THE ADMINISTRATIVE TRIBUNALS ACT, 1985
ACT NO. 13 OF 1985
[27th February, 1985.]
An Act to provide for the adjudication or trial by Administrative
Tribunals of disputes and complaints with respect to recruitment and
conditions of service of persons appointed to public services and
of any local or other authority within the territory of India or under
the control of the Government of India or of 1*[any corporation or
society owned or controlled by the Government in pursuance of article
323A of the Constitution] and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year of the
Republic of India as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be
called the Administrative Tribunals Act, 1985.
(2) It extends,--
(a) in so far as it relates to the Central Administrative
Tribunal, to the whole of India;
(b) in so far as it relates to Administrative Tribunals for
States, to the whole of India, except the State of Jammu and
Kashmir.
(3) The provisions of this Act, in so far as they relate to the
Central Administrative Tribunal, shall come into force on such date 2*
as the Central Government may, by notification, appoint.
(4) The provisions of this Act, in so far as they relate to an
Administrative Tribunal for a State, shall come into force in a State
on such date2* as the Central Government may, by notification,
appoint.
2.
Act not to apply to certain persons.
2. Act not to apply to certain persons. The provisions of this
Act shall not apply to--
(a) any member of the naval, military or air forces or of
any other armed forces of the Union;
3* * * * *
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*
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Date of State Notification No.
Commencement and Date
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1.1.1985 Gujarat G.S.R. 956(E), 31.12.1985
1.1.1985 Himachal Pradesh G.S.R. 956(E), 31.12.1985
1.1.1985 Karnataka G.S.R. 956(E), 31.12.1985
1.1.1985 Maharashtra G.S.R. 956(E), 31.12.1985
1.1.1985 Madhya Pradesh G.S.R. 956(E), 31.12.1985
1.1.1985 Orissa G.S.R. 956(E), 31.12.1985
5.12.1986 Tamil Nadu G.S.R. 1254(E), 5.12.1986
3.8.1989 Arunachal Pradesh G.S.R. 638(E), 3.8.1989
1.11.1989 Andhra Pradesh G.S.R. 921(E), 25.10.1989.
22.10.1991 Bihar S.D. 715(E), 22.10.1991.
1. Subs. by Act 19 of 1986, S. 2 (w.e.f. 22-1-1986).
2. 1-7-1985 : Vide Notification No. G.S.R. 527(E), dated 1-7-1985.
3. Omitted by Act 19 of 1986 S. 3 (w.e.f. 1-11-1985).
47
(c) any officer or servant of the Supreme Court or of any
High Court 1*[or courts subordinate there to];
(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.
3.
Definitions.
3. Definitions. In this Act, unless the context otherwise
requires,--
2*[(a) "Administrative Member" means a Member of a Tribunal
who is not a Judicial Member within the meaning of clause (i);]
3*[(aa)] "Administrative Tribunal", in relation to a State,
means the Administrative Tribunal for the State or, as the case
may be, the Joint Administrative Tribunal for that State and any
other State or States;
(b) "application" means an application made under section
19;
(c) "appointed day", in relation to a Tribunal, means the
date 4* with effect from which it is established, by
notification, under section 4;
(d) "appropriate Government" means,--
(i) in relation to the Central Administrative Tribunal
or a Joint Administrative Tribunal, the Central Government;
(ii) in relation to a State Administrative Tribunal,
the State Government;
(e) "Bench" means a Bench of a Tribunal;
(f) "Central Administrative Tribunal" means the
Administrative Tribunal established under sub-section (1) of
section 4;
(g) "Chairman" means the Chairman of a Tribunal;
(h) "Joint Administrative Tribunal" means an Administrative
Tribunal for two or more States established under sub-section (3)
of section 4;
5*[(i) "Judicial Member" means a Member of a 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 section 6;
(ia) "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;
(l) "prescribed" means prescribed by rules made under this
Act;
(m) "President" means the President of India;
6* * * * *
(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
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1. Ins. by Act 51 of 1987, S. 2.
2. Subs. by Act 19 of 1986 s. 4 (w.e.f. 22.1.1986).
3. Relettered by s. 4, ibid. (w.e.f. 22.1.1986).
4. 1.11.1985 : Vide Notification No. G.S.R. 764(E), dated 28.9.1985.
5. Subs. by s. 4, ibid. (w.e.f. 22.1.1986).
6. Omitted by s. 4, ibid. (w.e.f. 22.1.1986).
48
of India, or, as the case may be, of any corporation 1*[or
society] owned or controlled by the Government, as respects--
(i) remuneration (including allowances), pension and
other retirement benefits;
(ii) tenure including confirmation, seniority,
promotion, reversion, premature retirement and
superannuation;
(iii) leave of any kind;
(iv) 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, orders or
other instruments or arrangements as in force for the time being
with respect to redressal, otherwise than under this Act, of any
grievances in relation to such matters;
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 the Vice-Chairman of a Tribunal.
Explanation.--In the case of a Tribunal having two or more
Vice-Chairman, references to the Vice-Chairman in this Act shall
be construed as a reference to each of those Vice-Chairmen.
CHAP
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
CHAPTER II
ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
4.
Establishment of Administrative Tribunals.
4. 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 the.......(name
of the State) Administrative Tribunal to exercise the jurisdiction,
powers and authority conferred on the Administrative Tribunal for the
State by or under this Act.
(3) Two or more States may, notwithstanding anything contained in
sub-section (2) and notwithstanding that any or all of those States
has or have Tribunals established under that sub-section, enter into
an agreement that the same Administrative Tribunal shall be the
Administrative Tribunal for each of the States participating in the
agreement, and if the agreement is approved by the Central Government
and published in the Gazette of India and the Official Gazette of each
of those States, the Central Government may, by notification,
establish a Joint Administrative Tribunal to exercise the
jurisdiction, powers and authority conferred on the Administrative
Tribunals for those States by or under this Act.
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1. Ins. by Act 19 of 1986, S. 4 (w.e.f. 22-1-1986).
49
(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 section 5, the
Central Government may,--
(a) with the concurrence of any State Government, designate,
by notification, all or any of the Members of the Bench or
Benches of the State Administrative Tribunal established for that
State under sub-section (2) as Members of the Bench or Benches of
the Central Administrative Tribunal in respect of that State and
the same shall exercise the jurisdiction, powers and authority
conferred on the Central Administrative Tribunal by or under this
Act;
(b) on receipt of a request in this behalf from any State
Government, designate, by notification, all or any of the Members
of the Bench or Benches of the Central Administrative Tribunal
functioning in that State as the Members of the Bench or Benches
of the State Administrative Tribunal for that State and the same
shall exercise the jurisdiction, powers and authority conferred
on the Administrative Tribunal for that State by or under this
Act, and upon such designation, the Bench or Benches of the State
Administrative Tribunal or, as the case may be, the Bench or
Benches of the Central Administrative Tribunal shall be deemed,
in all respects, to be the Central Administrative Tribunal, or
the State Administrative Tribunal for that State established
under the provisions of article 323A of the Constitution and this
Act.
(6) Every notification under sub-section (5) shall also provide
for the apportionment between the State concerned and the Central
Government of the expenditure in connection with the Members common to
the Central Administrative Tribunal and the State Administrative
Tribunal and such other incidental and consequential provisions not
inconsistent with this Act as may be deemed necessary or expedient.]
5.
Composition of Tribunals and Benches thereof.
5. Composition of Tribunals and Benches thereof. (1) Each
Tribunal shall consist of a Chairman and such number of Vice-Chairman
2*[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.
2*[(2) Subject to the other provisions of this Act, a Bench shall
consist of one Judicial Member and one Administrative Member.]
3* * * * *
(4) Notwithstanding anything contained in sub-section (1), 3***
the Chairman--
2*[(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;
2*['(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 questions involved,
requires or require, in his opinion or under the rules made by
the Central Government in this behalf, to be decided by a Bench
composed of more than 2*[two members], issue such general or
special orders, as he may deem fit.
1*[Provided that every Bench constituted in pursuance of
this clause shall include at least one Judicial Member and one
Administrative Member.]
3* * * * *
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1. Ins. by Act 19 of 1986, s. 5 (w.e.f 22-1-1986).
2. Subs. by s. 6, ibid. (w.e.f 1-11-1985).
3. Omitted by s. 6, ibid. (w.e.f. 1.11.1985).
50
(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 1*[a Bench] consisting of a single Member and exercise the
jurisdiction, powers and authority of the Tribunal in respect of such
classes of cases or such matters pertaining to such classes of cases
as the Chairman may by general or special order specify:
Provided that if at any stage of the hearing of any such case or
matter it appears to the Chairman or such Member that the case or
matter is of such a nature that it ought to be heard by a Bench
consisting of 1*[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.
2*(7) Subject to the other provisions of this Act, the Benches of
the Central Administrative Tribunal shall ordinarily sit at New Delhi
(which shall be known as the principal Bench), Allahabad, Calcutta,
Madras, New Bombay and at such other places as the Central Government
may, by notification, specify.
(8) Subject to the other provisions of this Act, the places at
which the principal Bench and other Benches of a State Administrative
Tribunal shall ordinarily sit shall be such as the State Government
may, by notification, specify.".
6.
Qualifications for appointment as Chairman, Vice-Chairman or otherMember.
6. Qualifications for appointment as Chairman, Vice-Chairman or
other Member. (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, 3***
3* * * * *
(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; or
5*[(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 as 2*[a Judicial member or an Administrative Member]
2*[(3) A person shall not be qualified for appointment as a
Judicial Member unless he--
(a) is, or has been, or is qualified to be, a Judge of a
High Court; or
(b) has been a member of the Indian Legal Service and has
held a post in Grade I of that Service for at least three years.
(3A) A person shall not be qualified for appointment as an
Administrative Member unless he--
(a) has, for at least two years, held the post of an
Additional Secretary to the Government of India or any other post
under the Central or a State Government carrying a scale of pay
which is not less than that of an Additional Secretary to the
Government of India; or
(b) has, for at least three years, held the post of a Joint
Secretary to the Government of India or any other post under the
Central or a State Government carrying a scale of pay which is
not less than that of a Joint Secretary to the Government of
India, and shall, in either case, have adequate administrative
experience.];
(4) 2*['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.
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1. Subs. by Act 19 of 1986, S. 6 (w.e.f. 1.11.1985).
2. Subs, by Act 51 of 1987, S.3.
3. Omitted by s. 3, ibid.
4. Subs. by s. 3, ibid.
5. Ins. by Act 19 of 1986, s. 7 (w.e.f. 22.1.1986).
51
(5) 1*[Subject to the provisions of sub-section (7), the
Chairman], Vice-Chairman and every other Member of an Administrative
Tribunal for a State shall be appointed by the President after
consultation with the Governor of the concerned State.
(6) The Chairman, Vice-Chairman and every other Member of a Joint
Administrative Tribunal shall, subject to the terms of the agreement
between the participating State Governments published under sub-
section (3) of section 4, 2*[and subject to the provisions of sub-
section (7)] be appointed by the President after consultation with the
Governors of the concerned States.
3*[(7) No appointment of a person possessing the qualifications
specified in this section as the Chairman, a Vice-Chairman or a Member
shall be made except after consultation with the Chief Justice of
India].
Explanation.--In computing, for the purposes of this section, the
period during which a person has held any post under the Central or a
State Government, there shall be included the period during which he
has held any other post under the Central or a State Government
(including an office under this Act carrying the same scale of pay as
that of the first mentioned post or a higher scale of pay.
7.
Vice-Chairman to act as Chairman or to discharge his functions incertain
circumstances.
7. Vice-Chairman to act as Chairman or to discharge his functions
in certain circumstances. (1) In the event of the occurrance of any
vacancy in the office of the Chairman by reason of his death,
resignation or otherwise, the Vice-Chairman or, as the case may be,
such one of the Vice-Chairman 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.
8.
Term of office.
4*[8. Term of office. The Chairman, Vice-Chairman or other
Member shall hold office as such for a term of five years from the
date on which he enters upon his office, but shall be eligible for re-
appointment for another term of five years:
Provided that no Chairman, Vice-Chairman or other Member shall
hold office as such after he has attained,--
(a) in the case of the Chairman or Vice-Chairman, the age of
sixty-five years, and
(b) in the case of any other Member, the age of sixty-two
years.].
9.
Resignation and removal.
9. Resignation and removal. (1) The Chairman, Vice-Chairman or
other Member 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 of those charges.
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1. Subs. by Act 19 of 1986, S. 7 (w.e.f. 22.1.1986).
2. Ins. by s. 7, ibid. (w.e.f. 22.1.1986).
3. Subs. by Act 51 of 1987, S. 3.
4. Subs. by S. 4, ibid.
52
(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 sub-section (2).
10.
Salaries and allowances and other terms and conditions of service ofChairman,
Vice-Chairman and other Members.
10. Salaries and allowances and other terms and conditions of
service of Chairman, Vice-Chairman and other Members. The salaries and
allowances payable to, and the other terms and conditions of service
(including pension, gratuity and other retirement benefits) of, the
Chairman, 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.
11.
Provision as to the holding of offices by Chairman, etc., on ceasingto be
such Chairman, etc.
11. Provision as to the holding of offices by Chairman, etc., on
ceasing to be such Chairman, etc. On ceasing to hold office,--
(a) the Chairman of the Central Administrative Tribunal shall be
ineligible for further employment either under the Government of India
or under the Government of a State;
(b) the Chairman of a State Administrative Tribunal or a Joint
Administrative Tribunal shall, subject to the other provisions of this
Act, be eligible for appointment as the Chairman 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 provisions of this Act, be eligible for
appointment as the Chairman of that Tribunal or as the Chairman or
Vice-Chairman of any State Administrative Tribunal or Joint
Administrative Tribunal, but not for any other employment either under
the Government of India or under the Government of a State;
(d) the Vice-Chairman of a State Administrative Tribunal or a
Joint Administrative Tribunal shall, subject to the other provisions
of this Act, be eligible for appointment as the Chairman of that
Tribunal or as the Chairman or Vice-Chairman of the Central
Administrative Tribunal or of any other State Administrative Tribunal
or Joint Administrative Tribunal, but not for any other employment
either under the Government of India or under the Government of a
State;
(e) a Member (other than the Chairman or Vice-Chairman) of any
Tribunal shall, subject to the other provisions of this Act, be
eligible for 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.
53
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.
12.
Financial and administrative powers of the Chairman.
12. Financial and administrative powers of the Chairman. The
Chairman shall exercise such financial and administrative powers over
the 2*** 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 to
3*[the Vice-Chairman or any officer of the Tribunal, subject to the
condition 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.
13.
Staff of the Tribunal.
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 fit.
4*[(1A) 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.
CHAP
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS
CHAPTER III
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS
14.
Jurisdiction, powers and authority of the Central AdministrativeTribunal.
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 clause (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 clause (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 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
6*[or society] owned or controlled by the Government;
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1. Ins. by Act 19 of 1986, S. 8 (w.e.f. 22.1.1986).
2. Omitted by S. 9, ibid. (w.e.f. 22.1.1986).
3. Subs. by s. 9, ibid. (w.e.f. 22.1.1986).
4. Ins. by S. 10, ibid. (w.e.f. 22.1.1986).
5. Omitted by s. 11, ibid. (w.e.f. 22.1.1986).
6. Ins. by s. 11. ibid. (w.e.f. 22.1.1986).
54
(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 clause (b), being a person whose services have been
placed by a State Government or any local or other authority or
any corporation 1*[or society] or other body, at the disposal of
the Central Government for such appointment.
2*[Explanation.--For the removal of doubts, it is hereby declared
that references to "Union" in this sub-section shall be construed as
including references also to a Union territory.]
(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 1*[or societies] owned or controlled by Government,
not being a local or other authority or corporation 1*[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 1*[or societies].
(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 1*[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 1*[or society]; and
(b) all service matters concerning a person [other than a
person referred to in clause (a) or clause (b) of sub-section
(1)] appointed to any service or post in connection with the
affairs of such local or other authority or corporation 1*[or
society] and pertaining to the service of such person in
connection with such affairs.
15.
Jurisdiction, powers and authority of State Administrative Tribunals.
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
4*** 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 clause (c) of this sub-section or a member,
person or civilian referred to in clause (b) of sub-section (1)
of section 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 owned 5*[or society] 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 clause (b), being a person
whose service have
---------------------------------------------------------------------
1. Ins. by Act 19 of 1986, S. 11 (w.e.f. 22.1.1986).
2. Ins. by S. 11 ibid (w.e.f. 1.11.1985).
3. Omitted by S. 11, ibid. (w.e.f. 22.1.1986).
4. Omitted by S. 12, ibid. (w.e.f. 22.1.1986).
5. Ins. by S. 12, ibid. (w.e.f. 22.1.1986).
55
been placed by any such local or other authority or corporation
1*[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
1*[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
corporations 1*[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 2*[or society],
all the jurisdiction, powers and authority exercisable immediately
before that date by all courts (except the Supreme Court 2*** 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 1*[or society]; and
(b) all service matters concerning a person [other than a
person referred to in clause (b) of sub-section (1) of this
section or a member, person or civilian referred to in clause (b)
of sub-section (1) of section 14] appointed to any service or
post in connection with the affairs of such local or other
authority or corporation 1*[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.
16.
Jurisdiction, powers and authority of a Joint Administrative Tribunal.
16. Jurisdiction, powers and authority of a Joint Administrative
Tribunal. A Joint Administrative Tribunal for two or more States shall
exercise all the jurisdiction, powers and authority exercisable by the
Administrative Tribunals for such States.
17.
Power to punish for contempt.
17. Power to punish for contempt. A 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 Courts Act, 1971, (70 of
1971.) shall have effect subject to the modifications that--
(a) the reference therein to a High Court shall be construed
as including a reference to such Tribunal;
---------------------------------------------------------------------
1. Ins. by Act 19 of 1986, S. 12 (w.e.f. 22.1.1986).
2. Omitted s. 12, ibid. (w.e.f. 22.1.1986).
56
(b) the references to the Advocate-General in section 15 of
the said Act shall be construed,--
(i) in relation to 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.
18.
Distribution of business amongst the Benches.
18. Distribution of business amongst the Benches. (1) Where
1*[any Benches of a Tribunal are constituted], the appropriate
Government may, from time to time, by notification, make provisions as
to the distribution of the business of the Tribunal amongst the 2***
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 section 19.
CHAP
PROCEDURE
CHAPTER IV
PROCEDURE
19.
Applications to tribunals.
19. Applications to tribunals. (1) Subject to the other
provisions of this Act, a person aggrieved by any order pertaining to
any matter within the jurisdiction of a Tribunal may make an
application to the Tribunal for the redressal of his grievance.
Explanation.--For the purposes of this sub-section, "order" means
an order made--
(a) by the Government or a local or other authority within
the territory of India or under the control of the Government of
India on by any corporation 3*[or society] owned or controlled by
the Government; or
(b) by an officer, committee or other body or agency of the
Government or a local or other authority or corporation 3*[or
society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form
and be accompanied by such documents or other evidence and by such fee
(if any, not exceeding one hundred rupees) 4*[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.]
4*[(3) On receipt of an application under sub-section (1), the
Tribunal shall, if satisfied after such inquiry as it may deem
necessary, that the application is a fit case for adjudication or
trial by it, admit such application; but where the Tribunal is not so
satisfied, it may summarily reject the application after recording its
reasons.]
(4) Where an application has been admitted by a Tribunal under
sub-section (3), every proceeding under the relevant service rules as
to redressal of grievances in relation to the subject-matter of such
application pending immediately before such admission shall abate and
save
---------------------------------------------------------------------
1. Subs. by Act 19 of 1986, S. 13 (w.e.f. 22.1.1986).
2. Omitted by S. 13, (w.e.f. 22.1.1986).
3. Ins. by S. 14, ibid. (w.e.f. 22.1.1986).
4. Subs. by S. 14, ibid. (w.e.f. 22.1.1986).
57
as otherwise directed by the Tribunal, no appeal or representation in
relation to such matter shall thereafter be entertained under such
rules.
20.
Applications not to be admitted unless other remedies exhausted.
20. Applications not to be admitted unless other remedies
exhausted. (1) A Tribunal shall not ordinarily admit an application
unless it is satisfied that the applicant had availed of all the
remedies available to him under the relevant service rules as to
redressal of grievances.
(2) For the purposes of sub-section (1), a person shall be deemed
to have availed of all the remedies available to him under the
relevant service rules as to redressal of grievances,--
(a) if a final order has been made by the Government or
other authority or officer or other person competent to pass such
order under such rules, rejecting any appeal preferred or
representation made by such person in connection with the
grievance; or
(b) where no final order has been made by the Government or
other authority or officer or other person competent to pass such
order with regard to the appeal preferred or representation made
by such person, if a period of six months from the date on which
such appeal was preferred or representation was made has expired.
(3) For the purposes of sub-sections (1) and (2), any remedy
available to an applicant by way of submission of a memorial to the
President or to the Governor of a State or to any other functionary
shall not be deemed to be of one of the remedies which are available
unless the applicant had elected to submit such memorial.
21.
Limitation.
21. Limitation. (1) A Tribunal shall not admit an application,--
(a) in a case where a final order such as is mentioned in
clause (a) of sub-section (2) of section 20 has been made in
connection with the grievance unless the application is made,
within one year from the date on which such final order has been
made;
(b) in a case where an appeal or representation such as is
mentioned in clause (b) of sub-section (2) of section 20 has been
made and a period of six months had expired thereafter without
such final order having been made, within one year from the date
of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where-
-
(a) the grievance in respect of which an application is made
had arisen by reason of any order made at any time during the
period of three years immediately preceding the date on which the
jurisdiction, powers and authority of the Tribunal becomes
exercisable under this Act in respect of the matter to which such
order relates; and
(b) no proceedings for the redressal of such grievance had
been commenced before the said date before any High Court, the
application shall be entertained by the Tribunal if it is made
within the period referred to in clause (a), or, as the case may
be, clause (b), of sub-section (1) or within a period of six
months from the said date, whichever period expires later.
(3) Notwithstanding anything contained in sub-section (1) or sub-
section (2), an application may be admitted after the period of one
year specified in clause (a) or clause (b) of sub-section (1) or, as
the case
58
may be, the period of six months specified in sub-section (2), if the
applicant satisfies the Tribunal that he had sufficient cause for not
making the application within such period.
22.
Procedure and powers of Tribunals.
22. Procedure and powers of Tribunals. (1) A Tribunal shall not
be bound by the procedure laid down in the Code of Civil Procedure,
1908, (5 of 1908.) but shall be guided by the principles of natural
justice and subject to the other provisions of this Act and of any
rules made by the Central Government, the Tribunal shall have power to
regulate its own procedure including the fixing of places and times of
its inquiry and deciding whether to sit in public or in private.
(2) A Tribunal shall decide every application made to it as
expeditiously as possible and ordinarily every application shall be
decided on a perusal of documents and written representations and
1*[after hearing such oral arguments as may be advanced"].
(3) A Tribunal shall have, for the purposes of 1*[discharging its
functions under this Act], the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908, (5 of 1908.) while
trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the
Indian Evidence Act, 1872, (1 of 1872.) requisitioning any public
record or document or copy of such record or document from any
office;
(e) issuing commissions for the examination of witness or
documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it
ex parte;
(h) setting aside any order of dismissal of any
representation for default or any order passed by it ex parte;
and
(i) any other matter which may be prescribed by the Central
Government.
23.
Right of applicant to take assistance of legal practitioner and
ofGovernment, etc., to appoint presenting officers.
23. Right of applicant to take assistance of legal practitioner
and of Government, etc., to appoint presenting officers. (1) A person
making an application to a Tribunal under this Act may either appear
in person or take the assistance of a legal practitioner of his choice
to present his case before the Tribunal.
(2) The Central Government or a State Government or a local or
other authority or corporation 2*[or society], to which the provisions
of sub-section (3) of section 14 or sub-section (3) of section 15
apply, 3*[may authorise one or more legal practitioners or any of its
officers to act as presenting officers and every person so authorised
by it may present its case with respect to any application before a
Tribunal"]
---------------------------------------------------------------------
1. Subs. by Act 19 of 1986, S. 15 (w.e.f. 22.1.1986).
2. Ins. by S. 16, ibid. (w.e.f. 22.1.1986).
3. Subs. by S. 16, ibid. (w.e.f. 22.1.1986).
59
24.
Conditions as to making of interim orders.
24. Conditions as to making of interim orders. Notwithstanding
anything contained in any other provisions of this Act or in any other
law for the time being in force, no interim order (whether by way of
injunction or stay or in any other manner) shall be made on, or in any
proceedings relating to, an application unless--
(a) copies of such application and of all documents in
support of the plea for such interim order are furnished to the
party against whom such application is made or proposed to be
made; and
(b) opportunity is given to such party to be heard in the
matter:
Provided that a Tribunal may dispense with the requirements of
clauses (a) and (b) and make an interim order as an exceptional
measure if it is satisfied, for reasons to be recorded in writing,
that it is necessary so to do for preventing any loss being caused to
the applicant which cannot be adequately compensated in money but any
such interim order shall, if it is not sooner vacated, cease to have
effect on the expiry of a period of fourteen days from the date on
which it is made unless the said requirements have been complied with
before the expiry of that period and the Tribunal has continued the
operation of the interim order.
25.
Power of Chairman to transfer cases from one Bench to another.
1*[25. Power of Chairman to transfer cases from one Bench to
another. On the application of any of the parties and after notice to
the parties, and after hearing such of them as he may desire to be
heard, or on his own motion without such notice, the Chairman may
transfer any case pending before one Bench, for disposal, to any other
Bench.
26.
Decision to be by majority.
26. Decision to be by majority. If the Members of a Bench differ
in opinion on any point, the point shall be decided according to the
opinion of the majority, if there is a majority, but if the Members
are equally divided, they shall state the point or points on which
they differ, and make a reference to the Chairman who shall either
hear the point or points himself or refer the case for hearing on such
point or points by one or more of the other Members of the Tribunal
and such point or points shall be decided according to the opinion of
the majority of the Members of the Tribunal who have heard the case,
including those who first heard it."]
27.
Execution of orders of a Tribunal.
27. Execution of orders of a Tribunal. Subject to the other
provisions of this Act and the rules, 2*[the order of a Tribunal
finally disposing of an application or an appeal shall be final and
shall not be called in question in any court (including a High Court)
and such order"] shall be executed in the same manner in which any
final order of the nature referred to in clause (a) of sub-section (2)
of section 20 (whether or not such final order had actually been made)
in respect of the grievance to which the application relates would
have been executed.
---------------------------------------------------------------------
1. Subs. by Act 19 of 1986, S. 17 (w.e.f. 22.1.1986).
2. Subs. by S. 18, ibid. (w.e.f. 22.1.1986).
60
CHAP
MISCELLANEOUS
CHAPTER V
MISCELLANEOUS
28.
Exclusion of jurisdiction of courts except the Supreme Court underarticle
136 of the Constitution.
28. Exclusion of jurisdiction of courts except the Supreme Court
under article 136 of the Constitution. On and from the date from which
any jurisdiction, powers and authority becomes exercisable under this
Act by a Tribunal in relation to recruitment and matters concerning
recruitment to any Service or post or service matters concerning
members of any Service or persons appointed to any Service or post, or
be entitled to exercise any jurisdiction, powers or authority in
relation to such recruitment or matters concerning such recruitment or
such service matters.
1*[no court except--
(a) the Supreme Court; or
(b) any Industrial Tribunal, Labour Court or other authority
constituted under the Industrial Disputes Act, 1947 or any other
corresponding law for the time being in force, shall have"].
29.
Transfer of pending cases.
29. Transfer of pending cases. (1) Every suit or other proceeding
pending before any court or other authority immediately before the
date of establishment of a Tribunal under this Act, being a suit or
proceeding the cause of action whereon it is based is such that it
would have been, if it had arisen after such establishment, within the
jurisdiction of such Tribunal, shall stand transferred on that date to
such Tribunal:
Provided that nothing in this sub-section shall apply to any
appeal pending as aforesaid before a High Court 2***
(2) Every suit or other proceeding pending before a court or
other authority immediately before the date with effect from which
jurisdiction is conferred on a Tribunal in relation to any local or
other authority or corporation 3*[ or society], being a suit or
proceeding the cause of action whereon it is based is such that it
would have been, if it had arisen after the said date, within the
jurisdiction of such Tribunal, shall stand transferred on that date to
such Tribunal:
Provided that nothing in this sub-section shall apply to any
appeal pending as aforesaid before a High Court 2***
Explanation.--For the purposes of this sub-section "date with
effect from which jurisdiction is conferred on a Tribunal", in
relation to any local or other authority or corporation 2*[or
society], means the date with effect from which the provisions of sub-
section (3) of section 14 or, as the case may be, sub-section (3) of
section 15 are applied to such local or other authority or corporation
2*[or society].
(3) Where immediately before the date of establishment of a Joint
Administrative Tribunal any one or more of the States for which it is
established, has or have a State Tribunal or State Tribunals, all
cases pending before such State Tribunal or State Tribunals
immediately before the said date together with the records thereof
shall stand transferred on that date to such Joint Administrative
Tribunal.
Explanation.--For the purposes of this sub-section, "State
Tribunal" means a Tribunal established under sub-section (2) of
section 4.
(4) Where any suit, appeal or other proceeding stands transferred
from any court or other authority to a Tribunal under sub-section (1)
or sub-section (2),--
(a) the court or other authority shall, as soon as may be
after such transfer, forward the records of such suit, appeal or
other proceeding to the Tribunal; and
---------------------------------------------------------------------
1. Subs. by Act 19 of 1986, S. 19 (w.e.f. 1.11.1985).
2. Omitted by S. 20, ibid. (w.e.f. 22.1.1986).
3. Ins. by S. 20, ibid. (w.e.f. 22.1.1986).
61
(b) the Tribunal may, on receipt of such records, proceed to
deal with such suit, appeal or other proceeding, so far as may
be, in the same manner as in the case of an application under
section 19 from the stage which was reached before such transfer
or from any earlier stage or de novo as the Tribunal may deem
fit.
(5) Where any case stands transferred to a Joint Administrative
Tribunal under sub-section (3), the Joint Administrative Tribunal may
proceed to deal with such case from the stage which was reached before
it stood so transferred.
1*[(6) Every case pending before a Tribunal immediately before
the commencement of the Administrative Tribunals (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.]
29A.
Provision for filing of certain appeals.
2*[29A. Provision for filing of certain appeals. Where any decree
or order has been made or passed by any court (other than a High
Court) in any suit or proceeding before the establishment of a
Tribunal, being a suit or proceeding the cause of action whereon it is
based is such that it would have been if it had arisen after such
establishment, within the jurisdiction of such Tribunal, and no appeal
has been preferred against such decree or order before such
establishment and the time for preferring such appeal under any law
for the time being in force had not expireo before such establishment,
such appeal shall lie--
(a) to the Central Administrative Tribunal, within ninety
days from the date on which the Administrative Tribunals
(Amendment) Bill, 1986 receives the assent of the President, or
within ninety days from the date of receipt of the copy of such
decree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from its
establishment or within ninety days from the date of receipt of
the copy of such decree or order, whichever is later."].
30.
Proceedings before a Tribunal to be judicial proceedings.
30. Proceedings before a Tribunal to be judicial proceedings. All
proceedings before a Tribunal shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the
Indian Penal Code. (45 of 1860.)
31.
Members and staff of Tribunal to be public servants.
31. Members and staff of Tribunal to be public servants. The
Chairman, Vice-Chairman and other Members and the officers and other
employees provided under section 13 to a Tribunal shall be deemed to
be public servants within the meaning of section 21 of the Indian
Penal Code. (45 of 1860.)
32.
Protection of action taken in good faith.
32. Protection of action taken in good faith. No suit,
prosecution or other legal proceeding shall lie against the Central or
State Government or against the Chairman, Vice-Chairman or other
Member of any Central or Joint or State Administrative Tribunal, or
any other 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 thereunder.
33.
Act to have overriding effect.
33. Act to have overriding effect. The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or in any
instrument having effect by virtue of any law other than this Act.
34.
Power to remove difficulties.
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.
35.
Power of the Central Government to make rules.
35. Power of the Central Government to make rules. (1) The
Central Government may, subject to the provisions of section 36, by
notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters,
namely:--
(a) the case or cases which shall be decided by a Bench
composed of more than 3*[two members] under clause (d) of sub-
section (4) of section 5;
(b) the procedure under sub-section (3) of section 9 for the
investigation of misbehaviour or incapacity of Chairman, Vice-
Chairman or other Member;
---------------------------------------------------------------------
1. Ins. by Act 51 of 1987, S. 5.
2. Ins. by Act 19 of 1986, S. 21 (w.e.f. 22.1.1936).
3. Subs. by S. 22, ibid. (w.e.f. 22.1.1986).
62
(c) the salaries and allowances payable to, and the other
terms and conditions of, the Chairman, Vice-Chairman and other
Members;
(d) the form in which an application may be made under
section 19, the documents and other evidence by which such
application shall be accompanied 1*[and the fees payable in
respect of the filing of such application or for the service or
execution of processes]
(e) the rules subject to which a Tribunal shall have power
to regulate its own procedure under sub-section (1) of section 22
and the additional matters in respect of which a Tribunal may
exercise the powers of a civil court under clause (i) of sub-
section (3) of that section; and
(f) any other matter which may be prescribed or in respect
of which rules are required to be made by the Central Government.
36.
Power of the appropriate Government to make rules.
36. Power of the appropriate Government to make rules. The
appropriate Government may, by notification, make rules to provide for
all or any of the following matters, namely:--
(a) the financial and administrative powers which the
Chairman of a Tribunal may exercise over the 2*** Benches of the
Tribunal under section 12;
(b) the salaries and allowances and conditions of service of
the officers and other employees of a Tribunal under sub-section
(2) of section 13; and
(c) any other matter not being a matter specified in section
35 in respect of which rules are required to be made by the
appropriate Government.
36A.
Power to make rules retrospectively.
3*[36A. The Power to make rules retrospectively. The power to
make rules under clause (c) of sub-section (2) of section 35 or
clause (b) of section 36 shall include the power to make such rules
or any of them retrospectively from a date not earlier than the date
on which this Act received the assent of the President, but no such
retrospective effect shall be given to any such rule so as to
prejudicially affect the interests of any person to whom such rule may
be applicable].
37.
Laying of rules.
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 that 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.
---------------------------------------------------------------------
1. Subs. by Act 19 of 1986, S. 22 (w.e.f. 22.1.1986).
2. Omitted by S. 23, ibid. (w.e.f. 22.1.1986).
3. Ins. by Act 51 of 1987, S. 6.
