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Section 3 The Administrative Tribunals Act, 1985

The Administrative Tribunals Act, 1985

 

 

3. DEFINITIONS. –

 

 

In this Act, unless the context otherwise requires, –

 

1(a) “Administrative Member”, means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);

 

2(aa) “Administrative Tribunal”, in relation to a 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 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;

 

3(i) “Judicial Member” means a Member of a Tribunal appointed as such under this Act, and includes 4the Chairman or a Vice-Chairman who possesses any of the qualifications specified in sub-section (3) of section 6;

 

3(i-a) “Member” means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman and a Vice-Chairman; 5

 

(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(n) Omitted

 

(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 of India, or, as the case may be, of any corporation 7or society owned or controlled by the Government, as respect –

 

(i) remuneration (including allowances), pension and other retirement benefits;

 

(ii) tenure including confirmation, seniority, promotion, revision, 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;

 

7(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 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;

 

8(u) “Vice-Chairman” means 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-Chairman.

 

comments

 

The question of seniority is a matter which is a service matter; P. Lal v. Union of India, AIR 2003 SC 1499.

 

—————

1. Ins. by Act 19 of 1986, sec. 4 (w.r.e.f. 22-1-1986).

 

2. Clause (a) re-lettered as clause (aa) by Act 19 of 1986, sec. 4 (w.r.e.f. 22-1-1986).

 

3. Subs. by Act 19 of 1986, sec. 4, for clause (i) (w.r.e.f. 22-1-1986).

 

4. Subs. by Act 1 of 2007, sec. 2(I), for “the Chairman or a Vice-Chairman”.

 

5. The words “and a Vice-Chairman” omitted by Act 1 of 2007, sec. 2(II).

 

6. Clause (n) omitted by Act 19 of 1986, sec. 4 (w.r.e.f. 22-1-1986).

 

7. Ins. by Act 19 of 1986 sec. 4 (w.r.e.f. 22-1-1986).

 

8. Subs by Act 1 of 2007, sec. 2(III), for clause (u). Clause (u), before substitution, stood as under:

 

‘(u) “Vice-Chairman” means the Vice-Chairman of a Tribunal.’

 

 

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Administrative Tribunals Act 1985

 

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