The JAMMU AND KASHMIR SPECIAL TRIBUNAL ACT, 1988

SPECIAL  TRIBUNAL  ACT,  1988
(Act  No.  XIX of  1988)

1. Short title and commencement.
2. Definitions.
3. Appeals,  revisions  etc.  to the Tribunal.
4. Establishment and composition  of the  Tribunal.
5. Eligibility  for appointment.
6. Discharge  of  functions by  the Tribunal.
7. Procedure  for pending  appeals, etc.
8. Chairman and the members to be public servants.
9. Power  to  make rules.
10. Repeal.
THE  JAMMU  AND  KASHMIR  SPECIAL  TRIBUNAL
ACT,  1988
(Act No. XIX of 1988)
CONTENTS
SECTION.
———
SPECIAL TRIBUNAL ACT, 1988 (1920 A.D.).213

THE JAMMU AND KASHMIR SPECIAL TRIBUNAL
ACT, 1988
(Act No. XIX of 1988)
[Received the assent  of the Governor  on 31st August, 1988 and
published in the Government Gazette dated 1st September, 1988].
An Act to provide for the presentation of appeals, revision and
review petitions arising under any law made by the 1[Legislative
Assembly of the Union territory], to Special Tribunal.
Be it enacted by the Jammu and Kashmir State Legislature in the
Thirty-ninth Year of the Republic of India as follows :—
1. Short  title and commencement. ––(1) This Act may be called the
Jammu and Kashmir Special Tribunal Act, 1988.
(2) It shall be deemed to have come into force from 9th day of May,
1986.
2. Definitions.–– In this Act unless the context otherwise requires,—
(a) “Chairman” means  the Chairman of  the Tribunal appointed
under section 4 of this Act ;
(b) “Tribunal” means the Special Tribunal constituted under
section 4 of  this  Act.
3. Appeals,  revisions  etc.  to the Tribunal. ––(1) Notwithstanding
anything contained in any law made by the 2[Legislative Assembly of the
Union territory of Jammu and Kashmir], 3[x x x x], an appeal, revision or
review petition which under any such law lies to the 4[Government of the
Union territory of Jammu and Kashmir] or a Minister shall, from such date
as may be appointed by the 4[Government of the Union territory of Jammu
and Kashmir] by notification in the 5[Official Gazette], lie or be so
preferred, brought, made or presented to the Tribunal and accordingly any
reference in any provisions of such law, which relate to the matters
SPECIAL TRIBUNAL ACT, 1988 215
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State Legislature”.
2. Substituted for “State Legislature” ibid.
3. Words, figures and brackets “but save as otherwise provided in sub-section (2)” omitted ibid.
4. Substituted for “Government” ibid.
5. Substituted ibid for “Government Gazette”.
216 SPECIAL TRIBUNAL ACT, 1988
aforesaid, to the 1[Government of the Union territory of Jammu and
Kashmir] or the Minister shall be construed as a reference to the Tribunal.
2[x x x x]
2[(2)] The Tribunal shall also excise all  the jurisdiction, powers and
authority in relation to such appeals, revisions and review  petittions as the
Legislature may by law provide.
4. Establishment and composition of the Tribunal. ––(1) The
1[Government of the Union territory of Jammu and Kashmir] may, by
notification in the 3[Official Gazette], establish a Tribunal to perform the
functions and to exercise the powers under this Act.
(2) The Tribunal shall consist of a Chairman and two or more
members as may be appointed by the Government.
(3) Any vacancy in the membership of the Tribunal shall be filled
up by the 1[Government of the Union territory of Jammu and Kashmir] as
soon as may be practicable.
(4) The Tribunal shall have power to act notwithstanding the
temporary absence of a member or the existence of a vacancy in the
Tribunal and no act or proceeding of the Tribunal shall be invalid or called
in question on the ground merely of such temporary absence or of the
existence of such vacancy.
5. Eligibility for appointment.–– A person shall be qualified for
appointment under section 4 if he––
(a) is an officer of the 1[Government of the Union territory of
Jammu and Kashmir] and  has held, for at least five years, the
post of Secretary to Government or any other post under the
*State or the Central Government carrying a scale of pay which
is not less than that of a Secretary to Government ;
(b) is a District and Sessions Judge and is eligible for appointment
as a Judge of the High Court.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government”.
2. Existing sub-section (2) omitted and sub-section (3) renumberred as sub-section (2) ibid.
3. Substituted ibid for “Government Gazette”.
* Now Union territory.
SPECIAL TRIBUNAL ACT, 1988 217
6. Discharge of functions by the Tribunal. ––(1) The powers and
functions of the Tribunal may be exercised,––
(a) by a bench consisting of the Chairman and all the members of
the Tribunal ; or
(b) by a bench consisting of two members constituted by the
Chairman ; or
(c) by the Chairman or any other member of the Tribunal authorised
by the Chairman in this behalf.
(2) If at any stage of the hearing of any case it appears to the
Chairman or the member as referred to in clause (c) or to the bench as
referred to in clause (b) of sub-section (1) that the case involves a
substantial question of law of general importance and the said question
needs to be decided by the full bench of the Tribunal, the case may be
transferred by the Chairman or as the case may be, referred  to him by the
member or the bench as referred to above for transfer to the full bench  of
the Tribunal.
(3) Where the powers and functions of the Tribunal are exercised by
a bench consisting of two members and members are divided in opinion
on any point or points, such point or points shall be referred to a bench
consisting of the Chairman and all the members of the Tribunal.
7. Procedure for pending appeals, etc.–– All appeals, revisions or
review petitions, which are pending before the 1[Government of the Union
territory of Jammu and Kashmir] or a Minister on the date appointed under
section 3, shall stand transferred to the Tribunal and the Tribunal shall take
such action as it considers necessary.
8. Chairman and the members to be public servants.–– The Chairman
and members of the Tribunal shall be deemed to be public servants within
the meaning of 2[section 21 of the Indian Penal Code (45 of 1860)].
9. Power to make rules.–– The 1[Government of the Union territory
of Jammu and Kashmir] may, by notification in the 3[Official Gazette],
make rules for carrying out the purposes of this Act.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government”.
2. Substituted for “section 21 of the Ranbir Penal Code, Samvat 1989” ibid.
3. Substituted ibid for “Government Gazette”.
218 SPECIAL TRIBUNAL ACT, 1988
10. Repeal.–– The Jammu and Kashmir Special Tribunal Act, 1986
(Governor’s Act No. IX of 1986) is hereby repealed.
–––––––

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