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Union of India - Section

Section 3 in The Administrative Tribunals Act, 1985

3. Subsequent to the promulgation of the Ordinance, a few doubts were expressed in respect of some of the provisions of the Act and the Ordinance. It is, therefore, proposed to include in the Bill a few clarificatory amendments, to make certain provisions included in the Ordinance retrospective from the date of establishment of the Central Administrative and Tribunal, and to validates certain actions taken by the said Tribunal. The amendments included in the Bill have been explained in the memorandum attached to the Bill.

4. The Bill seeks to replace the aforesaid Ordinance and to include therein the aforesaid amendments. - Gaz. of India, 10-3-1986, Pt. II, Section 2, Ext., p. 10 (No. 9).IIIAct 51 of 1987.- The Administrative Tribunals Act, 1985 was passed by both Houses of Parliament in January, 1985 and received the assent of the President on 27th February, 1985. In pursuance of the provisions of the Act, the Central Administrative Tribunal, with the Principal Bench at Delhi and Benches at. New Bombay, Calcutta, Madras and Allahabad was established on 1-11-1985. Subsequently, Benches of the Tribunal had been set-up at Jabalpur, Jodhpur, Cuttack, Ahmedabad, Bangalore, Patna, Chandigarh, Guwahati and Hyderabad.2.The constitutional validity of the Administrative Tribunals Act was challenged in the Supreme Court as well as in different High Courts. The Supreme Court, while disposing of the writ petitions, made certain directions for amending the Administrative Tribunals Act. It is necessary to make certain amendments to the Act in the light of the directions of the Supreme Court.3. It is accordingly proposed to make, inter alia, the following amendments to the Act, namely :(1) It is proposed to exclude from the jurisdiction of an Administrative Tribunal the powers to adjudicate disputes with respect to officers and employees of the subordinate courts and to make a provision for transfer of cases pending in Administrative Tribunals to the Courts concerned.(2) The appointment of the chairman, Vice Chairman and Members of the Administrative Tribunals will be made consultation with, the Chief Justice of India. The Act, at present provides for consultation with the Chief Justice of India only in respect of Judicial Members.
(3)The Chairman, Vice-Chairman and other Members of the Administrative Tribunals are being made eligible for re-appointment for a second term of office.(4) It is proposed to empower the Central Government and the appropriate Government to frame rules relating to salary and allowances and conditions of service of Chairman and other Members of a Tribunal and their officers and employees retrospectively wherever necessary. The immediate necessity for this has arisen due to revision of salary and allowances of the High Court Judges as well as the Central Government employees.4. The Bill seeks to achieve the aforesaid objects. - Gazette of India, 4-12-1987, Pt. 11. Section 2, Ext., p. 3 (No. 59).[27th February, 1985]An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of [any corporation or society owned or controlled by the Government in pursuance of Article 323-A of the Constitution] [Substituted by Act 19 of 1986, Section 2, for " any corporation owned or controlled by the Government" (w.r.e.f. 22.1.1986). ] and for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-
Received the assent of the President on 27.2.1985 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 27.2.1985.The provisions of this Act in so far as they relate to the Central Administrative Tribunal, came into force on 1.7.1985 vide G.S.R. 527(E), dated 1.7.1985.The provisions of this Act in so far as they relate to the State Administrative Tribunal, for Andhra Pradesh have come into force on 1.11.1989 vide G.S.R. 921(E), dated 25.10.1989 and for Arunachal Pradesh have come into force on 3.8.1989 vide G.S.R. 738(E), dated 3.8.1989 and for Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra and Orissa have come into force on p. 68, 1.1.1986 vide G.S.R. 956(E), dated 31.12.1985, and for the State of Bihar have come into force on 22.10.1991 vide S.O. 715(E), dated 22.10.1991.