The Assam Administrative Tribunal Act, 1977
# The Assam Gazette

**S lT W ra 'I**

**EXTRAORDINARY**

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**PUBLISHED BY AUTHORITY**

## 62, cWifa, 2 a 1977, 12 1899

**No, 62,** **Dispar, Monday, 2nd May, 1977, 12th** **Va lsa kh a,**

**1899 (S. E.)**

GO VE RN MEN T OF ASSAM

**ORDERS BY** **THE GOVERNOR**

LE GISLA TIVE DE PA RT MEN T

NO TIFICA TION

The 2nd May 1977

**No.LJL.93/7G/77.—The following Act of the Assam Legislative Assembly**

which received the assent of the President is hereby published for general
information. ,


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316 TH E ASSAM GA ZETTE, EXTP AO RDINARY, MAY 2. 1977

ASSAM ACT VIII OF 1977

**(R ec eive d th e as se nt o f th e President o f In dia cn 2n d M ay**

**1977)**

THE ASSAM AD MINISTRAT IVE TRIBUN AL ACT, 1977

**An**

**Act**

Prea mble. to provide for the constitution o f 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:—

Sh ort title, 1- (1) This Act may be called the Assam Adm inistrative

exten t and Tribunal Act, 1977.
com mence-

m en t> (2) It shall extend to the whole of Assam.

(3) It shall be deemed to have come, into force on the

Th ird day of Janu ary, 1977.

Definitions. 2. In this Act, unless the context otherwise requires:—

(a) ‘Chairm an’ means the Chairman 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
autho rity, any person in the service of a local or other
autho rity whose services have been temporarily placed
at the disposal of the State Government, a person
in service under the State Government oq 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

Gauhati High Court, employees of the Assam Legis­
lative Assembly Secretariat, employees of the Assam
Public Service Commission, persons in the All India
Service and other Civil services of the Indian Union,
or persons of Civil services of other State Govern­
ment serving on deputation in Assam ;


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TH E AS SA M GA ZETTE, EX TRAO RDINARY, MAY 2, 1977 317

(c) ‘civil services’ means the civil services of the State

of Assam and such other services as may be speci­
fied by the Stat* Government from time to time by
notification, but shall not include—

(i) services under the Gauhati High Court ;

(ii) service* unde” the Assam Legislative Assembly ;

(iii) services under the Assam Public Service Gommi*-

»ion ;

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

Indian Union ;

(d) ‘competent autho rity’ means any officer or other

autho rity having power to pass any order whether

original, appellate or reviiional, under any service

rule, executive in»truction or order, general or

special, of the State Government in regpect of any con­
dition* of services of a civil »ervant;

(e) ‘condition* of »ervice’ includes all matter* relating

to the—

(i) appointment, seniority, confirmation and termina­

tion of service of a civil se rv ant;

## »

(ii) censure, withholding of increments or promotion,

recovery from pay of any los* to the Government,
reduction to a lower service, grade or post, or to
a lower time scale, or to a lower stage in a time
scale, denial or variation of pension or denial of

the maximum pension;

(f) ‘member’ means a mem ber of the Tribu nal and in­

clude* 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 Asgam;

(j) ‘Tribunal’ means the Assam Adm inistrative Tribunal

constituted under Section 3 of this Act. j

iio° [n]ofthe 3- U) The State Government shall constitute for the State

Tribu na l, of Assam a Tribu nal to be known as the Assam Ad minis­

trative Tribunal.

(2) The Tribunal shall consist of three members to be

appointed by the State Governm ent.


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318 THE ASSAM GAZETTE, EXTR AORD IN ARY, M.\Y 2, 1977

(3) The State Government shall appoint one of the

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 ran k than Secretary to the State Government.

(5) No person shall be retained as a member of the

Tribunal after he has attained the age of sixty years.

(6) Th e salary and allowances of the members of the

Tribunal shall be such as may be prescribed.

(7) The principal seat of the Tribu nal shall be at

Gauhati but the Tribu nal may also sit at such oth er place
or places as the Chairm an may, from time to time, specify.

JurMietion. 4. (1) Save as otherwise expressly provided in sub-section

(2) below the Tribunal shall have jurisdiction 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

(1) above, the Tribunal shall have no jurisdiction with respect

to any order passed, when the civil servant has no t availed
of all the remedies available to him under the relevant

service rules, executive instructions or orders :

Provided th at notwithstanding anything contained in the

above parag rap h 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
com petent authority has not been finally disposed of by the
com petent authority within a period of six months from the
dale of filing such appeal, revision petition or representation.

(3) Notwithstanding anything contained in sub-section

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

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

tamitatjon*'' 5. No appeal shall lie to the T rib unal after the expiry

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

Provided that the Tribu nal 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
prevented by any sufficient cause from preferring the appeal
within the afsresaid period.


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TH E AS SA M GA ZE TT E EX TRAO RD INAR Y, MAY 2, 1977 319

**Powers of the** 6. The Tribunal shall, for the purpo se of the disposal

**Tribun*.** _Qf_ a n a [pp] e a [j have all the powers of a civil court for the ]

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

(5 of 1908) 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 documents;

(c) receiving evidence on affidavit ;

(d) requisitioning any public record or copy thereof

from any court or office ; and

(e) issuing commissions' for examination of witnesses or

documents.

**Amendment** 7. Clerical or arithm atical mistakes in decision or orders
**of decisions**

**or orders.** or errors arising therein from any accidental slip or omi­

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 provisions of this Act and the

**before**

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

regulate its own procedure and 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 this Act.

(2) At least two of the members of the Tribunal will

hear and pass ord ers on appeals preferred before the Tribunal.

(3) The decision of the majority of the members present

and hearing the matter shall be the decision of the Tri­

bunal. Where the members are equally divided in their

opinion, the appeal would be heard and decided by

all the members and the decision arrive d at by the

majority opinion of all the members shall be the decision of
the Tribun al.

(4) The Tribunal shall have pow er to confirm, modify

or reverse the order against which the appeal is preferred

or to rem and 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.** **(1)** (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*


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320 TH E ASSAM GAZETTE, EXTRA ORDIN ARY MAY 2, J977

(b) Notwithstanding anything contained in [!] sub-section

(1) (a) above, the Tribunal may, on the application of any
of the parties, review its own decision or ord er in any case
and may pass such order as it thinks 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 such order or decision should
not be reviewed :

o

Provided further that &n application for {review under

sub-section (1) (b) shall be made within thirty days from the
date of decision or o rder of the Tribunal.

(2) Notwithstanding anything contained in any law,

no civil court or other authority shall entertain any civil

suit or oth< r proceedings with respect to any of the matters which
fall within the jurisdiction of the T ribunal or qu«stio i in any form
any order passed by the Tribunal in any appeal or review with
respect to any matter when an appeal could have been p re­
ferred under the provisions of this Act or with respect to

any other ma'ter which arises out of the exercise of powers
under this Act.

(3) Notwithstanding anything contained in any law, all

suits or other proceedings in respect of any matter over which
the Tribunal has jurisdiction and which ar« pending before any
civil court or other autho rity on the date of coming into

force of this Act shall stand transferred to the Tribunal and
the civil couit or o ther authority before whom such a suit or

proceeding is 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 appeals preferred under the provisions of this Act.

(4) The deci don of the Tribunal shall be implemented

within such reasonable time as may be specified by the T ri­
bunal.

Represen ta- 10. T h ; Government, the-compe:ent authority as well

tion before a s the civil servant preferring any appeal shall have the right

n buna. tQ [k] e [ represented before the Tribu nal through a duly autho­]
rised representative or by an Advocate.

Contempt. i i . ( j) -pbe Tribunal shall be deemed to be a Civil Court

for the purpose > 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 o f 1971).

(2) The proceedings before the Tribunal shall be deemed

to be a judicial Proceeding within the meaning of Section 193
of India n Penal Code, 1860 (Central Act N o. 45 of 1860).


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THE ASSAM GAZE IT E, E XTRA OR DINA RY , MAY 2, 1977 3 2 i

Powsr to 12. (1) The State Government may, by notification in

make rid es. t [j,]c o [fj}]c [j]a [i Gazette, make rules for the purposes of giving]

effect to the provisions of this Act.

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

for not less ihan fou rteen days before the Assam Legisla­

tive AsseYnbly a» soon as possible after they are made and
shall be subject to such modifications as the Legislative

Assembly may make during the session in which they are

so laid or the session imm ediately following!

Po wer to 13. (1) Subject to the previous sanction of the State

make [r e] 8v- Government, the Tribu nal shall, from time to time, frame

Tribunal' [C] regulations consistent with the provisions of this Act and

rules made under Section 12 for regulating its proced ure

and disposal of its business.

(2) The regulations made under sub-section (1) shall

be published in the Assam Gazette.

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

savmgf. 19/6, is hereby repealed.

(2) No twithstanding such repeal, any order passed,

notifications issued, anything done or any action tak en under
the Assam Administrative Tribunal Ordinance, 1976, shall

be deemed to have been passed, issued, done or tak en under
the corresponding provisions of this Act.

tJ. TAHBILD AR,

Secretary to the Govt, of Assam,

Legislative De partm ent.

**• AU iiA TI—P rinted an d publish ed by the Su pd t., i/ c.** **Assam Gov t. Pr intin g**

Pre ss , (Ex-Gazette) No.123 - 1,6 25+400—2-5-1977.


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