Important Sections and Provisions in the Administrative Tribunals Act

The Administrative Tribunals Act, 1985 was enacted to provide for the adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State. Here are the important sections and provisions of the Act that should be focused on:

1. Section 2: Definitions
This section defines various terms used in the Act, such as 'Administrative Tribunal', 'Appropriate Government', 'Member', 'Prescribed' and 'Service Matters', among others.

2. Section 3: Establishment of Administrative Tribunals
This section empowers the Central Government to establish Administrative Tribunals at the national level and State Governments to establish tribunals at the state level. These tribunals are responsible for adjudicating disputes and complaints related to service matters.

3. Section 4: Composition of the Tribunal
This section specifies the composition of the Administrative Tribunal. It states that the Tribunal shall consist of a Chairman, Vice-Chairman, and other Members. The qualifications for appointment, tenure, and removal of Chairman, Vice-Chairman, and Members are also mentioned.

4. Section 5: Jurisdiction of the Tribunal
This section confers jurisdiction on the Administrative Tribunal to adjudicate disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts, including disciplinary matters.

5. Section 6: Exclusion of Jurisdiction of Courts
Under this section, the jurisdiction of all courts, except the Supreme Court and High Courts exercising jurisdiction under Articles 226 and 227 of the Constitution, is barred in matters within the jurisdiction of the Administrative Tribunal.

6. Section 7: Procedure and Powers of the Tribunal
This section outlines the procedure to be followed by the Administrative Tribunal in the conduct of its proceedings. It also confers powers on the Tribunal, such as the power to summon and enforce attendance of witnesses, production of documents, and issue commissions for examination of witnesses, among others.

7. Section 12: Appeals
This section provides for the right to appeal against the decision of the Administrative Tribunal. Appeals lie to the Supreme Court if the Tribunal is constituted by the Central Government, and to the High Court if the Tribunal is constituted by the State Government.

8. Section 14: Transfer of Pending Cases
This section empowers the Central Government to transfer cases pending before any court or other authority to the Administrative Tribunal, if it deems necessary for the effective disposal of such cases.

The above-mentioned sections and provisions of the Administrative Tribunals Act form the backbone of the legislation. Familiarizing oneself with these sections would provide a solid foundation for studying and understanding the law related to administrative tribunals.