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The Administrative Tribunals Act, 1980

( ACT NO. VII OF 1981 )

Powers and procedure of Triunals
7. (1) For the purpose of hearing an application or appeal, as the case may be, a Tribunal shall have all the powers of civil Court, while trying a suit under the Code of Civil Procedure, 1908 (V 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 any document;
 
 
 
 
(c) requiring evidence on affidavit;
 
 
 
 
(d) requisitioning any public record or a copy thereof from any office;
 
 
 
 
(e) issuing commissions for the examination of witnesses or documents;
 
 
 
 
(f) such other matters as may be prescribed.
 
 
 
 
(2) Any proceedings before a Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (XLV of 1860).
 
 
 
 
(3) A Tribunal shall hold its sittings at such place or places as the Government may fix.
 
 
 
 
1[(3A) In the event of any difference of opinion among the members of the Administrative Appellate Tribunal, the opinion of the majority shall prevail.
 
 
 
 
2[(3B) Notwithstanding anything contained in this Act, if, in course of hearing, any member of the Administrative Appellate Tribunal is, for any reason, absent or unable to attend any sitting thereof, the Chairman and the other member present may dispose of appeals, provided they are unanimous in their decision.]]
 
 
 
 
(4) and (5) [Omitted by section 3 of the Administrative Tribunals (Amendment) Ordinance, 1983 (Ordinance No. XXXVIII of 1983).]
 
 
(6) The member of an Administrative Tribunal 3[or the Chairman] of the Administrative Appellate Tribunal may make such administrative arrangements as he considers necessary for the performance of the functions of the Tribunal.
 
 
 
 
4[(7) The Administrative Appellate Tribunal may, on its own motion or on the application of any party or by way of a reference from an Administrative Tribunal, by an order in writing, transfer, at any stage of the proceedings, any case from one Administrative Tribunal to another Administrative Tribunal, whenever it considers such transfer is just and convenient for the proper dispensation of justice.]
 
 
 
 
(8) Subject to the other provisions of this Act, a Tribunal shall, for the purpose of hearing an application or appeal, as the case may be, follow such procedure as may be prescribed:
 
 
 
 
Provided that where, in respect of any matter no procedure has been prescribed by this Act or by rules made thereunder, a Tribunal shall follow the procedure in respect thereof as may be laid down by the Administrative Appellate Tribunal.

  • 1
    Sub-sections (3A) and (3B) were inserted by section 3 of the Administrative Tribunals (Amendment) Act, 1987 (Act No. XXX of 1987)
  • 2
    Sub-section (3B) was substituted by section 2(a) of Administrative Tribunals (Amendment) Act, 2011 (Act No. VI of 2011).
  • 3
    The words “or the Chairman” were substituted for the words “or the member” by section 3 of the Administrative Tribunals (Amendment) Act, 1987 (Act No. XXX of 1987)
  • 4
    Sub-section (7) was substituted by section 2(b) of Administrative Tribunals (Amendment) Act, 2011 (Act No. VI of 2011).
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