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Section 29 The Administrative Tribunals Act, 1985

The Administrative Tribunals Act, 1985

 

 

29. TRANSFER OF PENDING CASES. –

 

(1) Every suit or other proceeding pending before any court or other authority immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whether on it is based is such that it would have been, if it has arisen after such establishment within the jurisdiction of such Tribunal shall stand transferred on that date to such Tribunal :

 

Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court1

 

(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 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.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 2or 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 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, 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.

 

3(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.

 

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1. The words “or the Supreme Court” omitted by Act 19 of 1986, sec. 20 (w.r.e.f. 22-1-1986).

 

2. Ins. by Act 19 of 1986, sec. 20 (w.r.e.f. 22-1-1986).

 

3. Ins by Act 51 of 1987, sec. 5 (w.e.f. 22-12-1987).

 

 

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Administrative Tribunals Act 1985

 

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