Indian Parliamentary Research Service Legislative Summaries

The Administrative Tribunals (Amendment) Bill, 2006 was introduced in the Rajya Sabha on March 18, 2006 to amend the Administrative Tribunals Act, 1985 (Principal Act). The Bill was referred to the Departmentally Related Standing Committee on Personnel, Public Grievances, Law and Justice (Chairperson: Shri E.M. Sudarsana Natchiappan) which is scheduled to submit its report within three months. The Bill was introduced by the Ministry of Personnel,
Public Grievances and Pensions.

The Principal Act sought to allow administrative tribunals to adjudicate on disputes related to recruitment and conditions of service of people appointed to public services in India and appointed by any corporation or society owned by the Government. It aimed to exclude the jurisdiction of all courts in such matters.

The Bill seeks to modify the Principal Act to provide for abolition of administrative tribunals if it is considered appropriate. The Central Government can abolish any tribunal established for a state or a number of states and provide for the transfer and disposal of cases pending before such tribunals.

The Chairman, Vice Chairman or any member of a tribunal would not be entitled to compensation for the premature termination of their term of service if they took voluntary retirement from the services of the respective government to join the tribunal. These members would be entitled to get paid by the respective governments till they attain the age of superannuation or the completion of their tenure in the tribunal, whichever is earlier.

The Principal Act empowered the administrative tribunals to exercise the same power as the High Court with respect to contempt of court. The Bill brings the administrative tribunals under the jurisdiction of the High Courts and abolishes the tribunals’ power to punish for contempt of court.

If a person is aggrieved by the decision of the tribunal, he can file an appeal in the High Court within 60 days from the date of the decision of the tribunal.