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154 (2)
Short Titke, cxtent and Commencement.
Definitions.
Transfer of pending and dispased off cases and applications.
3.
2.
THE CHHATTISGARH
RAJYA PRASHASNIK
ADHIKARAN (LAMBIT
A.
NIRAKRIT AVEDANO
KA ANTARAN)
ADHINIYAM, 2004
follews i
An Acto provide for the transfer of appicattons and cases pending before and. decided hy the Madhya Pradesh State Administrative Tribunal which was aboished by the Government of fndra Vide its notiication No,
GSR E) dated |7h April
2003 puhlished in the
Gzette or India. Be
1. )
cnacted by the Chhattisgarh Legislative Assenibly in the fifty filth Year of the Republic of in
(2)
(3)
(a) g4 TTG4A f0# 5 3A 2004 (b)
(c)
CHHATTISGARH ADHINIYAM
(No. 5 of 2004)
(1)
In this Adhiniyan unless the context otherwise requires i
(2)
This Adhiniyam may be called the Chhattisgarh Rajya Prashasnik. Adhik
(Lambit Avam Nirakrit Avecdano Ka Antaran) Adhin1yam. 2004. It extends to the whole of the State of Chhattisgarh.
It shall come into force fron the date ofits publication inthe ofiIcial Gazele
"Application" means application made under Section 19 of the Administraie Tribunals Act, 1985 (No. 13 of 1985) and includes other appiications made uner
the aforesaid Act.
"Appointed day" means the 1 7th day of Apri. 2003 in which the notification dateg
17th April, 2003 of the Government of India was publishcd in the Gazetit of india
for abolition of the Tribunal.
"Tribunal" means the Madhya Pradesh State Adinisrative Tribunal and its bench established under sub-section (2) of section 4 of the Administraive Tribu
nal Act, 1985 (No. 13of 1985).
Any suit or othe proceeding in relation to recruitment, and matters concemng
recruitment to any civil service of the State of Chhattisgarh or to a.ay civil posi
under the State of Chhattisgarh. service matter concerning a person apponled ie any civil service of the State of Chhattisgarh and pertaining to the service of suc
person in connection with the affairs of the State of
Chhattisgarh. which was
transferred by any civil court of Chhattisgarh State was pending hetore the Tribunal on the appointed day shall stand transferred back to the same civil ou and in case such court is not in existence, then to the court of conpeie
jurisdiction in its place and such court shall proceed to dispose off the sanie as it were suit under the Code of Civil Procedure, 1908 (No. 5 of 1908). Every proceeding of a case in relation to recruitment, and matters coneei recruitment to any civil service of the State of Chhattisgarh or to any C under the State of Chhattisgarh service matters concerning a person appointede
any civil service of the State of Chhattisgarh and pertainingto the servVice ofsuh
personin connection with the affairsof the State of Chhattisgarh which wS
transferredby the Madhya Pradeh, High Courtto the Tribunal and was Pending
before the Tribunal on the appointed day, shall stand l transferred othe High Cout
of Chhattisgarh.
3
(6)
(2)
SHT W4A, fei# 5 3td 2004 Every prOceeding ofa case in relation to reeruitment, and matters COncerning recruitnent to any civil service of the Ste of Chhattisgarh or to any civil post under the Sate of Chhalisgarh sCrvice matlers concerning a person apponted to ny civil I service of the State of Chhatlisgarh and pertainng to the servce ol such rsOn in conncCiOn \With he alfarS of the State of Chhtisgarh, which was CLlin the Tribunal as orngnal application and was pend1ng on the «ppointcd dy al stand translered to the High Court of Chhattisyarh, Where anv case or proccCdny ol the Tribunal stands transferred to any civil court ethe High Court ofChhattisgarh under sub-section ). (2) or (3). the record of CHch case or prOCCCdNg, shallbe lorwarded, as the case may be to the civil court or the High Court ofChhatisgarh.
On receipt of suchrecord, the civi court or the High Court of Chhatisgarh. as the
case may be, may lake such further proccedings from the stage existing inme
diatelv prior to the ransferor from any previous stage. as the civil court or the High
Court of Chhattisgarh may deen fit.
The record of all cases/applications decided by the Tribunal up to the appointed
day shall be transferred to the High Court of Chhattisgarh and concern civil courts
respectively.
The State Government may by notification make rules for carrying out the
purposes of this Act.
All rules made under this Act shall be laid on ihe
table of the Legislative Assembly.
I54(3 )
Power to make rules. -2004.