Andhra Pradesh Administrative Tribunal order, 1975

0
342

Preamble

ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL ORDER, 19751

1. Published in the Gazette of India, Extraordinary, Pt II, Sec. 3 (i), dated 19th May, 1975.

G.S.R. 285 (E).

In exercise of the powers conferred by clauses (3) and (4) of article 371-D of the Constitution the President hereby makes the following Order namely:

1. Short title and commencement

(1) There rules may be called the Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Interpretation

(1) In this Order, unless the context otherwise requires,—

(a) “Bench” means a Bench of the Tribunal;

(b) “Chairman” means the Chairman of the Tribunal.

(c) “Member” means a member of the Tribunal and includes the Chairman;

(d) “Person employed” means an individual, in relation to whom the Tribunal has jurisdiction in respect of the matters specified in the paragraph 6 of this order;

(e) “State” means the State of Andhra Pradesh.

(f) “State Government” means the Government of Andhra Pradesh;

(g) “Tribunal” means the Andhra Pradesh Administrative Tribunal constituted under paragraph 3 of this order;

(h) “Village Officer” means any person who holds any of the village offices headman, Munsif Reddy, Monigar, Peddakapu, Patel Karanam, Patwari, Neerganti, Neerahi, Vetti, Kawalkar, Toti, Talayari, Tandalgar, Sethsindhi or any other village office, by whatever designation it may be locally known.

(2) The General Clauses Act, 1897 (10 of 1897), applies for the interpretation of this order as it applies for the interpretation of a Central Act.

3. Constitution of the Andhra Pradesh Administrative Tribunal

(1) There shall be constituted an Administrative Tribunal for the State of Andhra Pradesh, to be known as “the Andhra Pradesh Administrative Tribunal” consisting of a Chairman and not less than two other members to be appointed by the President.

(2) The Chairman shall be a person who, at the time of his appointment to the Tribunal, is a Judge of a High Court and the other members shall be persons having knowledge of public administration or law.

(3) Save as otherwise provided in this order, every members shall hold office for a period of three years from the date on which he enters upon his office:

Provided that a member shall, notwithstanding the expiration of his term, continue to office until his successor enters upon his office.

(4) When a Judge of High Court serving as the Chairman ceases to be such Judge otherwise than as a result of retirement, he shall thereupon be deemed to have vacated his office as Chairman.

(5) A member may, by writing under his hand addressed to the President, resign his office at any time.

(6) The chairman and other member shall receive such remuneration and other allowance and shall be governed by such conditions of service as may be determined by the Central Government:

Provided that neither the remuneration and allowance nor the other conditions of service of the Chairman or any other member shall be varied to his disadvantage after his appointment.

4. Appointment of acting Chairman

When the office of Chairman is vacant or when the Chairman is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other members as the president may appoint for the purpose.

5. Seat of the Tribunal

The principal seat of the Tribunal shall be at Hyderabad but the Benches may also sit at such other place or places as the Chairman may, from time to time, specify.

6. Jurisdiction, powers and authority of the Tribunal

(1) Save as otherwise expressly provided in this Order, the Tribunal shall exercise all the jurisdiction, powers and authority which, immediately before the commencement of this Order, were exercisable by all courts (except the Supreme Court) with respect to appointment, allotment or promotion to any public post, seniority of persons appointed, allotted or promoted to such post and all other conditions of service of such persons.

(2) Nothing in sub-paragraph (1) of this paragraph shall apply, to, or in relation to:

(a) Persons appointed on contract for specified term or purpose;

(b) Members of the All-India Services;

(c) Persons on deputation with the State Government or any local authority within the state being persons in the services of the Central or any other State Government or other authority;

(d) Persons employed on a part time basis and

(e) Village officers.

(3) Notwithstanding anything contained in sub-paragraph (1) of this paragraph, the Tribunal shall have no jurisdiction with respect to any matter involving the dismissal, removal or reduction in rank of a person who is a member of Civil Service of the State or who holds a civil post under the State if the provisions of Cl. (a) or Cl. (b) or Cl. (c) of the proviso to Cl.(2), of Art. 311 of the Constitution apply to or in relation to, such dismissal, removal or reduction in rank.

(4) Subject to the provisions of this Order the law in force immediately before the commencement of this Order with respect to the practice, procedure and disposal of petitions for the issue of directions, orders or writ under Art. 226 of the Constitution of the High Court of Andhra Pradesh, shall, with such modifications as may be made by the Tribunal, apply with respect to the practice, procedure and disposal of petitions by the Tribunal in exercise of its jurisdiction, powers and authority under this paragraph:

1[(5) Notwithstanding anything contained in any law for the time being in force, an interim Order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, a representation unless—

(a) Copies of such representation and of all documents in support of the plea for such interim order are furnished to the party against whom such representation is made or proposed to be made; and .: (b) Opportunity is given to such party to be heard in the matter:

Provided that the Tribunal may dispense with the requirements of Cls. (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the representations, which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of 14 days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the tribunal has continued the operation of the interim order.]

1. Subs, by OSR 805(E), dated 22nd May, 1986 (w.e.f. 22nd May, 1986)

7. Authority of the Tribunal to receive representations

(1) The Tribunal may receive, from persons employed, or, as the case may be, from persons claiming under them representations form the redress of their grievances relating to the matters within its jurisdiction and admit, after such enquiry deems fit, such representations :

Provided that the Tribunal shall not admit, any such representation :

(a) Unless the person concerned has availed of the remedies provided under the relevant rules for making such representation to the State Government. or to any local authority, as the case may be, or to any other officer or other authority under the State Government or local authority and has failed to secure such redress; or

(b) If a period of more than six months has elapsed after a final order rejecting the representation for the redress of such grievance has been made by the State Government or local authority, as the case may be, or other officer or authority under the State Government or local authority under the relevant rules.

(2) Notwithstanding anything contained in sub-paragraph (1) of this paragraph, the Tribunal may, in its discretion, admit a representation made under that sub-paragraph if it is satisfied, having regard to all the circumstances of the case, that it is just and proper so to do.

1[(3) Every representation under this paragraph shall be in the form of a petition supported by an affidavit and shall be accompanied by court-fee stamps of the value of Rs. 50-00:

Provided that no person who holds, or has held, any public post referred to in paragraph 6 of this Order and who draws, or was drawing on the last day while holding such public post, as the case may be, a pay of less than 2[Rs. 500/-] per mensem shall be required to pay the fees:

Provided further that where the Tribunal refuses to admit a representation, it may, in its discretion, order the refund of the fees so paid.]

(4) Where a representation has been admitted by the Tribunal for the redress of any grievance under this paragraph, all proceedings for the redress of such grievance pending before the State Government or local authority, as the case may be or any officer or authority under the State Government or local authority shall abate, and save, as otherwise directed by the Tribunal, no representation for the redress of such grievance shall thereafter be entertained by the State Government or local authority or such officer or authority.

Explanation.— For the purposes of this paragraph , a person shall be deemed to have availed of the remedies referred to in Cl. (a) of the proviso to sub-paragraph (1) of this paragraph and failed to secure redress in respect of any grievance—

(i) If any final order has been made by the State Government or local authority or other officer or authority under the State Government or local authority competent to pass such order under the relevant rules rejecting any representation for such redress; or

(ii) If the representation so submitted has not been disposed of within a period of six months fronrthe date of its submission.

1. Sub-paragraph (3) is subs, as per President of India Order G.S.R. 298 (E), dated 20th May, 1978.

2. Subs, by G.S.R. 805 (E), dated 22nd May, 1986 (w.e.f. 22nd May, 1986), for the letters and figures “Rs. 300/-“.

 8. Disposal of representation by the Tribunal

(1) The Tribunal shall, after admitting any representation under paragraph 7 of this Order, furnish copies thereof to the State Government, or the local authority as the case may be, and to such other officers, authorities and persons as it may consider necessary or expedient and require them to make their submissions in respect of the representation within such time as may be specified by the Tribunal ; and every such submission shall be in writing and shall be in the form of an affidavit.

(2) After the expiration of the time specified for the receipt of submissions, the Tribunal shall fix a date for the hearing of the representation and give notice of such date to the person making such representation, to the State Government or local authority, as the case may be, and to every officer, authority or persons who has made a submission in respect of such representation.

(3) On the date fixed for the hearing or on any other date to which the hearing may be adjourned, the Tribunal shall hear the parties concerned and make such order thereon as it deems fit.

(4) A copy of every order made by the Tribunal shall be furnished to person making the representation, to the State Government or the local authority concerned, and to every officer or authority or person who has made a submission in respect of such representation.

1(5) Where the Tribunal makes any order in favour of the person making the representation and against the State Government or the local authority concerned, as the case may be, —

Tribunal may, on receipt of an application from such person, issue a certificate for recovery of the amount awarded or, as the case may be, for other relief granted by it, and any person in whose favour such certificate is issued, may apply to the principal Civil Court of Original Jurisdiction in Andhra Pradesh, within the local limits of whose jurisdiction he has, for the time being, been serving or last served the State Government or the local authority concerned, as the case may be, for execution of the order of the Tribunal, and such Court shall thereupon execute the certificate or cause the same to be executed in the same manner and by the same procedure as if it were a decree for like relief made by itself in a suit.]

1. Ins. by G.S.R. 805(E) dated 22nd May, 1986.

9. Certain proceeding to be forwarded to the State Government

When the Tribunal passes an order finally disposing of any case under the pro-visions of this Order, the proceedings thereof shall be forwarded to the State Government.

10. Procedure of Tribunal

(1) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman from amongst the members thereof.

(2) Such of the matters other than those which are required to be heard and determined under sub-paragraphs (3) and (4) of this paragraph by Division Bench or a Full Bench may be heard and determined by a single member :

1[Provided that a single member may,—

(i) Hear and determine, the proceedings transferred to the Tribunal from the High Court or any other Civil Courts in the State under paragraph 14 or this Order;

(ii) Initially admit, but not determine a representation or petition in relation to any matter which is required to be heard and determined under sub-paragraphs (3) and (4) of this paragraph by a Division Bench or a Full Bench and make an order granting interim relief to the party concerned or modify or revoke any order so made ;

Provided further that the member before whom the matter is posted for hearing may at any time adjourn it for hearing and determination by a Division Bench or a Full Bench.

2(3) Any matter relating to or arising out of the application of the provisions of the Andhra Pradesh Public Employment (Organisation of the Local Cadres and Regulations of Direct Recruitment) Order, 1975, not being a matter which is required to be heard and determined by a Full Bench under sub-paragraph (4) of this paragraph, may be heard and determined by a Division Bench :

Provided that if both the members of a Bench agree that the determination involves a question of substantial importance, they may order that the matter or question at issue be referred to a Full Bench.

(4) A Full Bench shall be a Bench of any number not less than three of the members and the following matters may be heard and determined by a Full Bench, namely:

(i) Matters involving the interpretation of any of the provisions of the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975, or any order made thereunder;

(ii) All matters arising out of the integration of any services of the State consequent on the provisions of the State Reorganisation Act, 1956 (37 of 1956);

(iii) Any other matter which is assigned to, or.]

(5) If the members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall settle the point or points on which they differ and the case shall then be referred by the Chairman for hearing on such point or points by one or more of the members (other than those who have first heard such case) and such points or point shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard.

(6) Subject to the provisions of this Order, the Tribunal shall have power to regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functions.

1. The words and such order remains uncomplied with for a period of three months omitted by G.S.R. 781 (E), published in the Gazette of India. Extraordinary, Pt. II, Sec. 3(i), dated 15th September., 1987, (w.e.f. 15th September, 1987).

2. Sub-Paras (3) and (4) referred to are substituted as per President Order G.S.R. 298 (E) dated 20th May, 1978.

11. Power of Tribunal to summon and examine witnesses and direct production of documents

The Tribunal shall, for the purposes of this Order, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and in particular in respect of the following matters namely:

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavit;

(d) Requisitioning any public record or copy thereof from any court or office ; and

(e) Issuing summons for examination of witnesses or documents.

12. Contempt of Tribunal

The Tribunal shall be deemed to be a civil court for the purposes of Sees. 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

13. Staff of the Tribunal.

The State Government shall after consultation with the Chairman, determine the number and categories of the officers and other employees to be provided for the Tribunal and shall make available the services of such officers and other employees.

14. Transfer of proceeding from the High Court of Andhra Pradesh, etc, to the Tribunal

(1) Such of the proceedings pending—

(i) In the High Court of Andhra Pradesh; or

(ii) In any other civil court in that State, immediately before the commencement of this Order as are certified after such commencement by the Chief Justice of that High Court or the District Judge — exercising jurisdiction over such other Court, as the case may be, having regard to the jurisdiction powers and authority of the Tribunal and other circumstances to be proceedings which ought to be heard and decided by the Tribunal shall, as soon as may be, after such certification, be transferred to the Tribunal.

(2) Notwithstanding anything contained in sub-paragraph (1) of this paragraph.—

(i) The High Court of Andhra Pradesh shall have and the Tribunal shall not have jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court; or.

(ii) Any other civil court in the state shall have and Tribunal shall not have, jurisdiction to entertain, hear and dispose of application for review and other proceedings where any such proceedings seek and relief in respect of any order passed by that Court.

Explanation— For the purposes of sub-paragraphs (1) and (2) of this paragraph—

(a) Proceedings shall be deemed to be pending in the High Court of Andhra Pradesh or any other civil court in the State until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeal;

(b) References to the High Court of Andhra Pradesh shall be construed as including references to a Judge or division Court thereof, and references to an order made by a court or a Judge shall be construed as including references to a judgment or degree passed by that Court or Judge.

15. Right to appear or to act in procedure transferred to the Tribunal

Any person who, immediately before the commencement of this Order, is an advocate entitled to practice in the High Court of Andhra Pradesh and was authorised to appear or to act in any proceedings transferred from that High Court or from any other civil court within that State to the Tribunal under paragraph 14 of this Order shall have the right to appear or to act, as the case may be, before the Tribunal in relation to those proceedings.

This site uses Akismet to reduce spam. Learn how your comment data is processed.