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matter concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any -vice or post,4[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 requirement or such service matters. 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 whether on it is based is such that it would have been, if it has 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 Court2[* * *](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 corporation3[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 Court2[* * *] 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 corporation3[or society), means the date with effect from which the provisions of sub-section (3) of Sec. 14 or, as the case may be, sub-section (3) of Sec. 15 are applied to such local or other authority or corporation3[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 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 Sec. 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 Sec. 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.1[(6) Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunal (Amendment) Act, 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.] SECTION 29A: PROVISION FOR FILING OF CERTAIN APPEALSWhere 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 (or 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 Tribunal (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.] SECTION 30: PROCEEDINGS BEFORE A TRIBUNAL TO BE JUDICIAL PROCEEDINGSAll proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of Secs. 193-,219-and228 of the Indian Penal Code (45 of 1860)- SECTION 31: MEMBERS AND STAFF OF TRIBUNAL TO BE PUBLIC SERVANTSThe Chairman, Vice-Chairman and other members and the officers and other employees provided under Sec. 13-to a Tribunal shall be deemed to be public servants within the meaning of Sec. 21 of the Indian Penal Code (45 of 1860)- SECTION 32: PROTECTION OF ACTION TAKEN IN GOOD FAITHNo suit, prosecution or other legal proceeding shall lie against the "Central or State Government or against the Chairman, Vice-Chairman or other Member of any Central Joint or State Administrative Tribunal, or any person authorised by such Chairman, Vice-Chairman 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 there under. SECTION 33: ACT TO HAVE OVERRIDING EFFECTThe 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 SECTION 35: POWER OF THE CENTRAL GOVERNMENT TO MAKE RULES(1) The Central Government may, subject to the provisions of Sec. 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, namely,-(a) the case or cases which shall be decided by a Bench composed of more than1[two Members] under Cl. (d) of sub-section (4) of Sec. 5-;(b) the procedure under sub-section (3) of Sec. 9-for the investigation of misbehaviour or incapacity of Chairman, Vice-Chairman or other Member;(c) the salaries and allowances payable to, and the other terms and conditions of, the Chairman, Vice-Chairman and other Member;(d) the form in which an application may be made under Sec. 19-, the documents and other evidence by which such application shall be accompanied 2[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 subsection (1) of Sec. 22-and the additional matters in respect of which a Tribunal may exercise the powers of a Civil Court under Cl. (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. SECTION 36: POWER OF THE APPROPRIATE GOVERNMENT TO MAKE


RULESThe appropriate Government may, by notification, make rules to provide for all or any of the following matters namely-(a) the financial and administrative power which the Chairman of a Tribunal may exercise over the3[* * *] Benches of the Tribunal under Sec. 12-;(b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of Sec. 13-; and(c) any other matter not being a matter specified in Sec. 35-in respect of which rules are required to be made by the appropriate Government. SECTION 36A: POWER TO MAKE RULES RETROSPECTIVELYThe power to make rules under Cl. (c) of sub-section (2) of Sec. 35-or Cl. (b] ofSec. 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.] SECTION 37: LAYING OF RULES(1) Every rule made under this Act by the Central Government shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be: so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.(2) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

ADMINISTRATIVE TRIBUNALS (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR OR INCAPACITY OF

CHAIRMEN, VICE VICE-CHAIRMEN AND OTHER MEMBERS) RULES, 2000


G.S.R. 91(E).-In exercise of the powers conferred by sub-sec. (3) of Sec. 9 read with sub-sec. (1) and clause (b) of sub-sec. (2) of Sec. 35 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby makes the following rules, namely:- RULE 01: SHORT TITLE AND COMMENCEMENT(1)These rules may be called the Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of Chairmen, Vice-Chair- men and other Members) Rules, 2000.(2) They shall come into force on the date of their publication in the official Gazette. RULE 02: EXTENT OF APPLICATION-These rules shall be applicable to every Chairman, Vice-Chair- man, Administrative Member and Judicial Member of the Central Administrative Tribunal, Administrative Tribunals for States and Joint Administrative Tribunal for two or more States established under the Act. RULE 03: DEFINITIONS(1) In these rules, unless the context otherwise requires,-(a) "Act" means the Administrative Tribunals Act, 1985 (13 of 1985);(b) "Administrative Member" means a Member of the Central Administrative Tribunal, Administrative Tribunal for a State or, as the case may be, of a Joint Administrative Tribunal for two or more States established under the Act who is not a Judicial Member within the meaning of clause (i) of Sec. 3;(c) "Chairman" means a Chairman of a Tribunal and includes a Vice-Chairman authorised to act as the Chairman in accordance with Sec. 7;(d) "Committee" means the Committee referred to in sub-rule (2) of Rule 4;(e) "Judge" means a sitting Judge of the Supreme Court appointed by the President under sub-rule (2) of Rule 5 to conduct the inquiry;(f) "Judicial Member" means a Member of a Tribunal appointed as such under the Act, and includes the Chairman or a Vice-Chairman who possesses any of the qualifications specified in sub-sec. (3) of Sec. 6;(g) "Member" means a Member (whether Judicial or Administrative) of a Tribunal, and includes a Chairman and a Vice-Chairman;


(h) "section" means a section of the Act;(i) "Tribunal" means the Central Administrative Tribunal or a State Administrative Tribunal or a Joint Administrative Tribunal established under this Act;(j) "Vice-Chairman" means a Vice-Chairman of a Tribunal.(2) Words and expression used herein and not defined but defined in the Administrative Tribunals Act, 1985 (13 of 1985) shall have meaning respectively assigned to them in that Act. RULE 04: COMMITTEE FOR INVESTIGATION OF COMPLAINTS(1) If a written complaint, alleging any definite charges of misbehaviour or incapacity to perform the functions of the office in respect of a Member, is received by the Central Government, it shall make a preliminary scrutiny of such complaint.(2) If, on preliminary scrutiny, the Central Government considers it necessary to investigate into the allegation, it shall place the complaint together with supporting material as may be available, before a Committee consisting of the following officers to investigate the charges of allegations made in the complaint :- (i) Cabinet Secretary - Chairman; (ii) Secretary, Ministry of Personnel, Public Grievances and Pensions - Member; (iii) Secretary, Department of Legal Affairs, Ministry of Law, Justice- Member and Company Affairs(3) The Committee shall devise its own procedure and method of investigation which may include recording of evidence of the complainant and collection of material relevant to the inquiry which may be conducted by a Judge of the Supreme Court under these rules.(4) The Committee shall submit its findings to the President as early as possible within a period that may be specified by the President in this behalf. RULE 05: JUDGE TO CONDUCT INQUIRY(1) If the President is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehaviour or incapacity of a Member, he shall make a reference to the Chief Justice of India requesting him to nominate a Judge of the Supreme Court to conduct the inquiry.(2) The President shall, by order, appoint the Judge of the Supreme Court nominated by the Chief Justice of India for the purpose of conducting the inquiry,(3) Notice of appointment of a Judge under sub-rule (2) shall be given to the Member concerned.(4) The president shall forward to the Judge of a copy of-


(a) the articles of charges against the Member concerned and the statement of imputations;(b) the statement of witnesses, if any; and(c) material documents relevant to the inquiry.(5) The Judge appointed under sub-rule (2) shall complete the inquiry within such time or further time as may be specified by the president.(6) The Member concerned shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Judge.(7) Where it is alleged that the Member concerned is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Member of such Medical Board as may be appointed for the purpose by the President and the Member concerned shall submit himself to such medical examination within the time specified in this behalf by the Judge.(8) The Medical Board shall undertake such medical examination of the Member as may be considered necessary and submit a report to the Judge staling therein whether the incapacity is such as to render the Member unfit to continue in office.(9) If the Member refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge staling therein the examination which the Member has refused to undergo, and the Judge may, on receipt of such report, presume that the Member suffers from such physical or mental incapacity as is alleged in the Member.(10) The Judge may, after considering the written statement of the Member and the Medical Report, if any, amend the charges referred to in clause (a) of sub-rule (5) and in such a case, the Member shall be given a reasonable opportunity of presenting a fresh written statement of defence.(11)The Central Government shall appoint an officer of that Government or an advocate to present the case against the Member.(12) Where the Central Government has appointed an advocate to present its case before the Judge, the Member concerned shall also be allowed to present his case by an advocate chosen by him. RULE 06: APPLICATION OF THE DEPARTMENTAL INQUIRIES (ENFORCEMENT OF WITNESS AND PRODUCTION OF DOCUMENTS) ACT, 1972 TO INQUIRIES UNDER THESE RULESThe provisions of the Departmental Inquiries (Enforcement of Witness and Production of


Documents) Act, 1972 (18 of 1972), shall apply to the inquiries made under these rules as they apply to departmental inquiries. RULE 07: POWERS OF JUDGEThe Judge shall not be bound by the procedure to be laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate his own procedure including the fixing of places and times of his inquiry. RULE 08: SUSPENSION OF MEMBERNotwithstanding anything contained in Rule 4 and without any prejudice to any action being taken in accordance with the said rule, the President, keeping in view the gravity of charges may suspend the Member of the Tribunal against whom a complaint is under investigation or inquiry. RULE 09: SUBSISTENCE ALLOWANCEThe payment of subsistence allowance to a Member under suspension shall be regulated in accordance with the rules and orders for the time being applicable to a Secretary to the Government of India belonging to the Indian Administrative Service. RULE 10: INQUIRY REPORTAfter the conclusion of the investigation, the Judge shall submit his report to the President stating therein his findings and the reasons therefore on each of the articles of charges separately with such observations on the whole case as he thinks

CENTRAL ADMINISTRATIVE TRIBUNAL (CONTEMPT OF OURTS) RULES, 1992

In exercise of powers conferred bySec. 23 of the Contempt of Courts Act, 1971 (70 of 1971)read with Sec. 17 of the Administrative Tribunals Act, 1985 (Act 13 of 1985)and all other powers enabling it in this behalf and in supersession of all rules on the subject, the Central Administrative Tribunal hereby makes the following rules to regulate the proceedings under the said Act


RULE 01: SHORT TITLE AND COMMENCEMENT(i) These rules may be called Contempt of Courts (CAT) Rules, 1992.(ii) They shall come into force on the date of their publication in the Official Gazette. RULE 02: DEFINITIONSIn these rules unless there is anything repugnant to the subject or context:(a) "Act" means the Contempt of Courts Act, 1971 (Act 70 of 1971);(b) "Code" means the Code of Criminal Procedure;(c) "Form" means the form set out in the appendix to these rules :(d) "Member" means a Member, whether "Judicial" or "Administrative" and includes Vice- Chairman and Chairman ;(e) "Registrar" means Registrar of the Central Administrative Tribunal or its Benches where the contempt proceedings are taken and shall include Joint Registrar and Deputy Registrar, and the Section Officer authorised to discharge the functions of the Registrar :(f) "Section" means a section of the Act :(g) 'Tribunal" means the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985or the Bench thereof, where the proceedings are taken cognizance of :(h) words and expressions not defined in these rules shall have the same meaning as defined in the Act. RULE 3 FORM OF MOTIONEvery motion for initiating action for contempt of the Tribunal shall be in the form of a petition described as "Contempt Petition (Civil)" in respect of Civil Contempt and "Contempt Petition (Criminal)" in respect of Criminal Contempt. RULE 04: PARTIES TO THE PROCEEDINGSThe party who presents the petition shall be described as the "petitioner" and the alleged contemnor shall be described as the "Respondent".


RULE 05: CONTENTS OF THE PETITIONThe petition shall set out the following particulars :(a) Name (including as far as possible the name of the father/mother/husband, age) occupation and address of,-(i) the petitioner; and(ii) the respondent. If the alleged contemnor is an officer, he shall be described by name and designation.;(b) provision of the Act invoked and the nature of the contempt, "Civil or "Criminal":(c) the grounds and material facts constituting the alleged contempt including the date of alleged contempt, divided into paragraphs, numbered consecutively, along with supporting documents or certified/Photostat (attested) copies of the originals thereof ;(d] the nature of the order sought from the Tribunal :(e) if a petition has previously been made by him on the same facts, the details, particulars and the result thereof ;(f) the petition shall be supported by an affidavit verifying the facts relied upon except when the motion is by the Attorney-General or the Solicitor-General or the Additional Solicitor-General :(g) every petition shall be signed by the petitioner and his Advocate. if any, and shall show the place and date :(h) draft charges shall be enclosed in a separate sheet ;(i) in the case of "civil contempt" certified copy of the judgment, decree. order, writ or undertaking alleged to have been disobeyed shall be filed along with the petition :(j) where the petitioner relies upon any other document(s) in his pos- session, or power, he shall file them along with the petition :(i) in the case of "criminal contempt" of the Tribunal other than a contempt referred to in Sec. 14of the Act, the petitioner shall state whether he has obtained the consent of the Attorney-General or the Solicitor-General or the Additional Solicitor-General and if so produce the same, if not the reasons thereof ;(ii) the petitioner shall file three complete sets of the petition including the Annexure in paper-book form, duly indexed and paginated, where the number of respondents is more than one, equal number of extra paper-books shall be filed ;(iii) No fee shall be payable on a petition or any document filed in the proceedings. RULE 06: TAKING COGNIZANCEEvery proceeding for contempt shall be dealt with by a Bench of not less than two members:


Provided where the contempt is alleged to have been committed in view of, presence or hearing of the Member(s), the same shall be dealt with by the Member(s) in accordance with Sec. 14of the Act. RULE 07: INITIATION OF PROCEEDINGS(i) Every petition for "civil contempt" made in accordance with these rules shall be scrutinised by the Registrar, registered and numbered in the Registry and then placed before the Bench for preliminary hearing.(ii) Every petition for "criminal contempt" made in accordance with these rules and every information other than a petition, for initiating action for criminal contempt under the Act on being scrutinised by the Register (sic Registrar) shall first be placed on the administrative side before the Chairman in the case of the Principal Bench and the concerned Vice-Chairman in the case of other Benches or such other Member as may be designated by him for this purpose and he considers it expedient and proper to take action under the Act, the said petition or information shall be registered and numbered in the Registry and placed before the Bench for preliminary hearing.(iii) When suo motu action is taken, the statement of facts constituting the alleged contempt and copy of the draft charges shall be prepared and signed by the Registrar before placing them for preliminary hearing. RULE 08: PRELIMINARY HEARING AND NOTICE(i)The Bench if satisfied that a prima fade. case has been made out, may direct issue of notice to the respondent : otherwise, it shall dismiss the petition or drop the proceedings.(ii) The notice shall be in Form No. I and shall be accompanied by a copy of the petition or information and Annexure, if any, thereto.(iii) Service of notice shall be effected in the manner specified in the Central Administrative Tribunal (Procedure) Rules, 1987or in such other manner as may be directed by the Bench. RULE 09: COMPELLING ATTENDANCE(i) The Tribunal may, if it has reason to believe, that the respondent is absconding or is otherwise evading service of notice, or has failed to appear in person in pursuance of the notice, direct a warrant, bailable or non-bailable, for his arrest, addressed to one or more Police


Officers or may order attachment of property belonging to such person. The warrant and the writ of attachment shall be issued under the signature of the Registrar. The warrant shall be in Form No. 11 and shall be executed as far as may be, in the manner provided for execution of warrants under the Code.(ii) The warrant shall be executed by the Officer or Officers to whom it is directed and may also be executed by any other Police Officer whose name is endorsed upon the warrant by the Officer to whom it is directed or endorsed.(iii) Every person who is arrested and detained shall, if he cannot be produced before the Tribunal within twenty- four hours of arrest excluding the time necessary for the journey from the place of arrest to the Tribunal, be produced before the nearest Magistrate within the said period, who may authorise detention till such person is produced before the Tribunal.(iv) Every person who is arrested and detained when produced before the Tribunal, may be released on ball on a bond for such a sum of money as the Tribunal thinks sufficient with or without sureties, with the condition that the person so released shall attend the Tribunal at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the Tribunal : Provided that the Tribunal may, if it thinks fit, instead of taking bail from such person, release him on personal bond for his attendance. The provisions of the Code shall, so far as may be, apply to all arrests made and bonds executed under the Rules. RULE 10: APPEARANCE OF THE RESPONDENTUnless ordered otherwise by the Tribunal, whenever a notice is issued under these rules, the respondent shall appear in person in the case of "Criminal Contempt" and in person through an Advocate in the case of "Civil Contempt" at the time and place specified in the notice and continue to attend on subsequent dates to which the petition is posted. RULE 11: REPLY BY THE RESPONDENTThe respondent may file his reply duly supported by an affidavit on or before the first date of hearing or within such extended time as may be granted by the Tribunal. RULE 12: RIGHT TO BE DEFENDED BY AN ADVOCATEEvery person against whom proceedings are initiated under the Act, may as of right be defended by an advocate of his choice.


RULE 13: HEARING OF THE CASE AND TRIALUpon consideration of the reply filed by the respondent and after hearing the parties :(a) if the respondent has tendered an unconditional apology after admitting that he has committed the contempt, the Tribunal may proceed to pass such orders as it deems fit :(b) if the respondent does not admit that he has committed contempt, the Tribunal may,-(i) it is satisfied that there is a prima facie case, proceed to frame the charge in Form No. III, (subject to modification or addition by the Tribunal at any time) : or(ii) drop the proceedings and discharge the respondent, if it is satisfied that there is no prima facie case, or that It is not expedient to proceed :(c) the respondent shall be furnished with a copy of the charge framed, which shall be read over and explained to the respondent. The Tribunal shall then record his plea, if any:(d) if the respondent pleads guilty, the Tribunal may adjudge him guilty and proceed to pass such sentence as it deems fit :(e) If the respondent pleads not guilty, the case may be taken up for trial on the same day or posted to any subsequent date as may be directed by the Tribunal. RULE 14: ASSISTANCE IN THE CONDUCT OF PROCEEDINGSThe Attorney-General/Solicitor-General/Additional Solicitor-General, or any other Advocate as may be designated by the Tribunal shall appear and assist the Tribunal in the conduct of the proceedings against the respondent. RULE 15: PROCEDURE FOR TRIAL(i) Except as otherwise provided in the Act and these rules, the procedure prescribed for summary trials under Chapter XXI of the Code shall, as far as practicable, be followed in the trial of cases for contempt.(ii) The Tribunal may, at its discretion, direct that evidence be produced in the form of affidavits.(iii) The Tribunal may, either sue) motu or on motion made for that purpose, order the attendance for cross-examination of a person whose affidavit has been filed in the matter.(iv) The Tribunal may, at its discretion, direct any person to be examined as Tribunal witness.(v) The Tribunal may make such order as it deems fit for the purpose of securing the attendance


of any person to be examined as a witness and for discovery or production of any document. RULE 16: EXPENSES OF WITNESSES(i) Where any person is summoned by the Tribunal to appear as a witness in any proceedings under the Act the expenses of such witness as may be determined by the Tribunal shall be borne by the party who has cited him as a witness.(ii) Where the Tribunal summons any witness other than the witness cited by the parties, his expenses as determined by the Tribunal shall be paid by the Registrar from the funds for contingencies. RULE 17: EXECUTION OF SENTENCE(i) If the respondent is found guilty and is sentenced to imprisonment other than imprisonment till rising of the Tribunal, a warrant of commitment and detention shall be made out in Form No IV under the signature of the Registrar. Every such warrant shall remain in force until it is executed or cancelled by order of the Tribunal. The Superintendent of Jail specified in the order shall, in pursuance of the warrant, detain the contemner in custody for the period specified therein subject to such further direction as the Tribunal may give.(ii) When the Tribunal awards a sentence of fine and the fine amount is not paid at once or within such time as may be granted by the Tribunal, the Registrar shall take action in any one of the ways provided in Sec. 421 of the Code.(iii) Warrants to be issued under sub-rule (ii) shall be in Form Nos. V and VI, as the case may be.(iv) The report of the action taken by the Superintendent of the Jail or the Police Officer or District Collector to whom the warrant under sub-rule (iii) might have been addressed shall be filed in the records of the case. RULE 18: EXECUTION OF PROCESSESProcesses issued by the Tribunal shall, except as otherwise specifically provided, be executed by the Superintendent of the Police/Commissioner of Police, as the case may be. RULE 19: PROCEDURE ON FORFEITURE OF THE BOND


If any bond given for appearance of the respondent is forfeited due to his absence, the Tribunal may, after giving opportunity to the respondent or the surety, as the case may be, levy the whole or any part of the amount mentioned in the surety bond, as penalty and direct the same to be recovered as if it were a fine imposed on the respondent/surety under the Code. RULE 20: APOLOGY AT ANY STAGE OF THE PROCEEDINGS(i) If at any time during the pendency of the proceedings, the contemner tenders an apology, the same shall be placed expeditiously for orders of the Bench.(ii) If the Tribunal accepts the apology, further proceedings shall be dropped. RULE 21: COSTS(i) The Tribunal may award costs as it deems fit In the circumstances of the case.(ii) The costs so awarded shall be recovered in the same manner as a fine imposed under the Code. RULE 22: APPLICATION OF OTHER RULES OF THE TRIBUNALIn matters not specifically provided for in these rules, the procedure prescribed in the relevant rules of the Tribunal as amended from time ti time shall mutaits mutandis apply to proceedings under the rules. RULE 23: APPLICATION TO PENDING PROCEEDINGSThese rules shall as far as practicable apply to pending proceedings. FORM 01: NOTICE TO RESPONDENTIN THE CENTRAL ADMINISTRATIVE TRIBUNAL (Name of the Bench) Place Contempt Petition Civil/Criminal No-------------------------------------- Petitioner -------------------------------------- ------------------------ vs. Respondent -------------------------------------------------------------- (here mention the name and address of the person to whom notice is being sent). Whereas information is laid/a petition is filed/motion is made by -------------that you (here mention the gist of the accusation made in the


information/petition/motion)--------------- And whereas a petition has been registered for action being taken against you under the Contempt of Courts Act, 1971 ; You are hereby required to appear in person or through a duly authorised advocate *on-------day of-------at--------on subsequent dates to which the proceedings are adjourned, unless otherwise ordered by the Tribunal, and show cause why such action as is deemed fit under the Contempt of Courts Act, 1971, should not be taken against you. Given under may hand and the seal of this Tribunal, this-----day of -------19 -------Seal. Registrar Central Administrative Tribunal *Strike off whichever is not applicable. FORM 02: WARRANT OF ARRESTIN THE CENTRAL ADMINISTRATIVE TRIBUNAL (Name of the Bench)-------------------------- -------Place--------------- Contempt Petition Civil/Criminal No.------------------------------------ Petitioner :------------------------------------------------------------ vs. Respondent ----------------- -------------------------------------------- To ---------------- ---------------- ---------------- (Name, designation and address of the Officers(s) authorised to execute the warrant). Whereas Shri/Smt.... of is charged with committing contempt of the Tribunal, you are hereby directed to arrest the said....... and to produce him/her before this Tribunal. Herein fail not. (If the Tribunal has issued a bailable warrant, the following endorsement shall be made on the warrant). If the said ......shall give bail in the sum of Rs... with one surety in the sum of Rs......(or two sureties each in the sum of Rs....) to attend before this Tribunal on the .......day of 19 .... and to continue so to attend until otherwise directed by this Tribunal, he may be released. Given under my hand and the seal of the Tribunal this...... day of .....19 Seal. Registrar Central Administrative Tribunal FORM 03: CHARGEIN THE CENTRAL ADMINISTRATIVE TRIBUNAL (Name of the Bench)-------------------------- ------------ Place------------- Contempt Petition Civil/Criminal No,----------------------------------- ----- Petitioner :---------------------------------------------------------------- Vs. Respondents:------ ---------------------------------------------------------- central Administrative Tribunal------Bench hereby charges you----- (name of the alleged contemner) as under :- That you, on or about------day of----at--------(here give the gist of the material-------------allegedly constituting contempt) and thereby committed the contempt of this Tribunal punishable under Section------- (here give


the relevant section of the Contempt of Courts Act, 1971), within our cognizance. You are hereby directed to be tried by this Tribunal for the aforesaid charge. Signature of the Hon'ble member(s) The charge was read over and explained to the alleged contemner and his plea was recorded as under : (1) Do you plead guilty to the charge ? Answer :----------------------------- (2) Do you have anything else to say : Answer :---------------------------- Signature of the alleged contemner Signatures of the Hon'ble Member(s) presiding over the Bench

CENTRAL ADMINISTRATIVE TRIBUNAL (SALARIES AND ALLOWANCES AND CONDITIONS OF SERVICE OF

CHAIRMAN, VICE- CHAIRMAN AND MEMBERS) RULES, 1985

G.S.R. 644 (E), dated ..........-In exercise of the powers conferred by Cl. (c) of sub-section (2) of Sec. 35 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby makes the following rules, namely: RULE 01: SHORT TITLE AND COMMENCEMENT(1) These rules may be called the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairman and Members) Rules, 1985.(2) They shall come into force on the date of their publication in the official Gazette. RULE 02: DEFINITIONSIn these rule unless the context otherwise requires:(a) "Act" means the Administrative Tribunals Act, 1985 (13 of 1985);(b) "Tribunal" means the Central Administrative Tribunal. RULE 03: PAY4-- The Chairman shall be entitled to a pay of rupees thirty thousand per mensem, a Vice-Chairman shall be entitled to a pay of rupees twenty six thousand per mensern and a Member shall be entitled to a pay in the scale of Rs. 22,400-600-26000 per mensem : Provided that in the case of appointment as a Chairman, a Vice-Chairman or a Member a person who has retired as a judge of High Court or who has retired from service under the Central Government or a State Government and who is in receipt of or has received or has become entitled to receive any


retirement benefits by way of pension or gratuity or employer's contribution to the Contributory Provident Fund or other forms of retirement benefits, the pay shall be reduced by the gross amount of pension or pension equivalent to gratuity of employer's contribution to the Contributory Fund or any other form of retirement benefits, if any, but excluding pension equivalent to retirement gratuity, drawn or to be drawn by him."] RULE 04: DEARNESS ALLOWANCES5- The Chairman, a Vice-Chairman and a Member shall, be entitled to dearness allowance appropriate to their pay at the rates admissible to Group 'A' Officers of the Central Government drawing a pay in the scale of Rs. 22,400-600-26,000 or above RULE 04A: CITY COMPENSATORY ALLOWANCE6-The Chairman, a Vice-Chairman and a Member shall be entitled to City Compensatory Allowance appropriate to their pay at the rates admissible to Group 'A' officers of the Central Government drawing a pay in the scale of Rs. 22,400-600-26,000 or above, RULE 05: RETIREMENT FROM PARENT SERVICE ON APPOINTMENT AS MEMBERS(1) The Chairman, Vice-Chairman or a Member who, on the date of his appointment to the Tribunal, was in service under the Central Government or a State Government, shall seek retirement from such service before his appointment to the Tribunal and in the case of a sitting Judge of a High Court who is appointed as Chairman, a Vice-Chairman, his service in the Tribunal shall be treated as actual service within the meaning of para. 11 (b) (1) of Part "D" of theSecond Schedule to the Constitution,(2) On such retirement as is provided for in sub-rule (1), the Chairman, Vice- Chairman and Member:(i) shall be entitled to receive pension and gratuity in accordance with the retirement rules applicable to him;(ii) shall not be allowed to carry forward his earned leave but shall be entitled to receive cash equivalent to leave salary, if any, in accordance with the rules applicable to him prior to his retirement.


RULE 06: LEAVE(1) A person, on appointment in the Tribunal as a Chairman, Vice-Chairman or a Member shall be entitled to leave as follows:(i) earned leave at the rate of fifteen days for every completed calendar year of service7[* * * *](ii) half pay leave on medical certificate or on private affairs at the rate of twenty day in respect of each completed year of service and the leave salary for half pay leave shall be equivalent to half of the leave salary admissible during the earned leave;(iii) leave on half pay can be commuted to full pay leave at the discretion of the Member, provided it is taken on medical grounds and is supported by a medical certificate from the competent medical authority:(iv) extraordinary leave without pay and allowances upto a maximum period of one hundred eighty days in one term of office.(2) If the Chairman, a Vice-Chairman or a Member is unable to enjoy full vacation on account of his occupation with the Tribunal, he shall be entitled to add the unenjoyed period of vacation to the leave account.(3) On the expiry of his term of office in the Tribunal, the Chairman, the Vice-Chairman or a Member shall be entitled to receive cash equivalent of leave salary in respect of the earned leave standing to his credit provided that the quantum of leave encashed under this sub-rule and sub rule (2) of rule 5 shall not exceed89["300"]days.(4) The Chairman, the Vice-Chairman or other Members shall be entitled to receive the dearness allowances as admissible on the leave salary under sub-rule (2) at the rates in force on the date of the relinquishment of the office in the Tribunal Provided that he shall not be entitled for the city compensatory allowance or any other allowance on such leave. RULE 07: LEAVE SANCTIONING AUTHORITYThe Chairman shall be the authority competent to sanction leave to the Vice-Chairman and a Member and the President shall be the authority competent to sanction leave to the Chairman. RULE 08: PENSION(1) Every person appointed to the Tribunal as the Chairman, a Vice-Chairman or a Member shall be entitled to pension provided that no such pension shall be payable :


(i) if he has put in less than two years of service : or(ii) if he has been removed from an office In the Tribunal under sub- section (2) of Sec. 9 of the Act.10[(2) Pension under sub-rule (1) shall be calculated at the rate of rupees one thousand four hundred and fifty per annum for each completed year of service: Provided that the aggregate amount of pension payable under this rule together with the amount of any pension including commuted portion of pension, if any, drawn or entitled to be drawn while holding office in the Tribunal, shall not exceed the maximum amount of pension prescribed for a judge of the High Court.] RULE 09: PROVIDENT FUNDThe Chairman, a Vice-Chairman or Member shall be entitled to subscribe to the General Provident Fund at his option and In case of his so opting shall be governed by the provisions of the Central Provident Fund (Central Services) Rules : Provided that if the Chairman, a Vice-Chairman or a Member was Judge of a High Court or was a member of an All-India Service Immediately before his joining the Tribunal, he shall be governed by the rules which were applicable to him immediately before joining the Tribunal. RULE 10: TRAVELLING ALLOWANCES-The Chairman, a Vice-Chairman, or other Member while on tour as on transfer (including the journey undertaken to join the Tribunal or on the expiry of his term with the Tribunal to proceed to his home town) shall be entitled to the travelling allowances, daily allowance, transportation of personal effects and other similar matters at the same scales and at the same rates as are prescribed in the High Court Judges (Travelling Allowances) Rules. 1956. RULE 11: LEAVE LEVEL CONCESSION12- The Chairman, a Vice-Chairman and a Member shall be entitled to leave travel concession at the same rates and at the same scales and on the same conditions as are admissible to a Group 'A' officer of the Central Government drawing a pay in the scale of Rs. 22,400-600-26,000 or above."Explanatory note.- With a view to implement the recommendations of the Fifth Pay Commission regarding Central Government employees scale of pay, leave, leave travelling


concession and other allowances admissible to them, the Central Government took decisions for different retrospective effective dates. In respect of pay and other allowances etc. admissible to the Chairman, Vice- Chairman and Members of the Central Administrative Tribunal, Central Government decided to allow the revision of pay and allowances at the same rates, at the same scales and on the same conditions as are admissible to the Central Government employees. Therefore, the amendments in the rules are to be given a retrospective effect. By giving this retrospective effect to the provisions of the rules, no Chairman, Vice-Chairman or a Member is likely to be affected adversely.] RULE 12: ACCOMMODATION(1) Every person appointed to the Tribunal as a Chairman, a Vice-Chairman or a Member shall be entitled to the use of an official residence from the general pool accommodation of the type admissible to an officer of the rank of a Secretary to the Government of India stationed at Delhi on the payment of the licence fee at the rates prescribed by the Central Government from time to time.(2) When a Chairman, a Vice-Chairman or a Member Is not provided with or does not avail himself of the general pool accommodation referred to in sub-rule (1) he may be paid every month an allowance of an amount equal to fifteen per cent. of his pay.(3) Where the Chairman, a Vice-Chairman or a Member occupies an official residence beyond the permissible period he shall be liable to pay additional licence fee or penal rent, as the case may be, and liable to eviction in accordance with the rules applicable to Secretary to the Government of India belonging to the Indian Administrative Service. RULE 13: FACILITIES OF CONVEYANCEThe Chairman, Vice-Chairman and a Member shall be entitled to facility of staff car for Journeys for official and private purposes in accordance with the Staff Car Rules of the Government of India. RULE 14: FACILITIES FOR MEDICAL TREATMENTThe Chairman, Vice-Chairman or other Member shall be entitled to medical treatment and hospital facilities as provided in the Contributory Health Service Scheme Rules, 1954, and in places where the Central Health Services Scheme is not in operation, the Chairman, Vice-


Chairman and Members shall be entitled to the facilities as provided in the Central Services Medical Attendance Rules. RULE 15: CONDITIONS OF SERVICE OF SITTING JUDGES OF THE HIGH COURT APPOINTED AS CHAIRMAN OR VICE CHAIRMANNotwithstanding anything contained in these rules where a sitting Judge of a High Court is appointed as the Chairman or a Vice-Chairman of the Tribunal the service conditions as contained in the High Court Judges (Conditions of Service) Act, 1954, and the rules made thereunder shall apply to him. RULE 15A:Notwithstanding anything contained in rules 4 to 15 of the said Rules, the conditions of service and other perquisites available to the Chairman and Vice-Chairman of the Central Administrative Tribunal shall be the same as admissible to a serving Judge of a High Court as contained in the High Court Judge (Conditions of Service) Act, 1954 and High Court Judges (Travelling Allowances) Rules, 1956. RULE 16: RESIDUARY PROVISION-The conditions of service of the Chairman, Vice- Chairman or other Members for which no express provision is available in these rules shall be determined by the rules and orders for the time being applicable to a Secretary to the Government of India belonging to the Indian Administrative Service. RULE 17: POWERS TO RELAX RULES-The Central Government shall have powers to relax the provisions of any of these rules in respect of any class or categories of persons.

MAHARASHTRA ADMINISTRATIVE TRIBUNAL (PROCEDURE) RULES, 1988

G.S.R. 485 (E).- In exercise of the powers conferred by sub-section (1) read with CIs. (d), (e)


and (f) of sub-section (2) of Sec. 35 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby makes the following rules, namely:- RULE 01: SHORT TITLE AND COMMENCEMENT(1) These rules may be called the Maharashtra Administrative Tribunal (Procedure) Rules, 1988.(2) They shall come into force on the date of its publication in the Official Gazette. RULE 02: DEFINITIONS- In these rules, unless the context otherwise requires,-(a) "Act" means the Administrative Tribunals Act, 1985 (13 of 1985) ;(b) "agent" means a person duly authorised by a party to present an application or a written reply on its behalf before the Tribunal ;(c) "applicant" means a person making an application to the Tribunal underSec. 19;(d) "form" means a Form specified in Appendix A ;(e) "Government" means the Government of Maharashtra ;(f) "legal practitioner" shall have the same meaning as is assigned to it in the Advocates Act, 1961 (25 of 1961) ;(g) "legal representative" means a person who in law represents the estate of the deceased;(h) "Registrar" means in relation to the Tribunal the Registrar appointed to the Principal Bench and in relation to each of the other Benches of the Tribunal shall mean the Registrar appointed to the particular Bench and include any officer to whom the powers and functions of the Registrar may be delegated under CIs. (2) and (3) ofrule 29;(i) "Registry" means the Registry of the Tribunal or of the Bench of the Tribunal as the case may be ;(j) "section" means a section of the Act ;(k) "transferred application" means the suit or other proceeding, which has been transferred to the Tribunal under sub-section (1) or sub-section (2) ofSec. 29;(1) "Tribunal" means the Maharashtra Administrative Tribunal established under sub-section (2) of Sec. 4of the Act ;(m) the words and expressions used and not defined in these rules but defined in the Act shall have the same meanings respectively assigned to them in the Act.


RULE 03: LANGUAGE OF THE TRIBUNALThe language of the Tribunal shall be English: Provided that, the parties to a proceeding before the Tribunal may file documents drawn up in Marathi, if they so desire ; Provided further that,(a) a Bench may, in its discretion, permit the use of Marathi in the proceedings.However, the final order shall be in English ;(b) the Bench, hearing the matter, may in its discretion, direct English translation of pleadings and documents to be filled. RULE 04: PROCEDURE FOR FILING APPLICATION(1)An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorised legal practitioner to the Registrar or any other officer authorised in writing by the Registrar to receive the same or be sent by registered post with acknowledgement due addressed to the Registrar of the Bench concerned.(2) The application under sub-rule (1) shall be presented in triplicate in a paper- book form alongwith one unused file size envelope bearing full address of the respondent.(3) Where the number of respondents is more than one, as many extra copies of the application in paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall be furnished by the applicant: Provided that, where the number of respondents is more than five, the Registrar may permit the applicant to file the extra copies of the application at the time of issues of notice to the respondents.(4) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the Officer receiving the application on behalf of the Registrar in acknowledgement of the receipt of the application.(5) Notwithstanding anything contained in sub-rules (1) to (3), the Tribunal may permit-(a) more than one person to join together and file a single application if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter.(b) Such permission may also be granted to an association representing the persons desirous of joining in a single application provided, however, that the application shall disclose the class/grade/categories of the persons on whose behalf it has been filed. RULE 05: PRESENTATION AND SCRUTINY OF APPLICATIONS


(1) The Registrar, or the other officer authorised by him underrule 4, shall endorse on every application the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement.(2) If, on scrutiny, the application is found to be in order, it shall be duly registered and given a serial number.(3) If the application, "on scrutiny" is found to be defective and the defect noticed is formal in nature, the Registrar may allow the party to rectify the same in his presence and if the said defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit.(4) If the applicant fails to rectify the defect within the time allowed under sub- rule (3), the Registrar may, by order and for reasons to be recorded in writing, decline to register the application and inform the applicant accordingly.(5) An appeal against the order passed under sub-rule (4) may be preferred by the person aggrieved within fifteen days from the date of such order to the Chairman in the case of Principal Beanch and to the Vice-Chairman concerned, in the case of any other Bench and such appeal may be dealt with and disposed of in Chamber by the Chairman or the Vice-Chairman concerned or in their absence, any Member authorised by the Chairman by special or general order, whose decision thereon shall be Final. RULE 06: PLACE OF FILING APPLICATIONSThe application shall ordinarily be Filed by the applicant with the Registrar of the Bench within whose jurisdiction-(i) the applicant is posted for the time being, or(ii) the cause of action has arisen, or(iii) the respondent or any of the respondents against whom relief is sought, ordinarily resides:Provided that the application may be Filed with the Registrar of the Principal Bench and subject to Sec. 25of the Act, such application may be transmitted to be heard and disposed of by the Bench which has jurisdiction over the matter. RULE 07: APPLICATION FEEEvery application filed with the Registrar shall be accompanied by a fee of rupees fifty to be remitted either in the form of cross demand draft on a nationalised bank in favour of the Registrar of the concerned Bench and payable at the main branch of that bank at the station where the seat of the said Bench is situate, or remitted through a Crossed Indian Postal Order


drawn in favour of the Registrar of the concerned Bench and payable at the post office of the station where the said Bench is situate :Provided that where the Tribunal permits a single application to be filed, either by more than one person or by an Association, the fee payable shall be rupees fifty; Provided further that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on the ground of indigence, it may exempt such an applicant from the payment of fee. RULE 08: CONTENTS OF APPLICATION(1) Every application Filed under rule 4shall set forth concisely under distinct heads, the grounds for such application. Such grounds shall be numbered consecutively. Every application, including any miscellaneous application, shall be typed in double space on one side on thick paper of good quality.(2) It shall not be necessary to present a separate application to seek an interim order or direction if in the original application the same is prayed for.(3) An applicant may, subsequent to the filing of an application under Sec. 19apply for an interim order or direction. Such an application shall, so far as possible, be in Form III. RULE 09: DOCUMENTS TO ACCOMPANY THE APPLICATION(1) Every application shall be accompanied by a paper-book containing:-(i) an attested true copy of the order against which the application is filed;(ii) copies of the documents relied upon by the applicant and referred to in the application;(iii) an index of the documents.(2) The documents referred to in sub-rule (1) may be attested by a legal practitioner or by a gazetted officer and each documents shall be marked serially as Annexure Al, A2, A3 and so on.(3) Where an application is filed by an agent, documents authorising him to act as such agent shall also be appended to the application : Provided that where an application is filed by a legal practitioner, it shall be accompanied by a duly executed vakalatnama. RULE 10: PLURAL REMEDIESAn application, shall be based upon a single cause of action and may seek one or more relief provided that they are consequential to one another.


RULE 11: SERVICE OF NOTICES AND PROCESS ISSUED BY THE TRIBUNALS(1) Any notice or process to be issued by the Tribunal may be served by any of the following modes directed by the Tribunal :(i) service by the party himself;(ii) by hand delivery (dasti) through a process server ;(iii) by registered post with acknowledgement due; or(iv) through the head of the department concerned by any one of the above modes.(2) Where notice issued by the Tribunal is served by the party himself by hand delivery (Dasti), he shall file with the Registry the acknowledgement together with an affidavit of service.(3) Notwithstanding anything contained in sub-rule (1), the Tribunal may, taking into account the number of respondents and their places of residence or work and other circumstances, direct that notice of the application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears to the Tribunal just and convenient.(4) Notwithstanding anything done under sub-rule (1), the Tribunal may in its discretion, having regard to the nature and urgency of the case, direct the service of the notice on the standing Counsels appointed as such by the Government or any Department of the Government.(5) Every notice issued by the Tribunal shall, unless otherwise ordered, be accompanied by a copy of the application, along with the paper-book.(6) Every applicant shall pay a fee for the service or execution of processes, in respect of an application where the number of respondents exceeds five, as under:(i) a sum of rupees five for each respondent in excess of five respondents; or(ii) where the service is in such a manner as the Tribunal may direct under sub-rule (3), such a sum not exceeding the actual charges incurred in effecting the service, as may be determined by the Tribunal.(7) The fee for the service or execution of processes under sub-rule (3) shall be remitted in the manner prescribed in rule 7within one week of the date of the order determining the fee or within such extended time as the Registrar may permit.(8) Notwithstanding anything contained in sub-rules (1) to (4), if the Tribunal is satisfied that it is not reasonably practicable to serve notice of application upon all the respondents, it may, for reasons to be recorded in writing, direct that the application shall be heard notwithstanding that some of the respondents have not been served with notice of the applicationProvided that, no application shall be heard unless ;(i) notice of the application has been served on the Central Government or the State


Government, if such Government is a respondent;(ii) notice of the application has been served on the authority which passed the order against which the application has been filed ; and(iii) the Tribunal is satisfied that the interests of the respondents on whom notice of the application has not been served are adequately and sufficiently represented by the respondents on whom notice of the application has been served. RULE 12: FILING OF REPLY AND OTHER DOCUMENTS BY THE RESPONDENTS(1) Each respondent intending to contest the application, shall file in triplicate the reply to the application and the documents relied upon in paper-book form with the Registry within one month of the service of notice of the application on him.(2) In the reply filed under sub-rule (1) the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and may also state such additional facts as may be found necessary for the just decision of the case. It shall be signed and verified as a written statement by the respondent or any other person duly authorised by him in writing in the same manner as provided for in Order VI, rule 15 of the Code of Civil Procedure, 1903 (5 of 1903).(3) The documents referred to in sub-rule (2) shall also be filed along with the reply and the same shall be marked as Rl, R2, R3 and so on.(4) The respondent shall also serve a copy of the reply alongwith documents as mentioned in sub-rule (1) on the applicant or his legal practitioner, if any, and file proof of such service in the Registry.(5) The Tribunal may allow filing of the reply after the expiry of the prescribed period. RULE 13: DATE AND PLACE OF HEARING TO BE NOTIFIEDThe tribunal shall notify to the parties the date and place of hearing of the application in such manner as the Chairman may, by general or special order, direct. RULE 14: SITTINGS OF THE TRIBUNALThe Tribunal shall ordinarily held its sittings at New Bombay, Nagpur and Aurangabad : Provided that if at any time, the Chairman of the Tribunal is satisfied that circumstances exist


which render it necessary to have sittings of the said Bench at any place falling within its territorial jurisdiction, other than the place or places at which it ordinarily sits, the Chairman may direct that the Bench shall held its sittings at any such appropriate place for such period as may be specified. RULE 15: CALENDAR OF CASES(1) Each Bench shall draw up a calendar for the hearing of transferred cases and, as far as possible, hear and decide the cases according to the calendar.(2) Every- application shall be heard and decided, as far possible within six months from the date of its registration.(3) The Tribunal shall have the power to decline an adjournment and also to limit the time for oral arguments. RULE 16: ACTION ON APPLICATION FOR APPLICANT'S DEFAULT(1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear when the application is called for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.(2) Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance when the application was called for hearing, the Tribunal shall make an order setting aside the order dismissing the application and restore the same: Provided, however, where the case was disposed of on merits the decision shall not be responded except by way of review. RULE 17: EX PARTE HEARING AND DISPOSAL OF APPLICATION(1) Where on the date fixed for hearing the application or on any other date to which such hearing, may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing the Tribunal may, in its discretion adjourn the hearing or hear and decide the application ex parte.(2) Where an application has been heard ex parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such


respondent or respondents satisfy the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing when the application was called for hearing the Tribunal may make an order setting aside the ex parte hearing as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the application :Provided that where the ex parte hearing of the application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also:Provided further that in cases covered by sub-rule (8) of the rule 11, the Tribunal shall not set aside ex parte hearing of an application merely on the ground that it was not served upon a respondent or respondents. RULE 18: REVIEW APPLICATION TO BE TILED WITHIN THIRTY DAYSNo application for review shall be entertained unless it is filed within thirty days from the date of the order of which the review is sought. RULE 19: SUBSTITUTION OF LEGAL REPRESENTATIVES(1) In the case of death of a party during the pendency of the proceedings before the Tribunal, the legal representatives of the deceased party may apply within thirty days of the date of such death for being brought on record as necessary parties.(2) Where no application is received from the legal representatives within the period specified in sub-rule (1), the proceedings against the deceased party shall abate: Provided that on good and sufficient reasons the Tribunal, on an application, may set aside the order of abatement and substitute the legal representatives. RULE 20: ADJOURNMENT OF HEARING.The Tribunal may if sufficient cause is shown at any stage of proceedings grant time to the parties or any of them and adjourn the hearing of the application. The Tribunal may make such order as it thinks fit with respect to the costs occasioned by the adjournment. RULE 21: ORDER TO BE SIGNED AND DATED


(i) Every order of the Tribunal shall be in writing and shall be signed by the Member or Members constituting the Bench, which pronounced the order.(ii) The order shall be pronounced in open court. RULE 22: PUBLICATION OF ORDERSAny order of the Tribunal deemed fit for publication in any authoritative report or the press may be released for such publication on such terms and conditions as the Chairman or the Vice-Chairman concerned may specify by general or special order. RULE 23: COMMUNICATION OF ORDERS TO PARTIES(1) Every interim order granting or refusing or modifying interim relief and final order passed on any application shall be communicated to the applicant and to the respondent concerned either by hand delivery or by registered post free of cost.(2) If the applicant or the respondent to any proceeding requires a copy of any document or proceeding the same shall be supplied to him on such terms and conditions on payment of such fees as may be fixed by the Chairman by general or special order. RULE 24: INSPECTION OF THE RECORDS(1) The parties to any case or their Counsel may be allowed to inspect the records of the case on making an application in writing to the Registrar.(2) Subject to such terms and conditions as may be specified by the Chairman by a general or special order, a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing. RULE 25: ORDERS AND DIRECTIONS IN CERTAIN CASESThe Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice. RULE 26: REGISTRATION OF LEGAL PRACTITIONER'S CLERKS(1) No clerk employed by a legal practitioner shall act as such in the Tribunal or be permitted to


have access to the records and obtain copies of the orders of the Bench of the Tribunal in which the legal practitioner ordinarily practices unless his name is entered in the Register of clerks maintained by the said Bench. Such clerk shall be known as a "Registered Clerk".(2) A legal practitioner desirous of registering his clerk shall make an application to the Registrar in form IV. On such application being allowed by the Registrar, his name shall be entered in the Register of Clerks,(3) After registration of the clerk, the Registrar shall direct the issue of an identity card to him which shall be non-transferable and shall be produced by the holder upon request by an officer or other employees of the Tribunal authorised in his behalf. The identity card shall be issued under the signature of the Deputy Registrar of the Bench concerned.(4) A Register of all the clerks registered under sub-rule (2) shall be maintained in the office of the Registrar of each Bench.(5) A legal practitioner shall have at a time not more than two registered clerks unless the Registrar by general or special order otherwise permits.(6) Whenever a legal practitioner ceases to employ a registered clerk, he shall notify the fact at once to the Registrar by means of a letter enclosing therewith the identity card issued to his clerk by the registry, and on receipt of such letter the name of the said registered clerk shall be struck off from the Register. RULE 27: WORKING HOURS OF THE TRIBUNALThe working days and hours of the Bench of the Tribunal at New Bombay and of the Benches at Nagpur and Aurangabad shall be the same as in the case of the office of the Government at the respective places, but no work unless of an urgent nature, shall be admitted after 3.30 p.m. on any working day. RULE 28: SITTING HOURS OF THE TRIBUNALThe sitting hours of the Tribunal (including a vacation Bench) shall ordinarily be from 1030 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Chairman or by Vice-Chairman concerned with the prior approval, of the Chairman. RULE 29: POWERS AND FUNCTIONS OF THE REGISTRAR(1) The Registrar shall have the custody of the records of the Tribunal and shall perform such


other functions as are assigned to him under these rules or as may be assigned by the Chairman or the Vice- Chairman of the Bench concerned by separate order.(2) The Registrar may with the approval of the Chairman or of the Vice- Chairman of the Bench concerned, delegate to the Deputy Registrar any function or power required by these rules to be performed or exercised by the Registrar.(3) In the absence of the Registrar, the Deputy Registrar may exercise all the powers and perform all the functions of the Registrar.(4) The official seal shall be kept in the custody of the Registrar.(5) Subject to any general or special direction by the Chairman, the seal of the Tribunal shall not be affixed to any order, summons or other process save under the authority in writing of the Registrar or the Deputy Registrar.(6) The seal of the Tribunal shall not be affixed to any certified copy issued by the Tribunal save under the authority in writing of the Registrar or the Deputy Registrar. RULE 30: ADDITIONAL POWERS AND DUTIES OF REGISTRARIn addition to the powers conferred elsewhere in these rules, the Registrar shall have the following powers and duties subject to any general or special order of the Chairman or the Vice-Chairman of the Bench concerned, namely:(i) to receive all applications and other documents including transferred applications;(ii) to decide all questions arising out of the scrutiny of the applications before they are registered ;(iii) to require any application presented to the Tribunal to be amended in accordance with the Act and the rules ;(iv) subject to the directions of the respective Benches to fix the date of first hearing of the applications or other proceedings and issue notices thereof;(v) to direct any formal amendment of records ;(vi) to order grant of copies of documents to parties to the proceedings ;(vii) to grant leave to inspect the records of the Tribunal ;(viii) to dispose of all matters relating to the service of notices or other processes, applications for the issue of fresh notices and for extending the time for Filing such applications and to grant time not exceeding 15 days for filing a reply or rejoinder, if any, and to place the matter before theBench for appropriate orders after the expiry of the aforesaid period;(ix) to requisition records from the custody of any court or other authority ;


(x) to receive applications within thirty days from the date of death for substitution of legal representatives of the deceased parties during the pendency of the application ;(xi) to receive and dispose of applications for substitution, except where the substitution would involve setting aside an order of abatement ;(xii) to receive and dispose of applications by parties for return of documents. RULE 31: ADDITIONAL POWERS OF THE REGISTRAR OF THE PRINCIPAL BENCHThe Registrar of Principal Bench shall have the power to call for information and records and to inspect or cause to be inspected the Registry of the other Benches under General or special orders as may be issued by the Chairman from time to time. RULE 32: SEAL AND EMBLEMThe official seal and emblem of the Tribunal shall be such as the Government may specify. RULE 33: DRESS OF THE MEMBERS AND STAFF OF TRIBUNALThe dress for the Members of the Tribunal (including Chairman and Vice-Chairman) and Members of the Staff of the Tribunal shall be such as the Chairman may specify. RULE 34: DRESS OF THE PARTIESA legal Practitioner or, as the case may be, a presenting officer shall appear before the Tribunal in his professional dress, if any, and if there is no such dress-(i) if a male, in a closed collared coat and trousers or in a lounge, suit;(ii) if a female, in a saree or any other customary dress of a sober colour. APPENDIX 01: APPENDIX A FORM 04: FORM IV[See rule 26(2)] Application for the Registration of a Clerk 1. Name of legal practitioner on whose behalf the clerk is to be registered. 2. Particulars of the clerk to be registered. (i) Full


Name: (in capital) Attested passport size photograph to be pasted. (ii) Father's Name: (iii) Age and Date of Birth : (iv) Place of birth: (v) Nationality: (vi) Educational Qualifications: (vii) Particulars of previous employment, if any: I, - (Clerk above named) do hereby affirm that the particulars relating to me given above are true. Signature of clerk 3. Whether the legal practitioner has a clerk already registered in his employ and whether the clerk sought to be registered in lieu of or in addition to the clerk already registered. 4. Whether the clerk sought to be registered is already registered as a clerk of any other legal practitioner and if so, the name of such practitioner. I, - (legal practitioner) certify that the particulars given above are true to the best of my information and belief and that I am not aware of any fact which would render unsuitable the registration of the said - (name) as a clerk. Further, I enclose Postal Order for two rupees Fifty paise being the cost of Identity Card alongwith 2 passport size photographs of the applicant duly attested by me. Signature of the legal practitioner Date: To The Registrar, Maharashtra Administrative Tribunal, - Bench

CENTRAL ADMINISTRATIVE TRIBUNAL (GRANT OF CERTIFIED COPIES) REGULATIONS, 1988

REGULATION 01:These regulations may be called Central Administrative Tribunal (Grant of Certified Copies) Regulations) 1988.(i) These regulations extend to all the Benches of the Central Administrative Tribunal.(ii) They shall come into force w.e.f. 15th May, 1988. REGULATION 02: COPY TO BE GRANTED TO PERSON ENTITLEDA copy of judicial record, pertaining to the Central Administrative Tribunal, may be granted in the manner prescribed by these regulations, to any person, legally entitled to receive it. REGULATION 03: PARTY ENTITLED TO COPY OF ORDERS(i) A party to an 'application' is entitled to obtain, free of cost, a copy of an interim order granting, refusing or modifying interim relief and a copy of Final order of the Tribunal.(ii) Party entitled to copy of record/document.—A party to an 'application' is entitled to obtain, at any stage of the proceedings, copy of the record/ document filed before the Tribunal, on payment of fee of one rupee per page, irrespective of the number of words or lines on that page.


REGULATION 04: GRANT OF COPY OF DOCUMENT TO A STRANGERA stranger to an application may be granted on payment of the fee as a laid down in these rules a copy of (a) an application (b) reply (c) affidavit (d) document produced by the parties (e) adjournment applications or other application filed by parties (f) judgments or orders passed by the Tribunal, provided he shows to the satisfaction of the Registrar or the Deputy Registrar in charge that he has sufficient reason for obtaining such a copy. REGULATION 05: EXTRA FEE FOR URGENT COPYOn an application for 'urgent copy' i.e. copy to take precedence over other copying work, a uniform extra fee of rupee one per page shall be charged. REGULATION 06: MODE OF PAYMENT OF COPYING FEE(i) All applications for the grant of certified copies whether by parties or by strangers shall be accompanied with a non-refundable fee of rupees five in the form of a postal order.(ii) Where the fee chargeable for the grant of certified copies whether in the case of ordinary or urgent copy, is more than rupees five, the balance amount shall be deposited by the applicant in case with the cashier between 10.30 A.M. to 4.30 P.M. before the actual delivery of the copy. REGULATION 07: TIME OF DELIVERY OF COPY(i) Urgent copy shall be delivered to the applicant as far as possible within three days and ordinary copy within ten days from the date of submission of an application.(ii)An application shall be treated as effective only if initial deposit of rupees five is made.(iii) If the applicant does not claim the copy on the date mentioned above or within six months thereafter, the copy so prepared may be destroy- ed and the copying fee deposited by the applicant, shall be forfeited to the Government. REGULATION 08: CREDIT OF COPYING FEECopying fee shall be credited to the Government Account.


REGULATION 09: CONTENTS OF APPLICATIONEvery application for supply of a copy shall contain the following particulars, namely:-(a) Number of the application/case.(b) Names of the parties.(c) Whether the case is pending or disposed of.(d) The name of document of which copy is required.(e) In the case of a copy of an order, whether for private or general use.(f) The name and full postal address of the applicant.(g) Postal order No. and the amount. REGULATION 10: ENDORSEMENT TO BE MADE ON THE COPY BEFORE DELIVERYEvery copy, before its delivery to the concerned applicant, shall be stamped indicating therein:(a) Serial number of the 'Application'.(b) Name of the applicant.(c) Date of presentation of application for copy.(d) Number of pages.(e) Copying fee charged/urgent or ordinary.(f) Date of preparation of copy.(g) Date of delivery of the copy to the applicant. REGULATION 11:All copies supplied by the Registry of the Benches of the Tribunal shall be certified to be true copies by the Officer In charge of the copying Branch or the Officer so authorised by the Registrar on that behalf and shall also bear the seal of the Tribunal. The Officer In charge of the copying Branch or the Officer so authorised shall also initial every alteration on the copy. REGULATION 12:A register of applications for certified copies shall be maintained in the form as given at Annexure