Chhattisgarh act 005 of 2004 : The Chhattisgarh Rajya Prashasnik Adhikaran (Lambit Avam Nirakrit) Act, 2004

Department
  • Department of LAW AND LEGISLATIVE AFFAIRS
Ministry
  • Ministry of State Government

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Short Titke, cxtent and Commencement.

Definitions.

Transfer of pending and dispased off cases and applications.

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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

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cnacted by the Chhattisgarh Legislative Assenibly in the fifty filth Year of the Republic of in

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(a) g4 TTG4A f0# 5 3A 2004 (b)

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CHHATTISGARH ADHINIYAM

(No. 5 of 2004)

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In this Adhiniyan unless the context otherwise requires i

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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.

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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.

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Power to make rules. -2004.

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