Administrative Tribunals Act, 1985 (CAT Act)
The Administrative Tribunals Act, 1985 (Act 13 of 1985) provides the statutory framework for adjudication of specified service matters concerning recruitment and conditions of service through Administrative Tribunals constituted under Article 323A of the Constitution of India.
Purpose of the Act
The Act was enacted to provide for adjudication or trial by Administrative Tribunals of disputes and complaints concerning recruitment and conditions of service of persons appointed to public services and posts connected with the affairs of the Union, States and specified authorities, corporations or societies owned or controlled by Government, together with connected and incidental matters.
Section 1 - Short title, extent and commencement
(1) This Act may be called the Administrative Tribunals Act, 1985.
(2) Insofar as it relates to the Central Administrative Tribunal, the Act extends to the whole of India. The former State-specific exclusion has been omitted from the current consolidated text.
(3) The provisions relating to the Central Administrative Tribunal came into force on the date appointed by Central Government notification.
(4) Provisions relating to an Administrative Tribunal for a State come into force in that State on the date appointed by Central Government notification.
Key provisions at a glance
For service-law disputes, the provisions most frequently consulted include Section 14 on CAT jurisdiction, Section 19 on applications, Section 20 on exhaustion of other remedies, Section 21 on limitation, Section 22 on procedure and powers, Section 24 on interim orders and Section 27 on execution of Tribunal orders.
Preliminary
Establishment of Tribunals and Benches
- 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
- 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
- Section 21 of CAT Act 1985 - Limitation
- Section 22 of CAT Act 1985 - Procedure and powers of Tribunals
- Section 23 of CAT Act 1985 - Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers
- Section 24 of CAT Act 1985 - Conditions as to making of interim orders
- Section 25 of CAT Act 1985 - Power of Chairman to transfer cases from one Bench to another
- Section 26 of CAT Act 1985 - Decision to be by majority
- Section 27 of CAT Act 1985 - Execution of orders of a Tribunal
Miscellaneous
- Section 28 of CAT Act 1985 - Exclusion of jurisdiction of courts except the Supreme Court
- Section 29 of CAT Act 1985 - Transfer of pending cases
- Section 29A of CAT Act 1985 - Provisions for filing of certain appeals
- Section 30 of CAT Act 1985 - Proceedings before a Tribunal to be judicial proceedings
- Section 31 of CAT Act 1985 - Members and staff of Tribunal to be public servants
- Section 32 of CAT Act 1985 - Protection of action taken in good faith
- Section 33 of CAT Act 1985 - Act to have overriding effect
- Section 34 of CAT Act 1985 - Power to remove difficulties
- Section 35 of CAT Act 1985 - Power of the Central Government to make rules
- Section 36 of CAT Act 1985 - Power of the appropriate Government to make rules
- Section 36A of CAT Act 1985 - Power to make rules retrospectively
- Section 37 of CAT Act 1985 - Laying of rules