The Administrative Tribunals Act, 1985
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 whether on it is based is such that it would have been, if it
has 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.
(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 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:
Provided that nothing in this sub-section shall
apply to any appeal pending as aforesaid before a High Court.
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 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 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.
(6) Every case pending before a Tribunal
immediately before the commencement of the Administrative Tribunals (Amendment)
Act, 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.