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 applications.
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 saving.
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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 Administrative
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.
BE 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 8 th 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 Administrative
Tribunal and Benches thereof established under sub-section (2)
of section 4 of the Administrative Tribunals Act, 1985 (13 of
1985).
3. Transfer of pending and disposed of cases and applications.- (1)
Any suit or case or other proceeding which was transferred by any civil court
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 same civil
court from which it was transferred and in case such 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 plaint under the Code of Civil
Procedure, 1908 (5 of 1908).
(2) Every proceeding which was transferred by the High 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 an original
application in the Tribunal and decided by the Tribunal or is pending on the
date of commencement of this Act, before the said Tribunal 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, execution or review of
final order or interim order pending before the Tribunal on the date of
commencement of this Act, shall stand transferred to 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 section 3, the High Court or
the civil court concerned, as the case may be, shall 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 for 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 while it is in session for a
total period of not less than ten days which may comprised 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 the expiry of the session in
which it is so laid or the session immediately following, the Assembly makes
any modification in the rule or decides that the rules should not be made, the
rule 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 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 any action taken
under the Ordinance so repealed, shall be deemed to have been done or taken
under the corresponding provisions of this Act.
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