Questions and Answers
What is the short title of the Act discussed?
Administrative Tribunals Act, 1985
What is the extent of the Administrative Tribunals Act, 1985?
The Administrative Tribunals Act, 1985 applies to private sector employees.
False
When was the Administrative Tribunals Act enacted?
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What are the key disputes that the Administrative Tribunals adjudicate?
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Which article of the Constitution is mentioned in relation to the Administrative Tribunals?
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The Act is also known as Act No. ___ of 1985.
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Study Notes
Overview of the Administrative Tribunals Act, 1985
- Enacted on February 27, 1985, to facilitate the adjudication of disputes related to public service recruitment and conditions in India.
- Governs the establishment of Administrative Tribunals for efficient handling of complaints regarding public services.
Chapter I: Preliminary
- Short Title: Known as the Administrative Tribunals Act, 1985.
- Extent & Commencement: Applicable throughout India, with provisions for the Central Administrative Tribunal to be notified by the government for enforcement.
Chapter II: Establishment of Tribunals and Benches
- Establishment: Administrative Tribunals established at the central and state levels.
- Composition: Tribunals consist of a Chairman, Vice-Chairman, and other members.
- Qualifications: Specific eligibility criteria for appointment of Chairpersons and members outlined.
- Tenure: Terms of office, including resignation and removal procedures for members, are defined.
- Financial Powers: The Chairman holds significant financial and administrative authority.
- Staffing: Provisions for appointing necessary administrative staff for the tribunals.
Chapter III: Jurisdiction, Powers, and Authority
- Central Administrative Tribunal: Has jurisdiction over central government employees.
- State Administrative Tribunals: Established for respective state government employees.
- Joint Administrative Tribunal: Covers cases involving multiple states.
- Contempt Powers: Tribunals have the authority to punish for contempt, ensuring respect for their orders.
Chapter IV: Procedure
- Applications: Applicants must exhaust other remedies before approaching tribunals.
- Limitation Period: Specific timelines for filing applications are established.
- Representation: Applicants can seek legal assistance, while the government can appoint presenting officers.
- Interim Orders: Conditions for granting interim relief are outlined.
- Case Transfers: Chairperson has the power to transfer cases between benches.
- Decision-Making: Decisions are reached by majority vote among tribunal members.
Chapter V: Miscellaneous Provisions
- Exclusion of Court Jurisdiction: Courts, except for the Supreme Court under Article 136, have no jurisdiction over matters handled by the tribunals.
- Pending Cases: Provisions for the transfer of ongoing cases to the newly established tribunals.
- Judicial Proceedings: Proceedings before a tribunal are recognized as judicial in nature.
- Public Servant Status: Members and staff of tribunals are considered public servants, granting them certain protections.
- Good Faith Protection: Actions taken in good faith by tribunal members are protected from legal action.
- Overriding Effect: The Act holds precedence over other laws, ensuring that its provisions are paramount in administrative matters.
Regulatory Powers
- Central and State Governments: Empowered to create rules related to the functioning of the administrative tribunals.
- Retrospective Rules: Provisions exist for rules to be made retrospective where necessary.
- Overcoming Difficulties: Authorities can take steps to resolve any issues in implementing the Act effectively.
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Description
This quiz covers the key aspects of the Administrative Tribunals Act of 1985, including its preliminary sections and definitions. Participants will explore the provisions for the establishment of tribunals and their functioning as outlined in the Act. A great resource for legal studies and understanding administrative law.
