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

What is the Composition of Tribunals and Benches thereof? Section 5 of Administrative Tribunals Act, 1985

Section 5 : Composition of Tribunals and Benches thereof

(1) Each Tribunal shall consist of a [Chairman and such number of Judicial and Administrative Members] as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.

[(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.]

[***] Sub-section (3) omitted by Act 19 of 1986, sec. 6 (w.r.e.f. 1.11.1985).

(4) Notwithstanding anything contained in sub-section (1), the Chairman-

 

(a) may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench;

(b) may transfer a Member from one Bench to another Bench;

(c) may authorize the Judicial Member or the Administrative Member appointed to one Bench to discharge also the functions of the [Judicial Member or the Administrative Member, as the case may be,] of another Bench; and’;

(d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by a Bench composed of more than [two Members] issue such general or special orders, as he may deem fit:

[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.

(6) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorized by the Chairman in this behalf to function as [a Bench] consisting of a Single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify:

Provided that if at any stage of the hearing of any such case or matter it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of [two Members], the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer to, such Bench as the Chairman may deem fit.

(7) Subject to the other provisions of this Act, the Benches of the Central Administrative Tribunal shall ordinarily sit at New Delhi (which shall be known as the Principal Bench), Allahabad, Calcutta, Madras, New Bombay and at such other places as the Central Government may, by notification, specify.

(8) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.

 

 

 

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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