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Section 13 of the Administrative Tribunals Act, 1985 - Staff of the Tribunal

Section 13 of the Administrative Tribunals Act, 1985 deals with the officers and other employees who assist an Administrative Tribunal. It identifies who determines the nature and categories of Tribunal staff, places the staff under the general superintendence of the Chairman, and provides that their salaries, allowances and service conditions are governed by rules made by the appropriate Government.

Statutory text of Section 13

Amendment note: Subsection (1A) was inserted by the Administrative Tribunals (Amendment) Act, 1986 (Act 19 of 1986), section 10, with effect from January 22, 1986.

What Section 13 means

1. The Government determines the staffing structure

Subsection (1) authorizes the "appropriate Government" to determine the nature and categories of officers and employees required for a Tribunal and to provide such staff as it considers fit. In practical terms, the provision supplies the administrative foundation for staffing a Tribunal so that it can perform its adjudicatory and administrative functions.

2. Tribunal staff function under the Chairman's general superintendence

Subsection (1A) clarifies the internal supervisory position of Tribunal employees. Although the appropriate Government provides the staff, the officers and other employees discharge their functions under the general superintendence of the Chairman. This provision should be read with Section 12, which deals with the Chairman's financial and administrative powers.

3. Pay and service conditions are governed by rules

Subsection (2) provides that salaries, allowances and conditions of service of Tribunal officers and employees are to be specified by rules made by the appropriate Government. The corresponding rule-making authority appears in Section 36(b) of the Act, which permits the appropriate Government to make rules regarding the salaries, allowances and service conditions of Tribunal staff under Section 13(2).

Meaning of "appropriate Government"

For the purpose of applying Section 13, the expression "appropriate Government" has to be understood in accordance with the definitions and scheme of the Administrative Tribunals Act, 1985. Readers dealing with a specific Central, State or Joint Administrative Tribunal should therefore verify the applicable definition and the rules or notifications governing that Tribunal.

For statutory definitions, see Section 3 of the Administrative Tribunals Act, 1985.

Relationship with nearby provisions

• Section 12 concerns the financial and administrative powers of the Chairman.
• Section 13 concerns the Tribunal's officers and employees, their supervision and their service conditions.
• Section 14 deals with the jurisdiction, powers and authority of the Central Administrative Tribunal.
• Section 19 deals with applications to Tribunals.

Official legal resources

For the latest consolidated statutory text and official Tribunal information, consult the official sources below. If a rule, notification, service condition or administrative order is material to a case, verify the current text applicable on the relevant date.