Search Results on rules for query: "Karnataka Administrative Tribunal (Procedure) Rules, 1986"
Related Section(s)In this Act, unless the context otherwise requires,--
1[(a) "Administrative Member" means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);] 2[(aa)] "Administrative Tribunal", in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or States; (b) "application" means an application made under section 19; (c) "appointed day", in relation to a Tribunal, means the date with effect from which it is established, by notification, under section 4; (d) "appropriate Government" means,-- (i) in relation to the Central Administrative Tribunal or a Joint Administrative Tribunal, the Central Government; (ii) in relation to a State Administrative Tribunal, the State Government; (e) "Bench" means a Bench of a Tribunal; (f) "Central Administrative Tribunal" means the Administrative Tribunal established under sub-section (1) of section 4; (g) "Chairman" means the Chairman of a Tribunal; (h) "Joint Administrative Tribunal" means an Administrative Tribunal for two or more States established under sub-section (3) of section 4; 3[(i) "Judicial Member" means a Member of a Tribunal appointed as such under this Act, and includes 4[the Chairman] who possesses any of the qualifications specified in sub-section (3) of section 6; (ia) "Member" means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman 5***;] (j) "notification" means a notification published in the Official Gazette; (k) "post" means a post within or outside India; (l) "prescribed" means prescribed by rules made under this Act; (m) "President" means the President of India; 6* * * * * (o) "rules" means rules made under this Act; (p) "service" means service within or outside India; (q) "service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation 7[or society] owned or controlled by the Government, as respects-- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever; (r) "service rules as to redressal of grievances", in relation to any matter, means the rules, regulations, orders or other instruments or arrangements as in force for the time being with respect to redressal, otherwise than under this Act, of any grievances in relation to such matters; 8[(rr) "society" means a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State;] (s) "Supreme Court" means the Supreme Court of India; (t) "Tribunal" means the Central Administrative Tribunal or a State Administrative Tribunal or a Joint Administrative Tribunal; 9[(u) "Vice-Chairman" means a Member who has been authorised by the appropriate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up. Explanation.--In the case of a Tribunal having two or more Vice-Chairmen, references to the Vice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairmen.
1. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986)
2. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 22-1-1986). 3. Subs. by Act 19 of 1986, s. 4, for clause (i) (w.e.f. 22-1-1986) 4. Subs. by Act 1 of 2007, s. 2, for "the Chairman or a Vice-Chairman" (w.e.f. 19-2-2007). 5. The words "and a Vice-Chairman" omitted by s. 2, ibid. (w.e.f. 19-2-2007). 6. Clause (n) omitted by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 7. Ins. by s. 4, ibid. (w.e.f. 22-1-1986). 8. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 9. Subs. by Act 1 of 2007, s. 2, for clause (u) (w.e.f. 19-2-2007). (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 1[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 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[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 4[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.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). The provisions of this Act shall not apply to--
(a) any member of the naval, military or air forces or of any other armed forces of the Union; 1* * * * * (c) any officer or servant of the Supreme Court or of any High Court 2[or courts subordinate thereto]; (d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union territory having a Legislature, of that Legislature.
1. Clause (b) omitted by Act 19 of 1986, s. 3 (w.e.f. 1-11-1985).
2. Ins. by Act 51 of 1987, s. 2 (w.e.f.22-12-1987). (1) The Central Government shall, by notification,
establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, to exercise the
jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the.......(name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act. (3) Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act. (4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the 1[Chairman and other Members] of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. 2[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,-- (a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act. (6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.]
1. Subs. by s. 3, ibid., for "Chairman, Vice-Chairman and other Members" (w.e.f. 19-2-2007).
2. Ins. by Act 19 of 1986, s. 5 (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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 1*** 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 (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. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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