ACT & ORDINANCES
THE ASSAM ADMINISTRATIVE TRIBUNAL ACT, 1977
To provide for the constitution of a Tribunal to adjudicate disputes in respect of certain conditions of service of certain classes of Civil servants of the State.
It is hereby enacted in the Twenty-eighth year of the
Short title, extent and commencement
1. (1) This Act may be called the Assam Administrative Tribunal Act, 1977.
(2) It shall extend to the whole come in to force on the Third day of January 1977.
(3) It shall be deemed to have come in to force on the Third day of January 1977.
2. In this Act unless the Context otherwise requires:
(a) Chairman means the Chairman of the Tribunal;
(b) Civil servant means a person who is or has been a member of a civil service or who holds or has held a civil post in connection with affairs of the State of Assam and includes any such person on foreign service, a person whose services have been temporarily placed at the disposal of a local or other authority, any person in the service of a local or other authority whose services has been temporarily placed at the disposal of the State Government, a person in service under the Stet Government on contract and a person who has retired from the Government service elsewhere and has been re-employed under the State Government but does not include employees of the Gauhati High Court, employees of the Assam Legislative Assembly Secretariat, employees of the Assam Public Service Commission, persons in the All India Service and other Civil Services of the Indian Union, or person of Civil Services of other State Government serving on deputation in Assam.
(c) Civil service means the civil services of the State of Assam and such other services as may be specified by the State Government from time to time by notification, but shall not include
(i) Services under the Gauhati High Court;
(ii) Services under the Assam Legislative Assembly;
(iii) Services under the Assam Public Service Commission;
(d) Competent authority means any officer or other authority having power to pass any order whether original, appellate or revisional, under any service rule, executive instruction or order, general or special, of the State Government in respect of any conditions of services of a civil servant;
(e) Conditions of service includes all matters relating to the
(i) Appointment, seniority, confirmation and termination of service of civil servant;
(ii) Censure, withholding of increments or promotion, recovery from pay of any loss to the Government, reduction to a lower service, grade or post, or to a lower time scale, or to a lower stage in a time scale, denial or variation of pension or denial of the maximum pension;
(f) Member means a member of the Tribunal and includes the Chairman;
(g) Notification means a notification published in the Assam Gazette;
(h) Prescribed means prescribed by rules under this Act;
(i) State Government means the of Government Assam;
(j) Tribunal means the Assam Administrative Tribunal constituted under Section 3 of this Act.
Constitution of the Tribunal
3. (1) State Government shall constitute for the State of Assam a Tribunal to be known as the Assam Administrative Tribunal.
(2) The Tribunal consist of three members to be appointed by the State Government.
(3) The State Government shall appoint one of the members of the Tribunal to act as the Chairman thereof.
(4) The Chairman shall be a person who at time of appointment to the Tribunal is a senior administrator with wide experience and of the other to members, one shall have experience in legal affairs and the other shall have experience in technical matters none being lowr in the rank than Secretary to State Government.
(5) No person shall be retained as a member of the Tribunal after he has attained the age of sixty years.
(6) The salary and allowances of the members of Tribunal shall be such as may be prescribed.
(7) The principal seat of the Tribunal shall be at Gauhati but the Tribunal may also sit at such other place or places as the Chairman may, from time to time specify.
4. (1) Save as otherwise expressly provided in sub-section (2) below the Tribunal shall have jurisdiction to entertain and disposed of appeals preferred by civil servant against any order passed by a competent authority in respect of any condition of service.
(2) Notwithstanding anything contained in sub-section (1) above, the Tribunal shall have o jurisdiction with respect to any order passed, when civil servant has not availed of all the remedies available to him under the relevant service rules executive instructions or orders:
Provided that notwithstanding anything contained in the above paragraph the Tribunal may entertain an appeal from a civil servant, if any appeal revision petition or representation filed by him under the relevant service rules before the competent authority has not been finally disposed of by the competent authority within a period of six months from the date of filing such appeal, revision petition or representation.
(3) Notwithstanding anything contained in sub-section (1) above, the Tribunal shall have no jurisdiction to entertain and dispose of appeals against any order passed by a competent authority under Article 311 (2) provision (a), (b) and (c) as also under F.R. 56 (b).
5. No appeal shall a lie to the Tribunal after the expiry of 60 das from the date of the order appealed against:
Provided that the Tribunal may entertain an appeal after the expiry of sixty days from date of passing the order if the Tribunal is satisfied that the Civil servant was prevented by any sufficient cause from preferring the appeal within the aforesaid period.
Powers of the Tribunal
6. The Tribunal shall, for the purpose of the disposal of an appeal have all the powers of a civil court for the trial of a suit under the Code of Civil Procedure, 1908 (5 of 1908) 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 documents;
(c) Receiving evidence on affidavit;
(d) Requisitioning any public record or copy thereof from any court of office; and
(e) Issuing commissions for examination of witnesses or documents.
Amendment of decisions or orders
7. Clerical or arithmetical mistakes in decision or order or errors arising therein from any accidental slip or omission may at any time be corrected by the Tribunal either of is own motion or on the application of any of the parties.
Procedure before Tribunal
8. (1) Subject to the provisions of this Act and the rules framed there under the Tribunal shall have power to regulate its own procedure and for the constitution of Benches, if any, for the disposal of all matters arising out of the exercise of its powers under the provisions of this Act.
(2) At least two of the Members of the Tribunal will hear and pass orders on appeals preferred before the Tribunal.
(3) The decision of the majority of the member present and hearing the matter shall be the decision of he Tribunal. Where the members are equally divided in their opinion, the appeal would be heard and decided by all the members and the decision arrived at by the majority opinion of all the members shall be the decision of the Tribunal.
(4) The Tribunal shall have power to confirm, modify or reverse the order against which the appeal is preferred or to remand the matter for a fresh decision by the competent authority passing the order in accordance with such directions, if any, as may be given by the Tribunal.
Finality of decision and bar of suit, powers of review of its own order and transfer of pending proceedings
9. (1) (a) The order of the Tribunal passed in any appeal under the provisions of the Act shall be final.
(b) Notwithstanding anything contained in sub-section (1) (a) above, the Tribunal may, on the application of any of the parties, review its own decision or order in any case and may pass such order as it thinks fit:
Provided that no such decision or order shall be reviewed unless notice has been given to the opposite parties to appear and to show cause why such order or decision should not be reviewed:
Provided further that an application for review under sub-section (1) (b) shall be made within thirty days from the date of decision or order of the Tribunal.
(2) Notwithstanding anything contained in any law no civil court or other authority shall entertain any civil suit or other proceedings with respect to any of the matters which fall within the jurisdiction of the Tribunal or question in any form any order passed by the Tribunal in any appeal or review with respect to any matter when an appeal could have been preferred under the provisions of this Act or with respect to any other matter which arises out of the exercise of powers under this Act.
(3) Notwithstanding anything contained in any law no civil court or other authority shall entertain any civil suit or other proceedings with respect to any of the matters which fall within the jurisdiction of the Tribunal or question in any form any order passed by the Tribunal in any appeal or review with respect to any matter when an appeal could have been preferred under the provisions of this Act or with respect to any other matter which arises out of the exercise of powers under this Act.
(4) The decision of the Tribunal shall be implemented within such reasonable time as may be specified by the Tribunal.
Representation before Tribunal
10. The Government, the competent authority as well as the civil servant preferring any appeal shall have the right to be represented before the Tribunal through a duly authorised representative or by an Advocate.
11. (1) 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 (Central Act 2 of 1974) and the Contempt of Courts Act, 1971 (Central Act 70 of 1971).
(2) The proceedings before the Tribunal shall be deemed to be a judicial Proceeding within the meaning of Section 193 of Indian Penal Code, 1860 (Central Act No. 45 of 1860).
Power to make rules
12. (1) The State Government may, by notification in the official Gazette make rules for the purposes of giving effect to the provisions of this Act.
(2) All rules made under this Section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible after they are made and shall be subject to such modifications as the Legislative Assembly may make during the section in which they are so laid or the section immediately following.
Power to make regulation by the Tribunal
13. (1) Subject to the previous sanction of the State Government, the Tribunal shall, from time to time frame regulations consistent with the provisions of this Act and rules made under Section 12 for regulating its procedure and disposal of its business.
(2) The regulations made under sub-section (1) shall be published in the Assam Gazette.
Repeal and Savings
14. (1) The Assam Administrative Tribunal Ordinance 1976, is hereby repealed.
(2) Notwithstanding such repeal, any order, passed notifications issued, anything done or any action taken under the Assam Administrative Tribunal Ordinance, 1976, shall be deemed to have been passed, issued, done or taken under the corresponding provisions of this Act.