LexThe RAJASTHAN CIVIL SERVICES (SERVICE MATTERS APPELLATE TRIBUNALS) ACT, 1976
Rajasthan · state statute
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THE RAJASTHAN CIVIL SERVICES (SERVICE MATTERS
APPELLATE TRIBUNALS) ACT, 1976
(Act No. 34 of 1976)
(Received the assent of the President on the 7th day of May, 1976)
An Act to provide for the constitution of Appellate Tribunals for the service
matters and matters incidental thereto.
Be it enacted by the Rajasthan State Legislature in the twenty -Seventh Year of the
Republic of India as follows:-
1. Short title and commencement .- (1) This Act may be called the Rajasthan Civil
Services (Service Matters Appellate Tribunals) Act, 1976.
(2) It shall come into force on such date1 as the State Government may, by notification
in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the subject or context otherwise requires,-
(a) "Civil Services" means the Civil Services of the State of Rajasthan and such other
services as the State Government may notify in the official Gazette from time to
time, but shall not include-
(i) The members of the Rajasthan Higher Judicial Service and Rajasthan Judicial
Service;
(ii) Employees of the High Court of Judicature for Rajasthan;
(iii) Employees of the Rajasthan Legislative Assembly Secretariat Staff; and
(iv) Employees of the Rajasthan Public Service Commission;
(b) "Government" means the State Government;
(c) "Government Servant" means a person who is or has been a member of a Civil
Service or who holds or has held a Civil post under the Government of Rajasthan
and includes any such person on foreign Service or whose services are temporarily
placed at the disposal of a local or other authority and also any person in the
service of a local or other authority whose services have been temporarily placed
at the disposal of the State Government or a person in service on a contract or a
person who has retired from the Government service elsewhere and is re-employed
1 Came into force w.e.f. 1st July, 1976 vide Notification No. F 17(7)DOP/A -II/76, dated 24 -6-1976,
published in the Rajasthan Gazette, Part IV-C, Extraordinary, dated 24-6-1976.
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under the Government of Rajasthan, but does not include a person in the Civil
Service of the Indian Union or a State Government serving on deputation in
Rajasthan who will continue to be governed by the rules applicable to such person;
(d) "Prescribed" means prescribed by this Act or Rules made under this Act;
(e) "Tribunal" means a Tribunal constituted under a Section 3 of this Act;
(f) "Service matter" means any one or more than one of the following matters r elating
to a Government Servant:-
(i) Seniority;
(ii) Promotion;
(iii) Confirmation;
(iv) Fixation of pay;
(v) An order denying or varying pay, allowances, pension and other service
conditions to the disadvantage of a Government Servant, other -wise than as a
penalty;
(vi) Cases of reversion while officiating in a higher service, grade or post to lower
service, grade or post other-wise than as a penalty;
(vii) Withholding the pension or denying the maximum pension other -wise than as
the penalty;
(viii) Any other matter notified by the Government.
3. Constitution and Composition of Tribunals .- (1) The Governme nt may, by
notification in the Official Gazette, constitute from time to time, one or more tribunals as it
may consider necessary, Each of such tribunals shall be called the Rajasthan Civil Services
Appellate Tribunal.
(2) Each of the Tribunals shall consist of a Chairman who shall be an officer of super
time scale of Indian Administrative Service and at least two other members, one of whom
shall be a member of the Rajasthan Higher Judicial Service.
(3) The term of the Chairmen and members of the Trib unal shall ordinarily be three
years. The Governor may, however for special reason, recall the Chairman or any members of
the Tribunal before the expiry of the period of three years.
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4. Duties of Tribunal.- (1) The Rajasthan Civil services Appellate Tribunal shall hear
an appeal against the order passed by any officer or authority on any service matter or matters
affecting a Government servant in his personal capacity.
(2) The Tribunal shall have power to confirm, vary or reverse the order against which
the appeal is preferred or to remand the matter for fresh decision in accordance with the
directions given by it.
1 [4A. Appeal not to be admitted unless other remedies exhausted. - (1) The
Tribunal shall not ordinarily admit an appeal unless it is satisfied that the appellant had
availed of all the remedies available to him under - the relevant service rules as to redressal of
grievances.
(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all
the remedies available to him under the relevant service rules as to redressal of grievances-
(a) if a final order has been made by the Government or other authority or
Committee t or officer or other person competent to pass such order under
such rules, rejecting any appeal preferred or representation made by such
person in connection with the grievance; or
(b) where no final order has been made bv the Government or other authority or
Committee or officer or other person competent to pass such order with
regard to the appeal preferred or representation made by such person, if a
period of six months from the date on which such appeal was preferred or
representation was made has expired.
Explanation.- In this section the expression "service rules as to redressal of grievance" means
the rules, regulations, order or other instruments or arrangements as in force
for the Lime being with respect to redressal, otherwise than under this Act, of
any grievances in relation to services matters.]
5. Procedure of Tribunal .- (1) Subject to any rules that may be made in this behalf,
the Tribunal shall follow such procedure as it may think fit.
(2) At least two of the members of the Tribunal will hear and decide the matters before
the Tribunal.
1 Inserted by section 2 of the Rajasthan Act No. 17 of 2005, Published in Rajasthan Gazette, Part IV -A,
dated 24-10-2005.
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(3) The decision of the Tribunal shall be the decision of the majority of the members
present and hearing the matter. Where such members are equally divided in their opinion, the
matter would be referred to the another member and decided by the opinion of the majority of
the members including such other members who heard it.
6. Powers of Tribunal.- (1) The Tribunal shall for the purposes of the disposal of the
appeal under this Act, have the powers of a Civil Court while trying a suit under the code of
Civil Procedure, 1903(Central Act 5 of 1908) in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person;
(b) requiring the discovery and production of any documents; and
(c) issuing commissions for the examination of witnesses or documents.
(2) The Tribunal may examine on oath any person supposed to be acqu ainted with the
matter under probe or any fact relevant thereto and may record his evidence.
(3) The proceedings before the Tribunal shall be deemed to be a judicial proceeding
within the meaning of Section 193 of Indian Penal Code, 1860 (Central Act No. 45 of 1860).
(4) The Tribunal shall be deemed to be a Civil Court for the purposes of Sections 345
and 346 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974) and the Contempt of
Courts Act, 1971 (Central Act 70 of 1971).
1 [(5) The Tribunal may, on its own motion or on the application of any party
interested, review its own decision or order and pass in reference thereto such order as it
thinks just and proper:
Provided that the Tribunal shall not review its own decision or order unless it is
satisfied that there has been discovery of new and important fact or evidence which, after the
exercise of due diligence was not within the knowledge of such party or could not be
produced by such party at the time when such decision or order was made, or that there has
been some mistake or error apparent on the face of the record:
Provided furthe r-that no application under this sub -section shall lie to the Tribunal
after the expiry of thirty days from the date of the decision or order of which review i s being
sought:
1 Added by section 2 of the Rajasthan Act No. 02 of 2005, Published in Rajasthan Gazette, Part IV -A,
dated 11-03-2005.
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Provided also that an application may be entertained after the said period of thirty days
if the applicant satisfies the Tribunal that he had sufficient cause for not filing the application
within such time.
(6) Notwithstanding anything contained in I any judgment decree, order or direction of
any court, the orders of the Tribunal passed before the commencement of the Rajasthan Civil
Services (Service Matters Appellate Tribunals) (Amendment) Act, 200 5 (Act No. 2 of 2005)
in pursuance of its purported powers to review its own decisions shall be deemed to have been
passed validly under the provisions of sub-section (5) and shall have effect accordingly.]
7. Representation before Tribunal .- The Government as well affected parties shall
have th e right to be represented before the Tribunal through a representative or by an
Advocate.
8. Decision of the Tribunal t o be final. - The decision of the Tribunal shall be final
and implemented within the reasonable time to be specified by the Tribunal.
1[9. Limitation for appeals.- (1) The Tribunal shall not admit an appeal-
(a) in a case, where a final order such as is mention ed in clause (a) of sub -
section(2) of section 4A has been made in connection with the grievance,
unless the appeal is preferred w ithin six months from the date on which such
final order has been made;
(b) in a case, where an appeal or representation such as is mentioned in clause (b)
of sub-section (2) of section 4A has been preferred or made and a period of six
months has expired t hereafter without such final order having been made,
unless the appeal is preferred within six months from the date of expiry of the
said period of six months; or
(c) in other cases, unless the appeal is preferred within six months from the date of
the order against which appeal is preferred.
(2) Notwithstanding anything contained in sub -section (1), an appeal may be admitted
after the period of limitation specified in sub -section (1) if the appellant satisfies the Tribunal
that he had sufficient cause for not preferring the appeal within such period.]
1 Substituted by section 3 of the Rajasthan Act No. 17 of 2005, Published in Rajasthan Gazette, Part
IV-A, dated 24-10-2005.
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10. Jurisdiction of t he Civil Court excluded. - No suit or other proceedings shall lie
or be instituted in any Civil Court with respect to any matter arising under or provided for by
this Act.
11. Special provision in respect of pending cases. - Not withstanding anything
contained in this Act, all cases in respect of a service matter pending in any Civil Court on the
date on which this Act comes into force, shall be continued to be heard and decided by that
Court as if this Act had not been passed.
12. Power to make rules. - (1) The S tate Government may, by notification in the
Official Gazette, make rules for the purposes of giving effect to the provisions of this Act.
(2) All rules made under this Act, shall be laid, as soon as may be after they are so
made, before the House of the State Legislature, while it is in session, for a period of not less
than fourteen days which may be comprised in one session or in two successi ve sessions and,
if before the expiry of the session in which they are so laid or of the session immediately
following, the House of the State Legislature makes any modification in any of such rules or
resolves that any such rule should not be made, such r ule shall thereafter have effect only in
such modified form or be of no effect, as the case may be, so however that any Such
modification or annulment shall be without prejudice to the validity of anything previously
done there under.