The Administrative Tribunals Act, 1985
4. Establishment of Administrative Tribunals.
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(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...... (name of the
State) Administrative Tribunal to exercise the jurisdiction, power 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, power and authority conferred on the Administrative
Tribunal 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 Chairman, Vice-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.
(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 the 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 States established under the provisions of
Art. 323-A 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.