5. Composition of Tribunals and Benches thereof.—
(1) Each Tribunal shall consist of
1
[a Chairman and such number of 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), 4*** the Chairman—
5
[
(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 6[a Member] from one Bench to another Bench;
7
[
(c) may authorise 8[the Judicial Member] or the Administrative Member appointed to one Bench
to discharge also the functions of 9[the Judicial Member or the Administrative Member, as the case
may be] 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 10[two members], issue
such general or special orders, as he may deem fit.
11
[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial
Member and one Administrative Member.]
12
* * * * *
(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
13
[a Bench] consisting of a single Member and exercise the jurisdiction, powers and authority of the
1. Subs. by Act 1 of 2007, s. 4, for “a Chairman and such number of Vice-Chairman and Judicial and Administrative Members”
(w.e.f 19-2-2007).
2. Subs. by Act 19 of 1986, s. 6, for sub-section
(2) (w.e.f. 1-11-1985).
3. Sub-section
(3) omitted by s. 6, ibid. (w.e.f. 1-11-1985).
4. The words, brackets and figure “or sub-section
(3)” omitted by s. 6, ibid. (w.e.f.1-11-1985).
5. Subs. by s. 6, ibid., for clause
(a) (w.e.f. 1-11-1985).
6. Subs. by Act 1 of 2007, s. 4, for “the Vice-Chairman or other Members” (w.e.f. 19-2-2007).
7. Subs. by Act 19 of 1986, s. 6, for clause
(c) (w.e.f. 1-11-1985).
8. Subs. by Act 1 of 2007, s. 4, for “the Vice-Chairman or the Judicial Member” (w.e.f. 19-2-2007).
9. Subs. by s. 4, ibid., for “the Vice-Chairman or, as the case may be, the Judicial Member or the Administrative Member”
(w.e.f. 19-2-2007).
10. Subs. by Act 19 of 1986, s. 6, for “three Members” (w.e.f. 1-11-1985).
11. Ins. by s. 6, ibid. (w.e.f. 1-11-1985).
12. Sub-section
(5) omitted by s. 6, ibid. (w.e.f. 1-11-1985).
13. Subs. by s. 6, ibid., for “an additional Bench” (w.e.f. 1-11-1985).
6
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.]
3
[6. Qualifications for appointment as Chairman, Vice-Chairman and other
members.—
(1) A person shall not be qualified for appointment as the Chairman unless he is, or has been,
a Judge of a High Court:
Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be
qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for
a period of two years.
(2) A person shall not be qualified for appointment,—
(a) as an Administrative Member, unless he has held for at least two years the post of Secretary to
the Government of India or any other post under the Central or State Government and carrying the
scale of pay which is not less than that of a Secretary to the Government of India for at least two years
or held a post of Additional Secretary to the Government of India for at least five years or any other
post under the Central or State Government carrying the scale of pay which is not less than that of
Additional Secretary to the Government of India at least for a period of five years:
Provided that the officers belonging to All-India services who were or are on Central deputation
to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case
may be, from the date such officers were granted proforma promotion or actual promotion whichever
is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on
Central deputation after such date shall count for qualifying service for the purposes of this clause;
(b) as a Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at
least two years held the post of a Secretary to the Government of India in the Department of Legal
Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held
a post of Additional Secretary to the Government of India in the Department of Legal Affairs and
Legislative Department at least for a period of five years.
(3) The Chairman and every other Member of the Central Administrative Tribunal shall be appointed
after consultation with the Chief Justice of India by the President.
(4) Subject to the provision of sub-section
(3), the 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.
(5) The Chairman and every other Member of a Joint Administrative Tribunal shall, subject to the
provisions of sub-section
(3) and subject to the terms of the agreement between the participating State
Governments published under sub-section
(3) of section 4 of the principal Act, be appointed by the
President after consultation with the Governors of the concerned States.
1. Subs. by Act 19 of 1986, s. 6, for “three Members” (w.e.f. 1-11-1985).
2. Subs. by s. 6, ibid., for sub-section
(7) (w.e.f. 1-11-1985).
3. Subs. by Act 1 of 2007, s. 5, for section 6 (w.e.f. 19-2-2007).
7
Explanation.—In computing for the purpose of this section, the period during which a person has held
any post under the Central or State Government, there shall be included the period during which he has
held any other post under the Central or State Government (including an office under this Act) carrying
the same scale of pay as that of first mentioned post on a higher scale of pay.]
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, 1[such one of the Members] 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.
2
[8. Term of office.—
(1) The Chairman shall hold office as such for a term of five years from the
date on which he enters upon his office:
Provided that no Chairman shall hold office as such after he has attained the age of sixty-eight years.
(2) A Member shall hold office as such for a term of five years from the dale on which he enters upon
his office extendable by one more term of five years:
Provided that no Member shall hold office as such after he has attained the age of sixty-five years.
(3) The conditions of service of Chairman and Members shall be the same as applicable to Judges of
the High Court.]
9. Resignation and removal.—
(1) The Chairman, 3*** or other Member may, by notice in writing
under his hand addressed to the President, resign his office:
Provided that the Chairman, 3*** 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, 3*** 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, 3*** or other Member had been informed of the
charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of
misbehaviour or incapacity of the Chairman, 3*** or other Member referred to in sub-section
(2).
10. Salaries and allowances and other terms and conditions of service of Chairman,
4
*** 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, 4*** 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, 4*** or other Member shall be varied to his disadvantage after his appointment.
5
[Provided further that where a serving Government officer is appointed as a Member, he shall be
deemed to have retired from the service to which he belonged on the date on which he assumed the
1. Subs. by Act 1 of 2007, s. 6, for “Vice-Chairman or, as the case may be, such one of the Vice-Chairman” (w.e.f. 19-2-2007).
2. Subs. by s. 7, ibid., for section 8 (w.e.f. 19-2-2007).
3. The word “Vice-Chairman” omitted by s. 8, ibid. (w.e.f. 19-2-2007).
4. The word “Vice-Chairman” omitted by s. 9, ibid. (w.e.f. 19-2-2007).
5. Ins. by s. 9, ibid. (w.e.f. 19-2-2007).
8
charge of the Member but his subsequent service as Member shall, at his option, be reckoned as a
post-retirement re-employment counting for pension and other retirement benefits in the service to which he
belonged.]
1[10A. Saving terms and conditions of service of Vice-Chairman.—The Chairman, Vice-Chairman and
Member of a Tribunal appointed before the commencement of the Administrative Tribunals (Amendment)
Act, 2006 (1 of 2007) shall continue to be governed by the provisions of the Act, and the rules made
thereunder as if the Administrative Tribunals (Amendment) Act, 2006 had not come into force:
Provided that, however, such Chairman and the Members appointed before the coming into force of
Administrative Tribunals (Amendment) Act, 2006 (1 of 2007), may on completion of their term or attainment
of the age of sixty-five or sixty-two years, as the case may be, whichever is earlier may, if eligible in terms of
section 8 as amended by the Administrative Tribunals (Amendment) Act, 2006 be considered for a fresh
appointment in accordance with the selection procedure laid down for such appointments subject to the
condition that the total term in office of the Chairman shall not exceed five years and that of the Members, ten
years.]
2
[10B. Qualifications, terms and conditions of service of Chairman and Member.—Notwithstanding
anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances,
resignation, removal and the other terms and conditions of service of the Chairman and other Members of the
Tribunal appointed after the commencement of 3[the Tribunals Reforms Act, 2021, shall be governed by the
provisions of Chapter II of the said Act]:
Provided that the Chairman and Member appointed before the commencement of Part XIV of Chapter VI
of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made
thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.]
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 4*** 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;
5*
* * * *
(e) a Member (other than the Chairman 6***) of any Tribunal shall, subject to the other provisions of
this Act, be eligible for appointment as the Chairman 6*** 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, 7*** or other Member shall not appear, act or plead before any Tribunal of which he
was the Chairman, 7*** 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 8[or society] owned or controlled by the
Government.
9
[12. Financial and administrative powers of the Chairman.—
(1) The Chairman shall exercise
such financial and administrative powers over the Benches as may be vested in him under the rules made
by the appropriate Government.
1. Ins. by Act 1 of 2007, s. 10 (w.e.f. 19-2-2007).
2. Ins. by Act 7 of 2017, s. 176 (w.e.f. 26-5-2017).
3. Subs. by Act 33 of 2021, s. 15, for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of
section 184 of that Act” (w.e.f. 4-4-2021).
4. The words “Vice-Chairman or” omitted by Act 1 of 2007, s. 11 (w.e.f. 19-2-2007).
5. Clauses
(c) and
(d) omitted by s. 11, ibid. (w.e.f. 19-2-2007).
6. The words “or Vice-Chairman” omitted by s. 11, ibid. (w.e.f. 19-2-2007).
7. The word “Vice-Chairman” omitted by s. 11, ibid. (w.e.f. 19-2-2007).
8. Ins. by 19 of 1986, s. 8 (w.e.f. 22-1-1986).
9. Subs. by Act 1 of 2007, s. 12, for section 12 (w.e.f. 19-2-2007).
9
(2) The appropriate Government may designate one or more Members to be the Vice-Chairman or, as
the case may be, Vice-Chairman thereof and the Members so designated shall exercise such of the powers
and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a
general or special order in writing.]
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.
1
[(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.
CHAPTER III
JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS
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 2***) 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 3[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 clause
(b), being
a person whose services have been placed by a State Government or any local or other authority or any
corporation 3[or society] or other body, at the disposal of the Central Government for such appointment.
[Explanation.—For the removal of doubts, it is hereby declared that references to “Union” in this
4
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 3[or societies]
owned or controlled by Government, not being a local or other authority or corporation 3[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
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
2. The words and figures “under article 136 of the Constitution” omitted by s. 11, ibid. (w.e.f. 22-1-1986).
3. Ins. by s. 11, ibid. (w.e.f. 22-1-1986).
4. Ins. by s. 11, ibid. (w.e.f. 1-11-1985).
10
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 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
(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.—
(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 3***) 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 4[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 clause
(b), being a person whose service have
been placed by any such local or other authority or corporation 4[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
4
[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 4[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 4[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 4[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 4[or society] and pertaining to the service of such person in
connection with such affairs.
1. Ins. by Act 19 of 1986, s. 11 (w.e.f. 22-1-1986).
2. The words and figures “under article 136 of the Constitution” omitted by s. 11, ibid. (w.e.f. 22-1-1986).
3. The words and figures “under article 136 of the Constitution” omitted by s. 12, ibid. (w.e.f. 22-1-1986).
4. Ins. by s. 12, ibid. (w.e.f. 22-1-1986).
11
(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.—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.—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 references therein to a High Court shall be construed as including a reference to such
Tribunal;
(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.—
(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.
CHAPTER IV
PROCEDURE
19. Applications to tribunals.—
(1) Subject to the other provisions of this Act, a person aggrieved by
any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the
Tribunal for the redressal of his grievance.
Explanation.—For the purposes of this sub-section, “order” means an order made—
(a) by the Government or a local or other authority within the territory of India or under the
control of the Government of India or by any corporation 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].
5
[
(3) On receipt of an application under sub-section
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