<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 ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT
NOTIFICATION
The 2nd May 1977
No.LJL.93/76/77.-The following Act of the Assam L egislative Assembly
which received the assent of the President is hereby pu blished for general
information.
The Assam Gazette
Ufilflfiq
EXTRAORDINARY-
mfl-asq’vfi mt 3mm:
PUBLISHED BY AUTHORIITY
_.-~——_——_—_._—— ——"_—"-'_———‘—__‘-‘—~‘!F
—.__——.——-————__——
3T: 62, @425, (WWW, 2 at 1977, 12 am, 1899 #31
No. 62, Dispur, Monday, 2nd May, 1977, 13th Vaisukha,
1899 »(S. E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT
NOTIFICATION
The 2nd May 1977
No.LJL.93/76/77.——The following Act of the Assam Legislative Assembly
which received the assent of the President is hereby published for general
information.
_, v Am... 5.5
a16 THE ASSAM GAZETTE, EXTRAORDINARY, 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, 197 7
An
Act
r~ eamble. to provide for the constitution of a Tribunal to adjudicate
disputes 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 January, 1977.
2. In this Act, unless the context otherwise requires:-
(a) 'Chairman' means the Chair man of the Tribunal;
(b) 'Civil servant' means a person who is or has been
a member of a civil service or who holds or has
held a civil post in connection with the affairs of
the State of Assam and includes any such person
on foreign service, a person whose 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 temporarily placed
at the disposal of the State Government, a person
in service un<ier the State Government ou a contract and
a person who has retired from the Government service
elsewhere and has been re-employed under the State
Government but does not include employees of the
Gauhati High Court, employees of the Assam Legis-
lative Assembly Secretariat, employees of the Assam
Public Service Commission, persons in the All India
Service and other Civil services of the Indian Union,
or persons of Civil services of other State Govern-
ment servin~ on deputation in Assam ;
316 THE” :ASSAM GAZETTE, EXTRAORDINARY, MAY 2. 1977‘
ASSAM ACT VIII OF 1977 ' 7‘“
(Received the assent of the President of India on 2nd May
1977)
THE ASSAM ADMINISTRATIVE TRIBUNAL ACT, 1977
An
Act
Preamble. to provide for the constitution of aTribunal to adjudicate
disputes 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, 1. (1) This Act may be called the Assam Administrative
exam and Tribunal Act, 1977.
C 3mmence—
mem' _ (2) It shall extend to the whole of Assam.
'(3) It shall be, deemed to have come, into force on the
Third day of january, 1977.
Definitions- 2. In this Act, unless the context otherwise reguiresz— -
(a) ‘Chairman’ means the Chairman of the Tribunal;
(b) ‘Givil s‘ervant’ means a person who is or has been
a member of a civil service or who holds or has
held a civil post in connection with the affairs of
the State of Assam and includes any such person
on foreign service, a person whose services have been
temporarily placed at the disposal of a local or other
authority, 'any person in the service of alocal or other
authority whose services have been temporarily placed
at the disposal of the State Government, a person
in service under the State Government on a contract and
a person who has retired from the Government service
elsewhere and has been re-employed under the State
Government but does not include employees of the
Gauhati High Court, employees of the Assam Legis-
lative Assembly Secretariat, employees of the Assam
Public Service Commission, persons in the All India
Service and other Civil services of the Indian Union,
or persOns of Civil services of other State Govern-
ment serving on deputation in Assam;
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, appellate or rcvisional, under any service
ru le, executive instruction or order, · general or
special, of the State Government in respect of any con-
di tions of services 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 increments or promotion,
recovery from pay of any loss to the Government,
reduction to a lower service, arade or post, or to
a lower time scale, or to a lower staae in a time
scale, denial or variation 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 Gazette ;
(h) 'prescribed' means prescribed by rules made under
this Act;
(i) 'State Government' means the Government of Assam;
(j) 'Tribunal' means the Assam Administrative Tribunal
constituted under Section 3 of this Act. '. · ·.1
Cons ti tu• , 11 · f
tion of the 3. (1; The State Government sha constitute or the State
Tribunal. of Assam a Tr ibunal to be known as the Assam Adminis-
trn.tive Tribunal.
(2) The Tribunal shall consist of three members to be
aprointed by the State Government.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 1977-;. 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 Guuhati High Court;
(ii) services under the Assam Legislative Assembly;
(iii) service; 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
original, appellate or revisions], under any service
rule, executive instruction or order, 'general or
special, of the State Government in respect of any con-
ditions of services of a civil servant;
v
(6) ‘conditions of service’ includes all matters relating
to the—
(i) appointment, seniority, confirmation and termina—
tion of service of a civxl servant;
(ii) censure, withholding of increments or promotion,
recovery from pay of any loss to the Government,
reduction to alower service, grade or post, or to
a lower time scale, or to a .lower stage ina time
scale, denial or variation 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
.Assam Gazette; ‘
(h) ‘preScribed’ means prescribed by rules made under
this Act;
(i) ‘State Government’ means the Government of Assam;
(j) ‘Tribunal’ means therAssam Administrative Tribunal ‘
constituted under Section 3 of this Act. ,, 3 ' “Ll .
1;S§“§§’§§; 3. (l) The State Government shall constitute for the State
Tribunal. of Assam a Tribunal to be known as the Assam Adminis-
' _ trative Tribunal.
(2) The Tribunal shall consist of three members to be -
appointed by the State Government. ‘ ,
318 THB ASSA\i GAZETTE, EXTRAORDINARY, M:\Y 2, 1977
J1o1ri .. iction.
(3) The State 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 Chairman may, from time to time, specify.
4. (I) Save as otherwise 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 anything contained in sub-section
(I) above, the Tribunal shall have no jurisdiction with respect
to any order passed, when the civil servant 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 entertain 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 authority has not been finall y disposed of by the
corilpctent authority within a period of six months from the
date of filing &uch appeal , revision petition or representation.
(3) Notwithstanding anything contained in SUD-section
(1) above, the Tribunal shall have no jurisdiction to enter-
tain and dispose of appeals against any 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.
3138 , THE ASSAM GAZETTE, EXTRAORDINARY, _M AY 2, 1977 5--
(3) The State Government shall appoint one of ‘tjhe‘ -‘
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 age of sixty years.
(6) The salary and allowances of the members of the
Tribunal shall be such as may be prescribed.
(7) The principal seat of the Tribunal shall be at
Gauhati but the Tribunal may also sit at such other place
or places as the Chairman may, from time to time, specify.
Jurisdiction. 4. (1) Save as otherwise expressly provided in sub-section
(2) below the Tribunal shall haVc jurisdiction 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 anything contained in sub-section
(1) above, the Tribunal shall have no jurisdiction with respect
to any order passed, when the civil servant 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
above paragraph the Tribunal may entertain 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 authority has not been finally disposed of by the
. competent authority within a period of six months from the
t date of filing such appeal, revision petition or representation.
(3) Notwithstanding anything contained in sub-section
(1) above, the Tribunal shall, have no jurisdiction to enter-
tain and dispose of appeals against any order passed by a
competent authority under Article 311 (2) provisos (a), (b)
and (c) as also under F. R. 56 (b).
“limitations“ 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 aforesaid 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.
"Powqrufthe 6. The Tribunal shell. for the purpose of the disposal
Tub'ml' of an appeal have all the powers of a civil court for the
trial of a suit under the Code of Civil Procedure, 1908
(5 of 1908) in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on aflidavit;
(d) requisitioning any public ‘record or copy thereof
from any court or office ; and
(e) issuing commissions for examination of witnesses or
documents. »
Ameml‘mn‘ 7. Clerical or arithmatical mistakes indecision or orders
of (1661310!!!
or orders. or errors arising therein from any accidental slip or omi-
ssion may at any time be corrected by the Tribunal either
of its own motion or on the application of any of the
parties.
1’33:ng 8. (1) Subject to the provisions of this Act and the
Tribunal. rules framed thereunder the Tribunal shall have power to
regulate its own procedure and for the constitution of Be-
nches, if any, for the disposal of all matters arising out of
the exercise of its powers under the pr0visions of this Act.
(2) At least two of the members of the Tribunal will
hear and pass orders on appeals preferred before the Tribunal.
(3) The decision of the majOrity of the members present
and. hearing the matter shall be the decision of the Tri-
bunal. Where the members are equally divided 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
“gait; under the provisions ,of this Act shall be final.
an I'
suit, powers
of review of
its own . '
order and
transfer of
pending
proceedings;
..
(b) Notwithstanding any thing contained in rsub-section ~-
(1) (a) above, the Tribunal may~ on:: the application of any
of the parties, review its own decision or ord(',r in any case
Jlnd may pass such order 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 show cause why rnch order or decision should
not be reviewed :
.
Provided further that an tpplication for ! review under
sub-section (I) (b) sh all be made within thirty days from the
date of decision or order of the Tribunal.
(2) Notwithstanding anything contained in any law,
no civil court or other authority shall 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•~ tio 1 in any form
any order pas1ed by the Tribunal in any appeal or review with
respect to any matter when an appeal could have been pre-
ferred 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 proceedinas in respect of any matter over which
the Tribunal has jurisdic tion and whicll are pending before any
civil court or other authority on the date of coming into
force of thi11 Act shall stand tranafcrred to the Tribunal and
the civil court or other authority before whom such a sui t ·or
proceeding i'> pending shall transfer all relevant and connected
papers and records to the Tribunal and thereupon the Tribunal
shall decide the suits and proceedings in the same manner as
if they were app c·als preferred under the provisions of this Act.
(4) The deci ;ion of the Tribunal shall be implemented
within such reasonable time as may be specified by the Tri-
bunal.
Representa- 10. 1 h ~ Government, 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 through a duly autho-
rised represen 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
Criminal Procedure , 1973 (Central Act 2 o" 1974) and the
Contempt of Courts Act, 1971 (Central Act 70 of 1971).
(2) 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). ,
320 THE ASSAM GAZETTE, EXTRAORDINARY MAY 2,1977
(1) (a) above, the Tribunal may, on: the application ~of>any
of the parties, review its own decision or order in any case
and may pass such order as it thinks 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 show cause why such order or decision should
not be reviewed :
Provided further that en application forireview under
sub-section (1) (b) shall be made within thirty days from the
date of decision or order of the Tribunal.
(2) Notwithstanding anything contained in any law,
no civil court or other authority shall entertain any civil
‘ suit or othcr’proceedings with respect to any of the matters which
Representa-
tion before
Tribunal.
Coutempt.
fall within the jurisdiction of the Tribunal or quntio 1 in any form 1
any order passed by the Tribunal{ in any appeal or review with
respect to any matter when an appeal could have been pre-
ferred under the provisions of this Act or with respect to
any other matter which arises out of the exercise of powers
under this Act.
(3) Notwithstanding anything contained in any law, all ‘
suits or other proceedings in respect of any matter overwhich
the Tribuml has jurisdiction and which are pending before any
civil court or other authority on the date of coming into
force of this Act shall stand transferred to the Tribunal and’
the civil court or other authority before whom such a suit 'or
proceeding is pending shall transfer all relevant and connected
papers and records to the Tribunal and thereupon the Tribunal
shall decide the suits and proceedings in the same manner as
if they were app; als preferred Under the previsions of this Act.
(4-) The deci;ion of the Tribunal shall be implemented
within such reasonable time as may be speCified by the Tri—
bunal.
10. "lb Government, the compe' ent authority as well
as the civil servant preferring any appeal shall have the rig ht
to be represented before the Tribunalp through a duly autho-
rised representative or by an Advocate.
11. ii) The Tribunalfihall be deemed to bca Civil Court
for the purposes of Sections 345 and 346 of the Code of
Criminal Procedure, 1973 (Central Act 2 o“ 1974) and the
Contempt of Courts Act, 1971 (Central Act 70 of 1971)., "
(2) 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 ofl860). ,[
(b) Notwithstanding anything contained inlsub:section ”*e
?
f
THE ASSAM GALBl'TE, EXTRAORDINARY. MAY 2, 1971
Pow~r to
malre r ules.
12. (1) The State Government may, by notification in
the official Gazette, make r ules for the purposes of giving.
effect to the provisions of this Act.
(2) All rules made under this Section sha ll be laid
for not less than fourteen days before the Assam Legisla-
tive Aasembly a1 soon as possible after they are made and
shall be subject to mch modifications as the Le~islative
Assembly may make during the session in which they are
so laid or the session immediately following:
Power to 13. ( l) Subject to the previous sanct ion of the State
m~ke regu- Government, the Tribunal shall , from time to time, frame
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 regulating its procedure
and disposal of iti business.
(2) The regulations made under sub-section (1) shall
be published in the Assam Gazette.
Repeal and 14 . ( 1) The Assam Administrative Tribunal Ordinance,
saving>. 19 i6, is hereby repealed.
(2) Notwith8tanding such r epeal , any order passed,
notifications is~ued anything done or any action taken under
the Assam Admin{atrative Tribunal Ordinance, 1976, shall
b~ deemed to have been passed, issued, done or taken under
the corr~sponding provisions of this Act.
tJ. TAHBILDAR ,
Secretary to the Govt. of As sam,
Legislative D epar tment.
11\UHATl-Printed and published by the Supdt., i/c. Assam Govt. P r intio11
Pren, (E"<-Gazette) No.123-l,625+400-2-5-1977.
THE ASSAM GALEITE,EXTRAORDINARY. MAY 2, 1977 321
7 Power to 12. (l) The State Government may, by notification in
make “1‘“- thc oflicial Gazette, make rules for the purpOSes of giving-
effect to the provisiOns of this Act.
(2) All rules made under this SectiOn shall be laid
for not less than fourteen days before the ASSam Legisla-
tive Assembly as soon as possible after they are made and
shall be subject to such modifications as the Legislative
Assembly may make during the session in which they are
so laid or the session immediately following:
Power to. 13. (1) Subject to the previous sanction of the State
:23? 563$; Government, the Tribunal shall, from time to time, frame
Tribtm’}. regulations consistent With the provisions of this Act and
rules made under Section 12 for regulating its procedure
and dispoul of its business.
(2) The regulations made under sub-section (1) shall
be published in the Assam Gazette.
Repeal and 14. (1) The Assam AdminiStrative Tribunal Ordinance,
“Wig.“ 1976, is hereby repealed.
(2) Notwithstanding such repeal, any order passed,
notifications issued,anything done or any action taken under
the Assam Administrative Tribunal Ordinance, 1976, shall
be. deemed to have been passed, issued, done or taken under
the corresponding provisions of this Act.
\
, U. TAHBILDAR,
Secretary to the Govt. of ASSam,
Legislative Department.
iAUHATI—J’rinted and published by the Supdt., i/c. Assam Govt. Printing
Press, (Ex-Gazette) No.123 ~l,625+400—2-5-1977.
n.—