The Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008

AUTHORITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH ADMINISTRATIVE TRIBUNAL 
(TRANSFER OF DECIDED AND PENDING CASES AND 
APPLICATIONS) ACT, 2008. 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title and commencement. 
2.  Definitions. 
3.  Transfer of pending and disposed of cases and a pplications. 
4.  Intimation of transfer of cases to the parties.  
5.  Power to make rules. 
6.  Repeal of H.P. Ordinance No. 2 of 2008 and savi ng. 
------------- 
THE HIMACHAL PRADESH ADMINISTRATIVE TRIBUNAL 
(TRANSFER OF DECIDED AND PENDING CASES AND 
APPLICATIONS) ACT, 2008.  
(Act No. 14 of 2008)
1 
(Received the assent of the Governor on 30 th  September, 2008 and 
was published in Hindi and English in R.H.P., dated  4 th  October, 2008, p. 
4151-4158) 
An Act to provide for the transfer of decided cases  and pending 
applications before the Himachal Pradesh Administra tive 
Tribunal which has been abolished by the Government  of India 
vide Notification No. G.S.R.505 (E), dated 8 
th  July, 2008 by 
rescinding the Notification No. G.S.R. 1045(E), dated 26 th  August, 
1986. 
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the 
Fifty-ninth Year of the Republic of India as follows:- 
1. Short title and commencement. - (1) This Act may be called the 
Himachal Pradesh Administrative Tribunal (transfer of decided and pending 
cases and applications) Act, 2008. 
(2) It shall be deemed to have come into force on 8th  July, 2008. 
2. Definitions.-  In this Act, unless the context otherwise requires,— 
(a)  “application” means an application made under section 19 of 
the Administrative Tribunals Act, 1985; and 
                                                 
1  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects 
and Reasons see. R.H.P. dated 4.9. 2008, p. 3601 & 3608. 
 H. P. ADMINISTRATIVE TRIBUNAL (TRANSFER OF DECIDED  AND 
 PENDING CASES AND APPLICATIONS) ACT, 2008.  
2
(b) “Tribunal” means the Himachal Pradesh Administr ative 
Tribunal and Benches thereof established under sub- section (2) 
of section 4 of the Administrative Tribunals Act, 1 985 (13 of 
1985). 
3. Transfer of pending and disposed of cases and applications.- (1) 
Any suit or case or other proceeding which was tran sferred by any civil court 
and decided by the Tribunal or is pending on the da te of commencement of 
this Act, before the Tribunal shall stand transferr ed back to the same civil 
court from which it was transferred and in case suc h court is not in existence 
then to the court of competent jurisdiction in its place and such court shall 
proceed to dispose of the same as if it was a plain t under the Code of Civil 
Procedure, 1908 (5 of 1908). 
(2) Every proceeding which was transferred by the H igh Court to the 
Tribunal and decided by the Tribunal or is pending on the date of 
commencement of this Act, before the Tribunal shall stand transferred back to 
the High Court. 
(3) Every proceeding of a case which was filed as a n original 
application in the Tribunal and decided by the Trib unal or is pending on the 
date of commencement of this Act, before the said T ribunal shall stand 
transferred to the High Court. 
(4) Where any case or proceeding stands transferred  from the 
Tribunal to the High Court or civil court under sub-section (1), (2) or (3), - 
(a)  the records of such cases or proceedings shall  be forwarded to 
the High Court or the concerned civil court, as the case may be; 
and 
(b)  the High Court or the civil court, as the case  may be, on receipt 
of such record, proceed to deal with the case from the stage 
which was reached before such transfer or from any earlier 
stage as the High Court or the civil court may deem fit. 
(5) Every proceeding relating to contempt, executio n or review of 
final order or interim order pending before the Tri bunal on the date of 
commencement of this Act, shall stand transferred t o the High Court or the 
civil court, as the case may be. 
4. Intimation of transfer of cases to the parties.-   As soon as after 
the transfer of applications or proceedings under s ection 3, the High Court or 
the civil court concerned, as the case may be, shal l intimate the parties and 
their counsel accordingly. 
5. Powers to make rules.- (1) The State Government may, by 
notification in the Official Gazette, make rules fo r carrying out the purposes 
of this Act. 
(2) Every rule made under this Act, shall be laid, as soon as may be 
after it is made, before the Legislative Assembly w hile it is in session for a 
total period of not less than ten days which may co mprised in one session or 
H. P. ADMINISTRATIVE TRIBUNAL (TRANSFER OF DECIDED AND 3 
PENDING CASES AND APPLICATIONS) ACT, 2008.  
in two or more successive session and if, before th e expiry of the session in 
which it is so laid or the session immediately foll owing, the Assembly makes 
any modification in the rule or decides that the ru les should not be made, the 
rule shall, thereafter, have effect only in such mo dified form or be of no 
effect, as the case may be, so, however, that any s uch modification or 
annulment shall be without prejudice to the validit y of anything previously 
done under that rule. 
6. Repeal of H.P Ordinance No. 2 of 2008 and saving .-  (1) The 
Himachal Pradesh Administrative Tribunal (transfer of decided and pending 
cases and applications) Ordinance, 2008 is hereby repealed. 
(2) Notwithstanding such repeal, anything done or a ny action taken 
under the Ordinance so repealed, shall be deemed to  have been done or taken 
under the corresponding provisions of this Act. 
-------------- 
 

‹ Prev All Himachal Pradesh acts Next ›