Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 5 The Administrative Tribunals Act, 1985

The Administrative Tribunals Act, 1985

 

 

5. COMPOSITION OF TRIBUNALS AND BENCHES THEREOF. –

 

(1) Each Tribunal shall consist of 1[a Chairman and such number of Vice-Chairman 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) 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 6the Vice-Chairman or other Member from one Bench to another Bench;

 

7(c) may authorise the Vice-Chairman or 8the 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, 9the 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 question involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by the Bench composed of more than two members, issue such general or special orders, as he may deem fit :

 

11Provided 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 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 14[ 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.

 

15(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.

 

15(8) Subject to the other provisions of this Act, the place 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.

 

————————

 

1. Subs. by Act 1 of 2007, sec. 4, for “a Chairman and such number of Vice-Chairmen and Judicial and Administrative Members”. Earlier sub-section (1) was amended by Act 19 of 1986, sec. 6 (w.r.e.f. 1-11-1985).

 

2. Subs. by Act 19 of 1986, sec. 6, for sub-section (2) (w.r.e.f. 1-11-1985).

 

3. Sub-section (3) omitted by Act 19 of 1986, sec. 6 (w.r.e.f. 1-11-1985).

 

4. The words “or sub-section (3)” omitted by Act 19 of 1986, sec. 6 (w.r.e.f. 1-11-1985).

 

5. Subs. by Act 19 of 1986, sec. 6, for clause (a) (w.r.e.f. 1-11-1985).

 

6. Subs. by Act 1 of 2007, sec. 4, for “the Vice-Chairman or other Members”.

 

7. Subs. by Act 19 of 1986, sec. 6, for clause (c) (w.r.e.f. 1-11-1985).

 

8. Subs. by Act 1 of 2007, sec. 4, for “the Vice-Chairman or the Judicial Member”.

 

9. Subs. by Act 1 of 2007, sec. 4, for “the Vice-Chairman or, as the case may be, the Judicial Member or the Administrative Member”.

 

10. Subs. by Act 19 of 1986, sec. 6, for “three Members” (w.r.e.f. 1-11-1985).

 

11. Ins. by Act 19 of 1986, sec. 6 (w.r.e.f. 1-11-1985).

 

12. Sub-section (5) omitted by Act 19 of 1986, sec. 6 (w.r.e.f. 1-11-1985).

 

13. Subs. by Act 19 of 1986, sec. 6, for “an additional Bench” (w.r.e.f. 1-11-1985).

 

14. Subs. by Act 19 of 1986, sec. 6, for “three Members” (w.r.e.f. 1-11-1985).

 

15. Subs by Act 19 of 1986, sec. 6, for sub-section (7) (w.r.e.f. 1-11-1985).

 

Previous | Next

 

Administrative Tribunals Act 1985

 

Indian Laws – Bare Acts

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation