The Assam Administrative Tribunal Act, 1977

<i~ 62, 
No. 62, 
R~stcrcd No. A-12 
The Assam Gazette 
15Jjf]6RJC1 
EXTRAORDINARY 
21tfJ-<11~'W" tii~I ~"II!! 
J>llBLISHED BY AUTHORITY 
r 
flf "t~~, Qft'T<tt<f, 2 QI 1977, 12 <r~t'5t, 1899 "t:cf 
Dlspur, Monday, 2nd May, 1977, l l th Valsakha, 
1899 -(S. E.) 
GOVERNMENT OF ASSA M 
ORDERS BY THE GOVERN OR 
LEGISLATIVE DEPARTMENT 
NOTIFICATION 
The 2nd May 1977 
No.LJL.93/76/77.-The following Act of the Assam L egisl ative Assembly 
which received the assent of the President is hereby pu blished for general 
info rmat ion. 
a16 THE ASSAM GAZETTE, EXTRAORDIN ARY, MAY 2. 1977 
ASSAM ACT VIII OF 1977 
(Received the assent of the President of India on 2nd May 
1977) 
fHB ASSAM ADMINISTRATIVE TRIBUNAL ACT, 1977 
An 
Act 
r~ eamble. to provide for the constitution of a Tribunal to adjudica te 
disput es 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:-
Short title, I. (1) This Act may be called the Assam Administrative 
extent and Tribunal Act, 1977. 
C')mmence-
ment. 
lJefinitions. 
(2) It shall extend to t he whole of Assam . 
(3) It shall be, deemed to have com ~ into force on the 
Third day of Janu ary, 1977. 
2. In th is Act, unless the context otherwise requires:-
(a) 'Chai rman' means the Chai r man of the Tribunal; 
(b) 'Civil servant' means a person who is or has b een 
a memb er of a civil service or who holds or has 
held a civil post in connection with the affairs of 
the State of Assam and includ es any such person 
on foreign service, a person whos e services have been 
temporarily placed at the disposal of a local or o ther 
authority , ·any person in the service of a local or other 
authority whose services have been temporari ly placed 
at the disposal of the Stat e Gov ernm ent, a person 
in service un<ier the State Government ou a contract and 
a person who has retired from the Gove rnment service 
elsewhere and has been re-emp loyed und er the State 
Governm ent but does not includ e employe es of the 
Gauh ati High Court, employ ees of the Assam Legis­
lative Assembly Secretariat , employees of the Assam 
Pub lic Service Commi ssion , persons in the All India 
Service and other Civil services of the Indian Union, 
or persons of Civil services of other Stat e Govern­
ment se rvin~ on deputation in A ssam ; 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1971'. · 317 ~ 
( c) 'civil services' means the civil services of the State 
of Assam and such , other services as may be speci­
fied by the State Government from time to time by 
notification, but shall not include-
(i) services under the Gauhati High Court ; 
(ii) services uncle~ the Assam Legislative Assembly; 
(iii) services under the Assam Public Service Commis­
sion; 
(iv) All India Services and other civil services of the 
Indian Union ; 
(d) 'competent authority' means any officer or other 
authority having power to pass any order whether 
oriainal, app ellate or rcvisional, under any service 
ru le, executive instructi on or order, ·general or 
special, of the State Government in respect of any con­
ditions of service s of a civil servant; 
• ' T 
(e) 'conditions of service' includes all matters relatina 
to the-
(i) appointment , seniority, confirmation and termina­
tion of service of a civil ser vant ; 
(ii) censure, withholding of increment s or promotion, 
recovery from pay of any loss to the Government, 
reduc tion to a lower service, arade or post, or to 
a lower time scale, or to a lower staae in a time 
scale, denial or variat ion of pension or denial of 
the maximum pension; 
(f) 'member' means a member of the Tribunal and in­
cludes the Chairman; 
(g) 'notification' means a notification published in the 
. As•am Gaz ette ; 
(h) 'prescrib ed' means prescribed by rules made under 
this Act; 
(i) 'State Government' means the Government of Assam; 
(j) 'Tribunal' mean s the Assam Administrative Tribunal 
constitu ted under Section 3 of this Act. '. · ·.1 
Cons ti tu• , 11 · f tion of the 3. (1; The State Governm ent sha constitu te or the State 
Tribunal . of Assam a T ribunal to be known as th e Assam Adminis­
trn.tive Tribun al. 
(2) The Tribunal shall consist of three members to be 
aproi nted by the State Government. 
318 THB ASSA\i GAZETTE , EXTRAORDINARY, M:\Y 2, 1977 
J1o1ri .. iction. 
(3) The Sta te Government shall appoint one of l'.b.c" 
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 rank than Secretary to the State Government. 
(5) No person shall be retained as a member of the 
Tribunal after he has attained the aae of sixty years. 
( 6) The salary and allowances of the members of the 
Tribunal 11hall be such as may be prescribed. 
(7) The principal scat of the Tribunal shall be at 
Gauhati but the Tribunal may also sit at such other place 
or places as the Chai rman may, from time to time, specify. 
4. (I) Save as otherwi se expressly provided in sub-section 
(2) below the Tribunal shall have jurisdictioa 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 anythi ng contained in sub-section 
(I) above, the Tribunal shall have no jurisdiction with respect 
to any order passed, when the civil serva nt has not availed 
of all the remedies available to him under the relevant 
service rules , executive instructions or orders : 
Provided that notwithstanding anything contained in the 
aboTc paragraph the Tribunal may ente rtain an appeal from 
a civil servant, if any appeal, revision petition or representa­
tion filed by him under the relevant service rules before the 
competent autho rity has not been finall y disposed of by the 
corilpctent authority within a p eriod of six months from the 
date of filing &uch appeal , revision petition or representation. 
(3) Notwith standing anything contained in SUD-section 
(1) above, the Tribunal shall have no jurisdiction to enter­
tain and dispose of app eals against an y order passed by a 
competent authority under Article 311 (2) provisos (a), (b) 
and ( c) as also under F. R . 56 (b). 
t.imitation•" 5. No appeal shall lie to the Tribunal after the expiry 
of 60 days from the date of the order appealed against : 
Provided that the Tribunal 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 aferesaid period. 
... 
_, THE ASSAM GAZETTE EX1RAOF.DlNARY, MAY 2, 1977 319 
'l>owen •f the. 6. The Tribunal shall . for fae purpose of the disposal 
Tribunal. of an appeal have all the powen of a civil court for the 
trial of a suit under the CoJe of Civil Procedure, 1908 
(5 of 1908) in respe:;t of the following matters, namely:-
(a) summoning and enforcing the attendance of any 
person and examining him on oath ; 
(b) requiring the discovery 11nd production of docume:its; 
. 
(c) receiving evidence on affidavit; 
(d) requisitioning any public , record or copy thereof 
from any court or office ; and 
(e) issuing commiasions--for examination of witnesaes or · 
documents. 
Amendment 7. Clerical or arithmatical mistakes in decision or orders 
0
~r decJ~i~sns or errors arising therein from any accidental slip or omi-
or • ssion may at any time be corrected by the Tribunal either 
Procedure 
before 
Tribunal. 
of its own motion or on the application of any of the 
parties. 
8. (1) Subject to the prov1S1ons of this Act and the 
rules framed thereunder the Tribunal shall have power to 
regulate its own procedure an<l 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 thi1 Act. 
(2) At least two of the members of the Tribunal will 
hear and pass orders on appeals preferred before tbe Tribunal. 
(3) The decision of the majority of the members present 
and hearing the m::itter shall be the decision of the Tri­
bunal. Where the members are equally divid<".d in their 
opinion, the appeal would be heard and decided by 
all the members and the decision arrived at by the 
majority opinion of all the members shall be the decision of 
the Tribunal. 
( 4) The Tribunal shall have power to confirm, modify 
or reverse the order against which the appeal is preferred 
or to remand 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. (l) (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. 
.. 
(b) Not withstanding any thing contained in rsub -section ~-
(1) (a) above, the Tribunal may~ on:: the application of any 
of the parti es, r eview its own decision or ord(',r in any case 
Jlnd may pass such orde r as it think11 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 sh ow cause why rnch order or decision should 
not be reviewed : 
. 
Provided further tha t an tpplication for ! review under 
sub-section (I) (b) sh all be made withi n thirty days from the 
date of decision or order of the Tribu nal. 
(2) Notwithstand ing anything contained in any law, 
no civil cou rt or other authority sha ll entertain any civil 
suit or othn -proceedings with r espect to any of the matters which 
fall within the jurisdiction of the Tribunal or qu•~ ti o 1 in any form 
any ord er pas1ed by the Tribunal in any appeal or review with 
respect to any mat ter when an appeal could have been pre­
ferr ed under the provisions of thi11 Act or ,·ith resJtect to 
any o ther ma•ter which arisca out of the exercise of power:. 
under this Act. 
(3) Notwithstanding anything contained in any Jaw, all 
suits or other proc eedinas in respect of any ma tter over which 
the Tribu nal has juri sdic tion and whicll are pendin g before any 
civil court or other authority on the date of comi ng into 
force of thi11 Act shall stand tranafcrred to the Tribunal and 
the civil court or other authority befo re whom such a sui t ·or 
proceed ing i'> pending shall transfer all relevant and connec ted 
papers and records to the Tribunal an d thereupon the Tribunal 
shall decide the suits and proceedings in the same manner as 
if they were app c·als preferred under the provisi ons of this Act. 
(4) The deci ;ion of the Tribunal shall be implemented 
within such reas onable time as may be specified by the Tri­
bunal. 
Representa- 10. 1 h ~ Governm ent, the . compe '. ent authority as well 
tion before as the civil servant preferring any appeal shall have the right 
Tribunal. to be r;)presen ted before the Tribunal throug h a duly autho-
rised rep res en tative or by an Advocate. 
Contempt. 11. t l) The Tribunal , shall be deemed to be a Civil Court 
for t he purpo :.e, of Sections 345 and 346 of the Code of 
Crimin al Procedure , 1973 (Central Act 2 o" 1974) and the 
Contempt of Courts Act, 1971 (Centr al Act 70 of 1971). 
(2) The proceedings before the Tribunal shall be deemed · 
to be a .Judicial Proceeding within the meani ng of Section 193 
of Indian Penal Code, 1860 (Cen tral Act No. 45 of 1860). , 
? 
f 
THE ASSAM GALBl'TE , EXTRAORDINARY. MAY 2, 1971 
P ow~ r to 
malr e r ules. 
12. (1) The State Governmen t may , by notification in 
the official Gazette, make r ules for the purposes of givin g. 
effect to the provi sions of this Act. 
(2) All rules made under this Section sha ll be laid 
for not less tha n fourteen days before the Assam Legisla­
tive Aasembly a1 soon as possible after the y are made and 
shall be subject to mch modifications as the Le~isla t ive 
Assembly may make during the session in which the y are 
so laid or the session immed iately following: 
Powe r to 13. ( l) Subject to the previous sanc tion of the State 
m~ke regu - Government, the Tribunal shall , from time to time , fram e 
lat1on by the 1 · · h h · · f h" A d T ribu 1 r e&u at1ons cons1&tent w11 t e prov1s1ons o t is ct an 
na · rules made under Section 12 for regu lating its proc edur e 
and disposal of iti business. 
(2) The regulations made under sub-section (1) shall 
be published in the Assam Gazette . 
Repea l and 1 4 . ( 1) The Assam Administrat ive Tribun al Ordinance, 
savi ng>. 19 i6, is hereby repealed. 
(2) Notwith8tanding such r epeal, any o rder passed, 
notification s is~ued anything done or any action taken under 
the Assam Admin{atrative Tribuna l Ordinan ce, 1976, shall 
b ~ deemed to hav e been passed, issued, done or taken under 
the corr ~ sponding provisions of this Act. 
tJ. TAH BILDA R , 
Secretary to the Govt. of As sam, 
Legislative D epar tmen t. 
11\UHATl-Printed and published by the Supdt., i/c. Assam Gov t. Pr inti o11 
Pren, (E"<-Gaz ette) No.123-l,625+400-2 -5-1977 . 

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