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Section 4 of CAT Act 1985 - Establishment of Administrative Tribunal

What is the provision for Establishment of Administrative Tribunal? Section 4 of Administrative Tribunals Act, 1985

Section 4 : Establishment of Administrative Tribunal

(1) The Central Government shall, by notification, establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, 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 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 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 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 upon 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.

 

 

 

CAT ACT 1985

Section 2 : Act not to apply to certain persons

Section 3 of CAT Act 1985 - Definitions

ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF

Section 4 of CAT Act 1985 - Establishment of Administrative Tribunal

Section 5 of CAT Act 1985 - Composition of Tribunals and Benches thereof

Section 6 of CAT Act 1985 - Qualifications for appointment as Chairman, Vice-Chairman or other Members

Section 7 of CAT Act 1985 - Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances

Section 8 of CAT Act 1985 - Term of office

Section 9 of CAT Act 1985 - Resignation and Removal

Section 10 of CAT Act 1985 - Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members

Section 10A of CAT Act 1985 - Saving terms and conditions of service of Vice-Chairman

Section 11 of CAT Act 1985 - Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc

Section 12 of CAT Act 1985 - Financial and administrative powers of the Chairman

Section 13 of CAT Act 1985 - Staff of the Tribunal

JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS

Section 14 of CAT Act 1985 - Jurisdiction, powers and authority of the Central Administrative Tribunal

Section 15 of CAT Act 1985 - Jurisdiction, powers and authority of State Administrative Tribunals

Section 16 of CAT Act 1985 - Jurisdiction, powers and authority of a Joint Administrative Tribunal

Section 17 of CAT Act 1985 - Power to punish for contempt

Section 18 of CAT Act 1985 - Distribution of business amongst the Benches

PROCEDURE

Section 19 of CAT Act 1985 - Applications to Tribunals

Section 20 of CAT Act 1985 - Application not to be admitted unless other remedies exhausted

 

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