Section 31 of the Administrative Tribunals Act, 1985: Members and Staff of Tribunal to Be Public Servants
Section 31 of the Administrative Tribunals Act, 1985 declares the Chairman, other Members, officers and other employees provided to a Tribunal under Section 13 to be public servants. This provision gives statutory public-servant status to the persons who perform the adjudicatory and administrative functions of the Tribunal.
Last updated: 14 September 2026
Text of Section 31
Section 31 - Members and staff of Tribunal to be public servants.
The Chairman and other Members and the officers and other employees provided under section 13 to a Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
The official India Code text of the Administrative Tribunals Act, 1985 continues to reproduce Section 31 in the above form. For the authoritative Act, see The Administrative Tribunals Act, 1985 on India Code.
What Section 31 Means
In simple terms, Section 31 places the Chairman, Members and Tribunal staff within the legal category of public servants for the purposes contemplated by law. The provision does not merely describe their employment status; it creates a statutory deeming rule so that persons covered by the section are treated as public servants.
Key point: Section 31 covers two broad groups: the Chairman and other Members of the Tribunal, and the officers and other employees who are provided to the Tribunal under Section 13.
Connection with Section 13 of the Administrative Tribunals Act
Section 31 expressly refers to officers and other employees provided under Section 13. Section 13 deals with the staff of a Tribunal and the provision of officers and employees necessary for the discharge of its functions. The reference ensures that Tribunal personnel working in those statutory posts are included within Section 31.
The relationship between the two provisions is therefore straightforward: Section 13 concerns the staffing structure, while Section 31 attaches public-servant status to the Members and staff covered by the Act.
Current Legal Position After the Bharatiya Nyaya Sanhita, 2023
Important current-law note: Section 31 of the Administrative Tribunals Act still contains a textual reference to Section 21 of the Indian Penal Code, 1860. The Indian Penal Code was repealed by Section 358 of the Bharatiya Nyaya Sanhita, 2023, which came into force on 1 July 2024.
The Bharatiya Nyaya Sanhita, 2023 now defines "public servant" in Section 2(28). Its definition includes, among other categories, Judges and persons empowered by law to discharge adjudicatory functions. See The Bharatiya Nyaya Sanhita, 2023 on India Code.
The transition from the IPC to the BNS should also be read with the statutory rules governing repeals and re-enactments. Section 8 of the General Clauses Act, 1897 provides, subject to a contrary intention, for references to repealed provisions to be construed as references to the re-enacted provisions. The BNS itself also contains repeal-and-savings provisions in Section 358. See The General Clauses Act, 1897 on India Code.
Accordingly, the safest way to present Section 31 is to reproduce its current statutory wording exactly, while separately explaining the post-1 July 2024 BNS framework. The wording of Section 31 should not be altered in an unofficial reproduction unless Parliament amends the Act.
Why Public-Servant Status Matters
Public-servant status is relevant because several legal provisions attach duties, protections, liabilities or consequences to persons acting in an official public capacity. Section 31 removes uncertainty about whether the Tribunal's Chairman, Members, officers and specified staff fall within that legal category.
The provision should be read together with the rest of Chapter V and the miscellaneous provisions of the Administrative Tribunals Act, particularly Section 30, which treats proceedings before a Tribunal as judicial proceedings, and Section 32, which protects action taken in good faith.
Frequently Asked Questions
Are Members of the Central Administrative Tribunal public servants?
Yes. Section 31 expressly deems the Chairman and other Members of a Tribunal to be public servants.
Does Section 31 also cover Tribunal employees?
Yes. It covers officers and other employees provided to a Tribunal under Section 13 of the Administrative Tribunals Act, 1985.
Why does Section 31 still mention Section 21 IPC?
The official text of the Administrative Tribunals Act still contains that original cross-reference. The IPC was repealed from 1 July 2024 by the Bharatiya Nyaya Sanhita, 2023. The current position therefore has to be understood with the BNS definition of public servant and the statutory rules concerning repeal, savings and re-enactment.
Where can the official text be checked?
The authoritative central legislation can be checked on India Code, and information about the Tribunal can be checked on the official Central Administrative Tribunal portal.