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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 124] NEW DELHI, MONDAY, MAY 19, 1975/VAISAKHA 29, 1897

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF HOME AFFAIRS

ORDER

New Delhi, the 19th May 1975

G.S.R. 285(E).—In exercise of the powers conferred by clauses (3) and (4) of article 371D of the Constitution, the President hereby makes the following Order, namely :—

1. Short title, extent and commencement.—(1) This Order may be called the Andhra Pradesh Administrative Tribunal Order, 1975.

(2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint,

2. Interpretation.—(1) In this Order, unless the context otherwise requires,—

(a) "Bench" means a Bench of the Tribunal; (b) "Chairman" means the Chairman of the Tribunal; (c) "member" means a member of the Tribunal, and includes the Chairman; (d) "person employed" means an individual, in relation to whom the Tribu- nal has jurisdiction in respect of the matters specified in paragraph. 6 of this Order;

(e) "State" means the State of Andhra Pradesh; (f) "State Government" means the Government of Andhra Pradesh; (g) "Tribunal" means the Andhra Pradesh Administrative Tribunal con- stituted under paragraph 3 of this Order;

(1071)

(h) "village Officer" means any person who holds any of the village tffices of headman, munsif, reddy, monigar, peddakapu, p-atcl karnam, pat- wari, neerganti, neeradl, vetti, kawalkar, toti, lalayari, tandalgar, sethsindhi or any other village office, by whatever designation it may be locally known.

(2) The General Clauses Act, 1897 (10 of 1897) applies for the Interpretation of this OTdor as it applies for the interpretation of a Central Act.

•A. Constitution of the AntHura Pradesh Administrative Tribunal.—(l) There shall be constituted an Administrative Tribunal for the State of Andhra Pradesh, to be kown as "the Andhra Pradesh Administrative Tribunal" consisting oi a Chairman and not less than two other members to be appointed by the President.

(2) The Chairman shall bo a person who, at the time of his appointment to the Tribunal, Is a judge of a High Court and the other members shall be persons having knowledge of public administration or law.

(3) Save as otherwise provided In this Order, every member shall hold office for a period of t'iree years from the date on which he enters upon his office;

Provided that a member shall, notwithstanding the expiration of this term, continue to hold office until his successor enters upon his office.

(4) When a Judge of a High Court, terving as the Chairman, ceases to be such Judge otherwise than as a result of retirement, lie shall thereupon bo deemed to have vacated his office as Chairman.

(5) A member may, by writing under his hand addressed to the President, resign his office at any time.

(G) The Chairman and other members shall receive such remuneration and other allowances and shall be governed by such conditions of service as may be determined by the Central Government:

Provided that neither the remuneration and allowances nor the other conditions of service of the Chairman or any other member shall be varied to his disadvantage after his appointment.

4. Appointment of acting Chairman.—When the office of Chairman is vacant or when the Chairman is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other members as the President may appoint for the purpose.

5. Seat of the Tribunal.—The principal seat of the Tribunal shall be at Hydera- bad but the Benches may also sit at such other place or places as the Chairman may, from to time, specify.

6. Jurisdiction, powers and authority of the Tribunal,—(1) Save as otherwise expressly provided in this Order, the Tribunal shall exercise all the jurisdiction, powers and authority which, immediately before the commencement of this Order, were exereisablc by all courts (except the Supreme Court) with respect to appoint- ment, allotment or promotion to any public post, seniority of persona appointed, allotted, or promoted to such post and all other conditions of service of such per- sons.

(2) Nothing in sub-paragraph (1) of this paragraph shall apply to, or in relation

(a) persons appointed on contract for a specified term or purpose; (b) members of the All-India services; (c) persons on deputation with the State Government or any local authoritv within the State being persons in the service of the Central or -mv other State Government or other authority; ""

(d) persons employed on a part-time basis; and (e) village officers.

(3) Notwithstanding anything contained in sub-paragraph (I) of fhi, -n=r graph the Tribunal shall have no jurisdiction with respect to any matter Involving the dismissal, removal or reduction in rank of -, n e ™L J^ } I member of a civil service of the State or who holds a civil post S ^ t h ? S t e te if the provisions of clause (a) or clause (b) or clause (c) of tteproviso to

clause (2) of article 311 of the Constitution apply to, or in relation to, such dismissal, removal or reduction in rank.

(4) Subject to the provisions ol this Order, the law In force immediately before the commencement of this Order with respect to the practice, procedure and dispo- sal of petitions for the issue of directions, orders or writs under article

Provided that the Tribunal shall not grant an interim injunction in respect of any matter pending before it, except after giving notice lo the Stute Government, local authority or officer or authority under that Government or local authority and the parties concerned and after giving an opportunity of being heard to all or any of them.

Explanation.—For the purposes of this paragraph,---

(i) "public posts" mean—

(a) all classes, of posts In all civil services of the State; (b) all classes of civil posts under the State; and (c) all classes of posts under the control of any local authority within

the State;

(ii) "local authority" does not include any¹ local authority which Is not sub- ject to the control of the State Government.

7. Authority of the Tribunal to receive representations.—(I) The Tribunal may receive, from persons employed, or, as the case may be, from persons claiming under them, representations for the redress of their grievances relating to matters within its jurisdiction and admit, after such enquiry as it may deem fit, such representations:

Provided that the Tribunal shall not admit any such representation—

(a) unless the person concerned has availed of the remedies provided under the relevant rules for making such representation to the State Gov- ernment or to any local authority, as the case may be, or to any other officer or other authority under the State Government or local authority and has failed to secure such redress; or

(b) ii a period of more than six months has elapsed after a filial order re- jecting the representation foi the redress of such grievance has been made by the State Government or local authority, as the case may be, or other officer or authority under the State Government or local authority under the relevant rules.

Explanation.—For the purpose oi this paragraph, a person shall be dMmed to have availed oi the remeaies reieired to in clause taj ot ihe proviso to sub- paragrapn (.ij 01 Una paragiaph and failed to secure redress 'in respect of any grievance—•

(i) if any final order has been made by the State Government or local autnonty, or other ofhcer or authority under the State Government or local authority competent to pass such order under the relevant rules rejecting any representation lor such redreas; or

(ii) if the representation so submitted hag not been disposed of within a period of six months from the date of its submission.

8. Disposal of representations by the Tribunal.—(1) The Tribunal shall, after admitting any representation under pdragraph 7 of this Order, furnish copies thereol to trie State Government, or the local authority, as the case may be, and to such other orhcers, autnonties and persons as it may consider necessary or ex- pedient and require them to make their submissions in respect of the representa- tion within sucn time as may be specified by the Tribunal; and every such sub- mission shall be in writing and shall be in the form of an affidavit.

(2) After the expiration of the timo specified for the receipt of submissions, the Tribunal shall rbc a date for the hearing of the representation and give notice of such date to the person making such representation, to the State Government or local authority, aa the case may be, and to every o.fficcr, authority or person who has made a submission an respect of such representation.

(3) On the date fixed for the hearing or on any other date to which the hear- ing may be adjourned, the Tribunal shall hear the parties concerned and make euch order thereon ag it deem3 fit.

(4) A copy of every order made by the Tribunal shall be furnished to the person making the representation, to the State Government or the local autho- rity concerned, and to every officer or authority or person who has made a sub- mission in respect of such representation.

9. Certain proceedings to be forwarded to the State Government.—When the Tribunal passes an order finally disposing of any case under the provisions of this Order, the proceedings thereof shall be forwarded to the State Government.

10. Procedure of Tribunal.—(1) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman from amongst the members thereof.

(2) Such of the matters other than those which are required to be heard and determined under sub-paragraph? (3) and (4) of this paragraph by a Divi- sion Bench or a Full Bench may be heard and determined .by a single member:

Provided that the member before whom the matter is posted for hearing may at any time, adjourn it for hearing and determination by a Division Bench or a Full Bench.

(3) Any matter the determination of which by the Tribunal involves any question of general application in relation to persons employed, not being any matter which is required to "be hoard and determined by a Full Bench under sub-paragraph (4) o* this paragraph, may be heard and determined by a Division Bench-

Provided that if both the members of a Bench agree that the determination involves a question of substantial importance, they may order that the matter or the question at¹ issue be referred to a Full Bench.

(4) A Full Bench shall be a Bench of any number not less than three of the members and the following matters may be heard and determined by a Full Bench, namely: —

(1) appointment or promotion to any post In respect of which the Tribunal exercises jurisdiction under this order;

(ii) seniority of persons employed in restpect of such posts;

(ill) the determination of all matters arising out of the intejrratlon of any services of tne State consequent on the provision's of the States Re- organisation Act, 1956 (37 of 1956).

(5);ft the members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the maiority, if there is a maiority, but if the members are equally divided, they shall settle the point or points on which they differ, and the case shall then be referred by the Chairman for hearing on such point or points by one or more of the members (other than those who have first heard such case) and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard.

(6) Subject to the provisions of this Order, the Tribunal shall have power to regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functions.

11. Power of Tribunal to summon and examine witnesses and direct produc- tion of documents.—The Tribunal shall, for the purposes of thi3 Order, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and in particular in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining

him on oath;

(b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d"J requisitioning any public record or copy thereof from any court or

office; and

(c) issuing commissions for examination of witnesses or documents.

12. Contempt of Tribunal.—The Tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

13. Staff of the Tribunal.—The State Government shall, after consultation with the Chairman, determine the number and categories of the officers and other em- ployees to be provided fnr the Tribunal and shall make available the services of such officers and other employees.

14. Transfer of proceedings from the High Court of Andhra Pradesh, etc., to the

Tribunal—01) Such of the proceedings pending—

(i) in the High Court of Andhra Pradesh; or (il) in any other civil court in that State, immediately before the commence- ment of this Order as are certified after such commencement bv the Chief Justice of that High Court or the District Judge exercising jurisdiction over such other court, as the case may be, having regard to the jurisdiction, powers and authority of the Tribunal and other circumstances, to be proceedings which ought to be heard and decided bv the Tribunal shall, as soon as may be, after such certification, be transferred to the Tribunal.

(2) Notwithstanding anytbinc contained in sub-paragraph (1) of this para- graph,—

(i) the High Court of Andhra Pradesh shall have and the Tribunal shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief In respect of any order passed by that High Court; or

(li) any other civil court in the State shall have and the Tribunal shall not have, jurisdiction to entertain, hear and dispose of applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed bv that court.

Explanation.—For the purposes of sub-paragraphs (1) and (2) of this paragraph— (a) proceeding^ shall be deemed to be pending in the High Couit of Andhra Pradesh or any other clvjl court in the State until that court has dis- posed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall in- clude appeals;

(b) references to the High Court of Andhra Pradesh shall be construed as including references to a judge or division court thereof, and refer- encea to an order made by a court or a judge shall be construed as

including references to a judgment or decree passed by that cbtirt or Judce,

15. Klffht to appear or to act in proceedings transferred to the Tribunal.—Any person who, immediately before the commencement of this order, is an advocate entitled to practice in the Hish Court of Andhra Piradesh and was authorised to appear or to act In any proceedings transferred from that Hijfh Court or from any ° ih er civil court within that State to the Tribunal under para"raph 14 of this order shall nave the right to appear or to act, as) the case mav be, before the Tribunal in relation to those proceedings.

[No. 3/5/AP/74.PoU(K)l

By order and in the name of

the President,

P. P. NAYYA1R, Jt. Secy.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 73