रजिस्ट्री सं ० डी० एल०(एन) 04/0007/2003-05 REGISTERED NO . DL-(N) 04/0007/2003-05
भारत को राजपत्र TheGazette ofIndia
असाधारण
EXTRAORDINARY
भाग II - खण्ड 2
PART II - Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शनिवार, मार्च 18, 2006 / फाल्गुन 27, 1927
सं० 17 No. 17] NEW DELHI , SATURDAY, MARCH 18 , 2006 / PHALGUNA 27 , 1927
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation .
RAJYA SAВНА
The following Bill was introduced in the Rajya Sabha on 18th March, 2006:-
BILL NO . XXVIII OF 2006
A Bill further to amend the Administrative Tribunals Act, 1985 .
BE it enacted by Parliament in the Fifty- seventh Year of the Republic of India as follows:--
1. This Act may be called the Administrative Tribunals (Amendment) Act , 2006. Short title.
13 of 1985 .
ofsection 3 .
2. In the Administrative Tribunals Act , 1985 ( hereinafter referred to as the principal.Amendment Act) , in section 3 , after clause (g) , the following clause shall be inserted , namely:-
' (ga) "High Court " means the High Court within whose territorial jurisdiction, the Tribunal concerned is situated. ' .
3. Section 17 of the principal Act shall be omitted.
Omission ofsection 17 .
ofsection 27 .
4. In section 27 ofthe principal Act, the brackets and words " ( including a High Court ) " Amendment shall be omitted .
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[PART II-
5. After Chapter IV of the principal Act, the following Chapters shall be inserted, namely:-
Insertion of new Chaplers IVA and IVB .
"CHAPTER IVA
ABOLITION OF TRIBUNALS
27A. ( 1 ) If the Central Government is of the opinion that the continued existence of the Central Administrative Tribunal or any of its Benches is not necessary, itmay, by notification, abolish the Tribunal or any of its Benches .
Power of Central Government to abolish Tribunals .
(2) The Central Government may abolish , by notification,-
(a) an Administrative Tribunal established for a State under sub- section (2) of section 4 after the receipt of a proposal from the State in this behalf;
(b) a Joint Administrative Tribunal established under sub - section (3 ) of section4 on receipt of an agreement entered into by the concerned States for the abolition of such Administrative Tribunal :
Provided that the abolition of the Tamil Nadu Administrative Tribunal and the transfer of the pending cases and records of the said Tribunal to the High Court of Judicature atMadras , by the notification ofthe Government of India in the Ministry of Personnel , Public Grievances and Pensions No. G..S.R. 71 ( E) , dated the 17th February, 2006 issued under sub - section (2 ) of section 4, shall be deemed to have been done under this section as if the provisions of this section were in force on and from the 17thday of February, 2006.
(3) If a proposal or agreement under clause ( a) or clause ( b) of sub - section (2) , is forwarded to the Central Government, the concerned State shall also forward along with it a proposal for the transfer and disposal of cases pending before any State Administrative Tribunal or any Joint Administrative Tribunal in consultation with the concerned High Court .
(4) The Central Government may provide in the notification under sub- section (1) or sub - section (2) for the transfer and disposal of the cases pending before the Tribunal or any of its Benches immediately before its abolition.
27B. ( 1) On the abolition of a Tribunal , the persons holding the office as the Chairman, Vice-Chairman or a Member ofthe Tribunal immediately before the abolition of such Tribunal , shall vacate their respective offices .
Vacation of officeby Chairman, Vice-Chairman orMember of the Tribunal .
(2) The Chairman , Vice- Chairman and a Member of the Tribunal , after vacation of their offices under sub - section ( 1 ), shall not be entitled to claim any compensation for the premature termination of their term or any contract of service:
Provided that the Chairman of the Tribunal and every other person appointed as Vice- Chairman and Member, who were in service of the appropriate Government and took voluntary retirement from the service of the appropriate Government to join the Tribunal as Chairman , Vice- Chairman or Member, as the case maybe , shall be entitled to draw his pay from the appropriate Government from the date of abolition of such Tribunal till his attaining the age of superannuation or till the completion of his tenure in that Tribunal , whichever is earlier.
27C. ( 1 ) On the abolition of the Tribunal or any of its Benches , the officers and other employees ,-
Vacalion of office by staff ofTribunal .
(a) who were appointed on deputation basis to the Tribunal immediately before the abolition of the Tribunal , shall , on such abolition, stand reverted to their parent cadre; and
(b) whowere appointed on regular basis to the Tribunal immediately before the abolition of the Tribunal , shall , on such abolition , become the officers and 3
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employees of the appropriate Government with the same rights and privileges as to pension , gratuity and other like matters as would have been admissible to him if the rights in relation to such Tribunal had not been transferred to, and vested in, the appropriate Government and shall continue to do so unless and until his employment in the appropriate Government is duly terminated or until his remuneration , terms and conditions of employment are duly altered by that Government.
(2) The officers and other employees not falling under clauses ( a) and ( b ) of sub- section ( 1 ) , on such abolition , shall vacate their respective offices and no such officer and other employee shall be entitled to claim any compensation for the prema- ture termination of their term of office or of any contract of service .
14 of 1947.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 , or in any other law for the time being in force, the transfer of the services of any officer or employee, employed in the Tribunal , to the appropriate Government shall not en- title such officer or employee any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court , tribunal or other authority.
(4) Where the Tribunal has established provident fund , superannuation , welfare or other fund for the benefit of the officers and other employees employed in the Tribunal, the monies relatable to the officers and other employees whose services havebeen transferred by or under this Act to the appropriate Government shall, out of the monies standing, on the abolition of the Tribunal, to the credit of such provident fund , superannuation , welfare or other fund, stand so transferred and shall be dealt with by the said Government in such manner as may be prescribed .
CHAPTER IVB
APPEAL TO HIGH COURT
Appeal to HighCourt.
27D. ( 1) Any person aggrieved by any decision or order of the Tribunal may file an appeal to the High Court.
(2) Every appeal under this section shall be preferred within a period of sixty daysfrom the date of communication of the decision or order of the Tribunal to the person aggrieved by the said decision or order:
Provided that the High Court may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that the aggrieved person had sufficient cause for not preferring the appeal within the period of sixty days .
(3) Every appeal under sub - section ( 1 ) shall be heard by a Bench of two Judges of theHigh Court ." .
Amendment of section 35 .
6. In section 35 of the principal Act, in sub - section ( 2 ) , after clause (e) , the following clause shall be inserted , namely:-
"(ea) the manner in which the amount of provident fund , superannuation , welfare orother fund credited, shall be dealt with by the Central Government ; " .
Amendment of section 36 .
7. In section 36 of the principal Act , in sub - section ( 2 ), after clause (b) , the following clause shall be inserted , namely:-
"(ba) the manner in which the amount of provident fund, superannuation , welfare or other fund credited, shall be dealt with by the appropriate Government ; ".
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[PART II-
STATEMENT OF OBJECTS AND REASONS
In pursuance of article 323 A of the Constitution, the Administrative Tribunals Act , 1985 was enacted. The said Act envisaged the setting up of administrative tribunals to deal with service related matters and sought to exclude the jurisdiction of all courts including the High Courts in such matters . The functions and powers including the power to punish for contempt were assigned to the tribunals . The Apex Court has since held that writ jurisdiction of the High Courts under articles 226 and 227 shall continue to be with High Courts and administrative tribunals shall be subject to such jurisdiction of the High Courts . The High Courts as court of record already have the power to punish for contempt . As the Tribunals have become subject to the jurisdiction of the High Courts , it is no longer necessary to retain the power to punish for contempt with them .
2. Further, the Central Administrative Tribunal was established with its Principal Bench atNew Delhi and 16 other Benches located in various parts of the country to adjudicate service related disputes of the Central Government employees and other employees specifically covered by it . In addition, Administrative Tribunals in eight States were established by the Central Government on the request of the respective State Government to adjudicate service related disputes of State Government employees . Three of the eight State Governments viz . Government of Himachal Pradesh, Madhya Pradesh and Tamil Nadu , have requested the Central Government for abolition of the State Administrative Tribunals .
3. Since the Administrative Tribunals Act, 1985 does not contain any specific provisions for abolition of a Tribunal , there is a need for amendment of the Act in order to provide for an enabling provision for abolition of the Tribunal and also for transfer of pending cases to some other authority after the Tribunal is abolished . The amendment is considered necessary for taking care of the service conditions of its functionaries , viz. , Chairman , Vice - Chairman and Members and officers and other Staff of the Tribunal in case the Tribunal is abolished . Further , an amendment to the Act is also required to provide for appeal against the orders of an Administrative Tribunal to the respective High Courts to bring the Act in line with the judgment of Supreme Court in the case of L. Chandra Kumar delivered in March , 1997 .
4. The Bill seeks to achieve the above objects .
SURESH PACHOURI .
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SEC. 2]
FINANCIAL MEMORANDUM
All the expenses towards the Central Administrative Tribunal are borne by the Central Government and in respect of State Administrative Tribunals the same are borne by the respective State Government. At present, there is no proposal under consideration of the Central Government for abolition of Central Administrative Tribunal or any of its Benches . Therefore , even if the Bill is enacted , no expenditure from the Consolidated Fund of India is likely to be incurred immediately on such enactment. However, the Bill involves financial consequences in future when the subject matter of the Bill will be invoked for abolition of theState Administrative Tribunals . In case the State Administrative Tribunal is abolished, the expenditure by way of pay and allowances in respect of Chairman , Vice - Chairman and Members of such Tribunal will have to be borne by the respective State Governments and no expenditure from Consolidated Fund of India is likely to be incurred on this account.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 6 and 7 of the Bill empower the appropriate Government to make rules in regard to the manner in which the amount of provident fund, superannuation , welfare and other fund credited shall be dealt with by the appropriate Government under new section 27C for vacation of office by the staff of the Tribunal .
Thematters in respect of which rules may be made are matters of procedure and detail. The delegation of legislative power is , therefore , of a normal character .
YOGENDRA NARAIN .
Secretary-General .
PUBLISHED BY THE SECRETARY- GENERAL , RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA .
MGIPMRND-6591GI (S3 )-30.03.2006.