28. Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the
Constitution.—On and from the date from which any jurisdiction, powers and authority becomes
exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to
any Service or post or service matters concerning members of any Service or persons appointed to any
Service or post, 3
[no court except—
(a) the Supreme Court; or
(b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial
Disputes Act, 1947 (14 of 1947) or any other corresponding law for the time being in force,
shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment
or matters concerning such recruitment or such service matters.
29. Transfer of pending cases.—(1) Every suit or other proceeding pending before any court or
other authority immediately before the date of establishment of a Tribunal under this Act, being a suit or
proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after
such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such
Tribunal:
Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High
Court 4***.
(2) Every suit or other proceeding pending before a court or other authority immediately before the
date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other
authority or corporation 5
[or society], being a suit or proceeding the cause of action whereon it is based is
such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal,
shall stand transferred on that date to such Tribunal:
1. Subs. by Act 19 of 1986, s. 17, for sections 25 and 26 (w.e.f. 22-1-1986).
2. Subs. by s. 18, ibid., for “the order of a Tribunal finally disposing of an application” (w.e.f. 22-1-1986).
3. Subs. by s. 19, ibid., for “no court (except the Supreme Court under article 136 of the Constitution) shall have”
(w.e.f. 1-11-1985).
4. The words “or the Supreme Court” omitted by s. 20, ibid. (w.e.f. 22-1-1986).
5. Ins. by s. 20, ibid. (w.e.f. 22-1-1986).
16
Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High
Court 1***
Explanation.—For the purposes of this sub-section “date with effect from which jurisdiction is
conferred on a Tribunal”, in relation to any local or other authority or corporation 2
[or society], means the
date with effect from which the provisions of sub-section (3) of section 14 or, as the case may be,
sub-section (3) of section 15 are applied to such local or other authority or corporation 2
[or society].
(3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or
more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases
pending before such State Tribunal or State Tribunals immediately before the said date together with the
records thereof shall stand transferred on that date to such Joint Administrative Tribunal.
Explanation.—For the purposes of this sub-section, “State Tribunal” means a Tribunal established
under sub-section (2) of section 4.
(4) Where any suit, appeal or other proceeding stands transferred from any court or other authority to
a Tribunal under sub-section (1) or sub-section (2),—
(a) the court or other authority shall, as soon as may be after such transfer, forward the records of
such suit, appeal or other proceeding to the Tribunal; and
(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other
proceeding, so far as may be, in the same manner as in the case of an application under section 19
from the stage which was reached before such transfer or from any earlier stage or de novo as the
Tribunal may deem fit.
(5) Where any case stands transferred to a Joint Administrative Tribunal under sub-section (3), the
Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached
before it stood so transferred.
3
[(6) Every case pending before a Tribunal immediately before the commencement of the
Administrative Tribunals (Amendment) Act, 1987 (51 of 1987), being a case the cause of action whereon
it is based is such that it would have been, if it had arisen after such commencement, within the
jurisdiction of any court, shall, together with the records thereof, stand transferred on such
commencement to such court.
(7) Where any case stands transferred to a court under sub-section (6), that court may proceed to deal
with such case from the stage which was reached before it stood so transferred.]
4
[29A. Provision for filing of certain appeals.—Where any decree or order has been made or passed
by any court (other than a High Court) in any suit or proceeding before the establishment of a Tribunal,
being a suit or proceeding the cause of action whereon it is based is such that it would have been if it had
arisen after such establishment, within the jurisdiction of such Tribunal, and no appeal has been preferred
against such decree or order before such establishment and the time for preferring such appeal under any
law for the time being in force had not expired before such establishment, such appeal shall lie—
(a) to the Central Administrative Tribunal, within ninety days from the date on which the
Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President, or within
ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from its establishment or within ninety days from
the date of receipt of the copy of such decree or order, whichever is later.]
30. Proceedings before a Tribunal to be judicial proceedings.—All proceedings before a Tribunal
shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian
Penal Code (45 of 1860).
1. The words “or the Supreme Court” omitted by Act 19 of 1986, s. 20 (w.e.f. 22-1-1986).
2. Ins. by s. 20, ibid. (w.e.f. 22-1-1986).
3. Ins. by Act 51 of 1987, s. 5 (w.e.f. 22-12-1987).
4. Ins. by Act 19 of 1986, s. 21 (w.e.f. 22-1-1986).
17
31. Members and staff of Tribunal to be public servants.—The 1
[Chairman and other Members]
and the officers and other employees provided under section 13 to a Tribunal shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
32. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Central or State Government or against the Chairman, 2*** or other Member of any Central
or Joint or State Administrative Tribunal, or any other person authorised by such Chairman, 2*** or other
Member for anything which is in good faith done or intended to be done in pursuance of this Act or any
rule or order made thereunder.
33. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
34. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing
the difficulty.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
35. Power of the Central Government to make rules.—(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:—
(a) the case or cases which shall be decided by a Bench composed of more than 3
[two members]
under clause (d) of sub-section (4) of section 5;
(b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or
incapacity of 4
[Chairman or other Member];
(c) the salaries and allowances payable to, and the other terms and conditions of, the
5
[Chairman and other Members];
(d) the form in which an application may be made under section 19, the documents and other
evidence by which such application shall be accompanied 6
[and the fees payable in respect of the
filing of such application or for the service or execution of processes;]
(e) the rules subject to which a Tribunal shall have power to regulate its own procedure under
sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise
the powers of a civil court under clause (i) of sub-section (3) of that section; and
(f) any other matter which may be prescribed or in respect of which rules are required to be made
by the Central Government.
36. Power of the appropriate Government to make rules.— The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:—
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over
the 7*** Benches of the Tribunal under section 12;
(b) the salaries and allowances and conditions of service of the officers and other employees of a
Tribunal under sub-section (2) of section 13; and
1. Subs. by Act 1 of 2007, s. 13, for “Chairman, Vive-Chairman and other Members” (w.e.f. 19-2-2007).
2. The word “Vice-Chairman” omitted by s. 14, ibid. (w.e.f. 19-2-2007).
3. Subs. by Act 19 of 1986, s. 22, for “three Members” (w.e.f. 22-1-1986).
4. Subs. by Act 1 of 2007, s. 15, for “Chairman, Vice-Chairman or other Member” (w.e.f. 19-2-2007).
5. Subs. by s. 15, ibid., for “Chairman, Vice-Chairman and other Member” (w.e.f. 19-2-2007).
6. Subs. by Act 19 of 1986, s. 22, for “and the fees payable in respect of such application” (w.e.f. 22-1-1986).
7. The words “principal Bench and the additional” omitted by s. 23, ibid. (w.e.f. 22-1-1986).
18
(c) any other matter not being a matter specified in section 35 in respect of which rules are
required to be made by the appropriate Government.
1
[36A. Power to make rules retrospectively.—The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
37. Laying of rules.—(1) Every rule made under this Act by the Central Government shall be laid, as
soon as may be after it is made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
(2) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.