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2010-09-14

The Kerala Administrative Tribunal (procedure) Rules 2010

Act Short Title:	The Administrative Tribunals Act, 1985
Act ID:	198513
Act Number:	13
Enactment Date:	1985-02-27
Act Year:	1985
Long Title:	An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts 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 of any corporation or society owned or controlled by the Government in pursuance of article 323A of the Constitution and for matters connected therewith or incidental thereto.
Enforcement Date:	01-07-1985
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Related Section(s)

Section 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 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];

(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).

Section 13 : Staff of the Tribunal.

(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).

Section 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 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).