The Assam Administrative Tribunal Act, 1977
R~stcrcd No. A-12

### The Assam Gazette

###### 15Jjf]6RJC1

EXTRAORDINARY

21tfJ-<11~'W" tii~I ~"II!!

J>llBLISHED BY AUTHORITY

_r_

<i~ 62, flf"t~~, Qft'T<tt<f, 2 QI 1977, 12 <r~t'5t, 1899 "t:cf

_No._ 62, Dlspur, Monday, 2nd May, 1977, l l th Valsakha,

1899 -(S. E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT

NOTIFICATION

The 2nd May 1977

No.LJL .93/76/77.-The following Act of the Assam L egislative Assembly
which received the assent of the President is hereby pu blished for general
information.


-----

a16 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2. 1977

ASSAM ACT VIII OF 1977

(Received the assent of the President of India on 2nd May
1977)

###### fHB ASSAM ADMINISTRATIVE TRIBUNAL ACT, 197 7

An

Act

r~ eamble. to provide for the constitution of a Tribunal to adjudicate

disputes in respect of certain conditions of service of certain
classes of Civil servants of the State.

###### It is hereby enacted in the Twenty-eighth year of the
Republic of India as follows:-

Short title, I. (1) This Act may be called the Assam Administrative

extent and Tribunal Act, 1977.
C')mmence-
ment.

(2) It shall extend to the whole of Assam.

(3) It shall be, deemed to have com ~ into force on the
Third day of Janu ary, 1977.

lJefinitions. 2. In this Act, unless the context otherwise requires:-

(a) 'Chairman' means the Chair man of the Tribunal;

(b) 'Civil servant' means a person who is or has been
a member of a civil service or who holds or has
held a civil post in connection with the affairs of
the State of Assam and includes any such person
on foreign service, a person whose services have been
temporarily placed at the disposal of a local or other
authority, ·any person in the service of a local or other
authority whose services have been temporarily placed
at the disposal of the State Government, a person
in service un<ier the State Government ou a contract and
a person who has retired from the Government service
elsewhere and has been re-employed under the State
Government but does not include employees of the
Gauh ati High Court, employees of the Assam Legis-
lative Assembly Secretariat, employees of the Assam
Public Service Commission, persons in the A ll India

Service and other Civil services of the Indian Union,
or persons of Civil services of other State Govern-
ment se rvin~ on deputation in Assam ;


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1971'. · 317 ~

( c) 'civil services' means the civil services of the State

of Assam and such , other services as may be speci-
fied by the State Government from time to time by

notification, but shall not include-

(i) services under the Gauhati High Court ;

(ii) services uncle~ the Assam Legislative Assembly;

(iii) services under the Assam Public Service Commis-

sion;

(iv) All India Services and other civil services of the

Indian Union ;

(d) 'competent authority' means any officer or other
authority having power to pass any order whether
oriainal, appellate or rcvisional, under any service

ru le, executive instruction or order,                       - eneral or

special, of the State Government in respect of any con-
ditions of services of a civil servant;

                                                                                                                                                                                     - ' T

(e) 'conditions of service' includes all matters relatina

to the-

(i) appointment, seniority, confirmation and termina-
tion of service of a civil ser vant ;

(ii) censure, withholding of increments or promotion,
recovery from pay of any loss to the Government,
reduction to a lower service, arade or post, or to
a lower time scale, or to a lower staae in a time
scale, denial or variation of pension or denial of
the maximum pension;

(f) 'member' means a member of the Tribunal and in-

cludes the Chairman;

(g) 'notification' means a notification published in the

. As•am Gazette ;

(h) 'prescribed' means prescribed by rules made under
this Act;

(i) 'State Government' means the Government of Assam;

(j) 'Tribunal' means the Assam Administrative Tribunal
constituted under Section 3 of this Act. '.                  - _·.1_

Cons ti tu• , 11           - f
tion of the 3. (1; The State Government sha constitute or the State

Tribunal. of Assam a Tribunal to be known as the Assam Adminis-

trn.tive Tribunal.

(2) The Tribunal shall consist of three members to be
aprointed by the State Government.


-----

###### 318 THB ASSA\i GAZETTE, EXTRAORDINARY, M:\Y 2, 1977

(3) The State Government shall appoint one of l'.b.c"

members of the Tribunal to act as the Chairman thereof.

(4) The Chairman shall be a person who at the time
of appointment to the Tribunal is **a** senior administrator

with wide experience and of the other two members, one

shall have experience in legal affairs and the other shall

have experience in technical matters, none being lower in
the rank than Secretary to the State Government.

(5) No person shall be retained as a member of the
Tribunal after he has attained the aae of sixty years.

( 6) The salary and allowances of the members of the
Tribunal 11hall be such as may be prescribed.

(7) The principal scat of the Tribunal shall be at

Gauhati but the Tribunal may also sit at such other place
or places as the Chairman may, from time to time, specify.

J1o1ri .. iction. **4.** (I) Save as otherwise expressly provided in sub-section

(2) below the Tribunal shall have jurisdictioa to entertain
and dispose of appeals preferred by civil servants against

any order passed by a competent authority in respect of

any condition of service.

(2) Notwithstanding anything contained in sub-section

###### (I) above, the Tribunal shall have no jurisdiction with respect
to any order passed, when the civil servant has not availed
of all the remedies available to him under the relevant

service rules, executive instructions or orders :

Provided that notwithstanding anything contained in the

aboTc paragraph the Tribunal may entertain an appeal from
a civil servant, if any appeal, revision petition or representa-
tion filed by him under the relevant service rules before the
competent authority has not been finally disposed of by the
corilpctent authority within a period of six months from the
**date** of filing &uch appeal, revision petition or representation.

(3) Notwithstanding anything contained in SUD-section

(1) above, the Tribunal shall have no jurisdiction to enter-
tain and dispose of appeals against any order passed by a
competent authority under Article 311 (2) provisos (a), (b)

and ( c) as also under F. R . 56 (b).

t.imitation•" 5. No appeal shall lie to the Tribunal after the expiry

of 60 days from the date of the order appealed against :

Provided that the Tribunal may entertain an appeal
after the expiry of sixty days from the date of passing the
order if the Tribunal is satisfied that the Civil servant was

            - revented by any sufficient cause from preferring the appeal

within the aferesaid period.


-----

_, THE ASSAM GAZETTE EX1RAOF.DlNARY, MAY 2, 1977 319

'l>owen •f the. _6._ The Tribunal shall . for fae purpose of the disposal
Tribunal. of an appeal have all the powen of a civil court for the

trial of a suit under the CoJe of Civil Procedure, 1908

(5 of 1908) in respe:;t of the following matters, namely:-

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

(b) requiring the discovery 11nd production . of docume:its;
(c) receiving evidence on affidavit;

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

(e) issuing commiasions-- for examination of witnesaes or·

documents.

Amendment 7. Clerical or arithmatical mistakes in decision or orders

0
~r decJ~i~sns or errors arising therein from any accidental slip or omi-
or            - ssion may at any time be corrected by the Tribunal either

of its own motion or on the application of any of the
parties.

Procedure 8. (1) Subject to the prov1S1ons of this Act and the

before
Tribunal. rules framed thereunder the Tribunal shall have power to

regulate its own procedure an<l for the constitution of Be-
nches, if any, for the disposal of all matters arising out of
the exercise of its powers under the provisions of thi1 Act.

(2) At least two of the members of the Tribunal will
hear and pass orders on appeals preferred before tbe Tribunal.

(3) The decision of the majority of the members present
and hearing the m::itter shall be the decision of the Tri-

bunal. Where the members are equally divid<".d in their

opinion, the appeal would be heard and decided by
all the members and the decision arrived at by the
majority opinion of all the members shall be the decision of
the Tribunal.

( 4) The Tribunal shall have power to confirm, modify
###### or reverse the order against which the appeal is preferred

or to remand the matter for a fresh decision by the com-
petent authority passing the order in accordance with such
directions, if any, as may be given by the Tribunal.

Finality 9. (l) (a) The order of the Tribunal passed in any appeal
of decision under the provisions .of this Act shall be final.
and bar of
suit, powers
of review of

its own
order and
transfer of
pending
proceedings.


-----

(b) Notwithstanding anything contained in rsub-section ~-

(1) (a) above, the Tribunal may~ on:: the application of any
of the parties, review its own decision or ord(',r in any case
Jlnd may pass such order as it think11 fit :

Provided that no such decision or order shall be review-

ed unless notice has been given to the opposite parties to
appear and to show cause why rnch order or decision should
not be reviewed : .

Provided further that an tpplication for !review under
sub-section (I) (b) shall be made within thirty days from the
date of decision or order of the Tribunal.

(2) Notwithstanding anything contained in any law,
no civil court or other authority shall entertain any civil

suit or othn -proceedings with respect to any of the matters which

fall within the jurisdiction of the Tribunal or qu•~ ti o 1 in any form

any order pas1ed by the Tribunal in any appeal or review with
respect to any matter when an appeal could have been pre-
ferred under the provisions of thi11 Act or ,·ith resJtect to
any other ma•ter which arisca out of the exercise of power:.
under this Act.

(3) Notwithstanding anything contained in any Jaw, all

suits or other proceedinas in respect of any matter over which
the Tribunal has jurisdiction and whicll are pending before any
civil court or other authority on the date of coming into
force of thi11 Act shall stand tranafcrred to the Tribunal and
the civil court or other authority before whom such a suit ·or

proceeding i'> pending shall transfer all relevant and connected
papers and records to the Tribunal and thereupon the Tribunal
shall decide the suits and proceedings in the same manner as
if they were app c·als preferred under the provisions of this Act.

##### .. (4) The deci ;ion of the Tribunal shall be implemented

within such reasonable time as may be specified by the Tri-
bunal.

Representa- 10. 1 h ~ Government, the. compe '. ent authority as well
tion before as the civil servant preferring any appeal shall have the right
Tribunal. to be r ;)presented before the Tribunal through a duly autho-
rised representative or by an Advocate.

Contempt. 11. _t l)_ The Tribunal, shall be deemed to be a Civil Court
for the purpo:.e, of Sections 345 and 346 of the Code of
Criminal Procedure , 1973 (Central Act 2 o" 1974) and the
Contempt of Courts Act, 1971 (Central Act 70 of 1971).

(2) The proceedings before the Tribunal shall be deemed ·

to be a .Judicial Proceeding within the meaning of Section 193
of Indian Penal Code, 1860 (Central Act No. 45 of 1860). ,


-----

THE ASSAM GALBl'TE, EXTRAORDINARY. MAY 2, 1971

?

Pow~ r to 12. (1) The State Governmen t may, by notification in
malre r ules. the official Gazette, make r ules for the purposes of giving.
effect to the provisions of this Act.

(2) All rules made under this Section shall be laid

fo r not less than fourteen days before the Assam Legisla-

tive Aasembly a1 soon as possible after they are made and

shall be subject to mch modifications as the Le~isla t ive

Assembly may make during the session in which they are

so laid or the session immediately following:

Power to 13. ( l) Subject to the previous sanct ion of the State

m~ke regu- Government, the Tribunal shall, from time to time, frame
lat1on T ribu by 1 the re&u 1 at1ons cons1&tent · w11 · h t h e prov1s1ons · · o f t h" A is ct an d

na                - rules made under Section 12 for regulating its procedure
and disposal of iti business.

(2) The regulations made under sub-section (1) shall
be published in the Assam Gazette.

Repeal and 14 . ( 1) The Assam Administrative Tribunal Ordinance,

saving>. 19i6, is hereby repealed.

(2) Notwith8tanding such repeal, any order passed,
notifications is~ued anything done or any action taken under
the Assam Admin{atrative Tribunal Ordinance, 1976, shall

b ~ deemed to have been passed, issued, done or taken under
the corr ~ sponding provisions of this Act.

#### f

###### tJ. TAHBILDAR,

Secretary to the Govt. of Assam,
Legislative D epar tment.

11\UHATl-Printed and published by the Supdt., i/c. Assam Govt. Pr intio11

Pren, (E"<-Gazette) No.123-l,625+400-2-5-1977.


-----

