Section 29A of the Administrative Tribunals Act, 1985 - Provision for Filing of Certain Appeals
Section 29A of the Administrative Tribunals Act, 1985 is a transitional provision dealing with certain appeals from decrees or orders passed by courts before the establishment of the relevant Administrative Tribunal.
Updated: 14 September 2026
- It applies to a decree or order passed by a court other than a High Court before the relevant Tribunal was established.
- The underlying dispute must be one that would have fallen within the Tribunal's jurisdiction if the cause of action had arisen after its establishment.
- No appeal must already have been filed before the Tribunal was established.
- The ordinary appeal period must not have expired before the Tribunal was established.
- The section specifies a special 90-day period for filing the appeal before the Central Administrative Tribunal or another covered Tribunal.
What does Section 29A mean?
Section 29A addresses a change of forum caused by the creation of Administrative Tribunals. It covers a limited class of cases in which a court had already passed a decree or order before the Tribunal came into existence, but an appeal had not yet been filed and the pre-existing appeal period was still alive.
In that situation, where the subject matter would have fallen within the Tribunal's jurisdiction after its establishment, Section 29A directs the appeal to the Tribunal instead of allowing the transition in forum to defeat the appellate remedy.
Text and effect of Section 29A
Section 29A - Provision for filing of certain appeals.
Where a decree or order was made or passed by a court, other than a High Court, in a suit or proceeding before the establishment of a Tribunal, and the cause of action would have been within that Tribunal's jurisdiction if it had arisen after the Tribunal was established, an appeal is to lie to the Tribunal where the statutory conditions are met.
For the Central Administrative Tribunal, the provision prescribes ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 received Presidential assent, or ninety days from receipt of the copy of the decree or order, whichever is later. For any other covered Tribunal, it provides ninety days from the Tribunal's establishment or ninety days from receipt of the copy of the decree or order, whichever is later.
The official bare Act should always be consulted for the exact statutory wording. See the official sources in the right-hand panel.
Conditions for Section 29A to apply
- There must be a decree or order: The provision begins with a decree or order already passed in a suit or proceeding.
- The order must be from a court other than a High Court: Section 29A expressly excludes a High Court decree or order from this transitional route.
- The decree or order must pre-date the Tribunal: The suit or proceeding must have resulted in the relevant decree or order before establishment of the Tribunal.
- The subject matter must fall within Tribunal jurisdiction: The cause of action must be of a kind that would have been within the Tribunal's jurisdiction had it arisen after the Tribunal was established.
- No appeal must already have been preferred: The appeal must still be unfiled when the Tribunal was established.
- The original limitation period must still have been running: The time for filing the appeal under the otherwise applicable law must not have expired before establishment of the Tribunal.
Time limit under Section 29A
| Forum | Special period stated in Section 29A |
|---|---|
| Central Administrative Tribunal | Within 90 days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 received Presidential assent, or within 90 days from receipt of the copy of the decree or order, whichever is later. |
| Any other Tribunal covered by the provision | Within 90 days from establishment of that Tribunal, or within 90 days from receipt of the copy of the decree or order, whichever is later. |
Section 29A and present-day judicial review
Section 29A deals with a particular historical transition from court proceedings to the Tribunal system. The present constitutional position on review of Tribunal decisions is also shaped by the Supreme Court's decision in L. Chandra Kumar v. Union of India, which recognizes the High Courts' judicial review jurisdiction under Articles 226 and 227 of the Constitution over decisions of Tribunals constituted under Articles 323A and 323B.
Accordingly, a person dealing with a current CAT order should not treat Section 29A as a general appeal provision. The correct remedy depends on the nature of the order, the applicable constitutional and statutory framework, limitation, territorial jurisdiction and subsequent case law.
Relationship with Section 29
Section 29 of the Administrative Tribunals Act, 1985 deals with transfer of specified pending cases to a Tribunal. Section 29A complements that transition by addressing certain appeals where a decree or order had already been passed before the Tribunal was established but the appeal had not yet been preferred.
Practical checklist
- Identify the date of the decree or order.
- Confirm that the order was passed by a court other than a High Court.
- Identify the date on which the relevant Tribunal was established or acquired jurisdiction.
- Check whether an appeal had already been filed before that date.
- Check whether the ordinary appeal period was still open before establishment of the Tribunal.
- Verify the applicable 90-day period under clause (a) or clause (b).
- Consult the current bare Act and applicable case law before filing.
Frequently asked questions
Does Section 29A apply to orders of a High Court?
No. The text expressly refers to a decree or order made by a court other than a High Court.
Is Section 29A the normal appeal provision against a CAT order?
No. Section 29A is a transitional provision concerning specified pre-Tribunal court decrees or orders. Challenges to present-day Tribunal decisions must be considered under the current constitutional and statutory framework.
Why does Section 29A mention 90 days?
The provision created a special filing window during the transition to the Tribunal system. The starting point differs for the Central Administrative Tribunal and other covered Tribunals, and the section also refers to the date of receipt of the copy of the decree or order.
Where can the official Act be checked?
The Administrative Tribunals Act, 1985 can be checked on India Code and on the official Central Administrative Tribunal website. Official links are provided in the sidebar.