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 4***.
(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 5[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:
1. Subs. by Act 19 of 1986, s. 17, for sections 25 and 26 (w.e.f. 22-1-1986).
2. Subs. by s. 18, ibid., for “the order of a Tribunal finally disposing of an application” (w.e.f. 22-1-1986).
3. Subs. by s. 19, ibid., for “no court (except the Supreme Court under article 136 of the Constitution) shall have”
(w.e.f. 1-11-1985).
4. The words “or the Supreme Court” omitted by s. 20, ibid. (w.e.f. 22-1-1986).
5. Ins. by s. 20, ibid. (w.e.f. 22-1-1986).
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Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High
Court 1***
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
(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.
3
[
(6) Every case pending before a Tribunal immediately before the commencement of the
Administrative Tribunals (Amendment) Act, 1987 (51 of 1987), being a case the cause of action whereon
it is based is such that it would have been, if it had arisen after such commencement, within the
jurisdiction of any court, shall, together with the records thereof, stand transferred on such
commencement to such court.
(7) Where any case stands transferred to a court under sub-section
(6), that court may proceed to deal
with such case from the stage which was reached before it stood so transferred.]
4
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