5Composition of Tribunals and Benches thereof
(1) Each Tribunal shall consist of 1[a Chairman and such number of Judicial and Administrative Members] as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.
2[(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.]
3* * * * *
(4) Notwithstanding anything contained in sub-section (1), 4*** the Chairman--
5[(a) may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench;]
(b) may transfer 6[a Member] from one Bench to another Bench;
7[(c) may authorise 8[the Judicial Member] or the Administrative Member appointed to one Bench Bench to discharge also the functions of 9[the Judicial Member or the Administrative Member, as the case may be] of another Bench; and]
(d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by a Bench composed of more than 10[two members], issue such general or special orders, as he may deem fit.
11[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.]
12* * * * *
(6) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as 13[a Bench] consisting of a single Member and exercise the jurisdiction, powers and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify:
Provided that if at any stage of the hearing of any such case or matter it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of 14[two members], the case or matter may be transferred by the Chairman or, as the case may be, referred to to him for transfer to, such Bench as the Chairman may deem fit.
15[(7) Subject to the other provisions of this Act, the Benches of the Central Administrative Tribunal shall ordinarily sit at New Delhi (which shall be known as the principal Bench),
Allahabad, Calcutta, Madras, New Bombay and at such other places as the Central Government may, by notification, specify.
(8) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.]
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1. Subs. by Act 1 of 2007, s. 4, for "a Chairman and such number of Vice-Chairman and Judicial and Administrative Members" (w.e.f 19-2-2007).
2. Subs. by Act 19 of 1986, s. 6, for sub-section (2) (w.e.f. 1-11-1985).
3. Sub-section (3) omitted by s. 6, ibid. (w.e.f. 1-11-1985).
4. The words, brackets and figure "or sub-section (3)" omitted by s. 6, ibid. (w.e.f.1-11-1985).
5. Subs. by s. 6, ibid., for clause (a) (w.e.f. 1-11-1985).
6. Subs. by Act 1 of 2007, s. 4, for "the Vice-Chairman or other Members" (w.e.f. 19-2-2007).
7. Subs. by Act 19 of 1986, s. 6, for clause (c) (w.e.f. 1-11-1985).
8. Subs. by Act 1 of 2007, s. 4, for "the Vice-Chairman or the Judicial Member" (w.e.f. 19-2-2007).
9. Subs. by s. 4, ibid., for "the Vice-Chairman or, as the case may be, the Judicial Member or the Administrative Member" (w.e.f. 19-2-2007).
10. Subs. by Act 19 of 1986, s. 6, for "three Members" (w.e.f. 1-11-1985).
11. Ins. by s. 6, ibid. (w.e.f. 1-11-1985).
12. Sub-section (5) omitted by s. 6, ibid. (w.e.f. 1-11-1985).
13. Subs. by s. 6, ibid., for "an additional Bench" (w.e.f. 1-11-1985).
14. Subs. by Act 19 of 1986, s. 6, for "three Members" (w.e.f. 1-11-1985).
15. Subs. by s. 6, ibid., for sub-section (7) (w.e.f. 1-11-1985).
- 4 Establishment of Administrative Tribunals
- 5 Composition of Tribunals and Benches thereof
- 6 Qualifications for appointment as Chairman, Vice-Chairman and other Members
- 7 Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
- 8 Term of office
- 9 Resignation and removal
- 10 Salaries and allowances and other terms and conditions of service of Chairman, and other Members
- 10A Saving terms and conditions of service of Vice-Chairman
- 10B Qualifications, terms and conditions of service of Chairman and Member
- 11 Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc
- 12 Financial and administrative powers of the Chairman
- 13 Staff of the Tribunal