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Administrative Tribunals Act, 1985 | 15 | The Administrative Tribunals Act, 1985
15. Jurisdiction, Powers and Authority of State Administrative Tribunals. -
(1) Save as otherwise expressly provided in this
Act, Administrative Tribunal for a State shall exercise, on and from the
appointed day, all the jurisdiction, powers and authority exercisable
immediately before that day by all courts (except the Supreme Court in relation
to -
(a) recruitment, and matters
concerning recruitment, to any civil service of the State or to any civil post
under the State;
(b) all service
matters concerning a person [not being a person referred to in clause
(c) of this
sub-section or a member, person or civilian referred to in clause (b) of
sub-section (1) of section 14] appointed to any civil service of the State or
any civil post under the State and pertaining to the service of such person in
connection with the affairs of the State or of any local or other authority under
the control of the State Government or of any corporation or society owned or
controlled by the State Government;(c) all service matters pertaining to
service in connection with the affairs of the State concerning a person
appointed to any service or post referred to in clause (b), being a person
whose services have been placed by any such local or other authority or
corporation or society or other body as is controlled or owned by the State
Government at the disposal of the State Government for such appointment.
(2) The State Government may, by notification,
apply with effect from such date as may be specified in the notification the
provisions of sub-section
(3) to local or other authorities and
corporations or societies controlled or owned by the State Government :
Provided that if the State Government considers
it expedient so to do for the purpose of facilitating transition to the scheme
as envisaged by this Act, different dates may be so specified under this
sub-section in respect of different classes of, or different categories under
any class of local or other authorities or corporations or societies.
(3) Save as otherwise expressly provided in
this Act, the Administrative Tribunal for a State shall also exercise, on and
from the date with effect from which the provisions of this sub-section apply
to any local or other authority or corporation, all the jurisdiction, powers
and authority exercisable immediately before that date by all courts (except
the Supreme Court in relation to -
(a) recruitment, and
matters to recruitment, to any concerning service or post in connection with
the affairs of such local or other authority or corporation or society; and
(b) all service
matters concerning a person [other than a person referred to in clause (b) of
sub-section (1) of this section or a member, person or civilian referred to in
clause (b) of sub-section (1) of section 14] appointed to any service or post
in connection with the affairs of such local or other authority or corporation
or society and pertaining to the service of such person in connection with such
affairs.
(4) For the removal of doubts it is hereby
declared that the jurisdiction, powers and authority of the Administrative
Tribunal for a State shall not extend to or be exercisable in relation to, any
matter in relation to which the jurisdiction, powers and authority of the
Central Administrative Tribunal extends or is exercisable. |
Administrative Tribunals Act, 1985 | 16 | The Administrative Tribunals Act, 1985
16. Jurisdiction, Powers and Authority of a Joint Administrative Tribunal. -
A Joint Administrative Tribunal for two or
more States shall exercise all the jurisdiction, powers and authority,
exercisable by the Administrative Tribunals for such States. |
Administrative Tribunals Act, 1985 | 17 | The Administrative Tribunals Act, 1985
17. Power to Punish for Contempt. -
A Tribunal shall have, and exercise, the same jurisdiction,
powers and authority in respect of contempt of itself as a High Court has and
may exercise and, for this purpose, the provisions of the Contempt of Court
Act, 1971 (70 of 1971), shall have effect subject to the modifications that -
(a) the references therein to a High Court
shall be construed as including a reference to such Tribunal;
(b) the references to the Advocate-General in
section 15 of the said Act shall be construed, -
(i) in relation to the
Central Administrative Tribunal, as a reference to the Attorney-General or the
Solicitor-General or the Additional Solicitor-General; and
(ii) in relation to an
Administrative Tribunal for a State or a Joint Administrative Tribunal for two
or more States, as a reference to the Advocate-General of the State or any of
the States for which such Tribunal has been established. |
Administrative Tribunals Act, 1985 | 18 | The Administrative Tribunals Act, 1985
18. Distribution of Business amongst the Benches. -
(1) When any Benches of a Tribunal are
constituted the appropriate Government may from time to time, by notification,
make provisions as to the distribution of the business of the Tribunal amongst
the Benches and specify the matters which may be dealt with by each Bench.
(2) If any question arises as to whether any
matter falls within the purview of the business allocated to a Bench of a
Tribunal, the decision of the Chairman thereon shall be final.
Explanation :
For the removal of
doubts, it is hereby declared that the expression "matters" includes
applications under section 19. |
Administrative Tribunals Act, 1985 | 19 | The Administrative Tribunals Act, 1985
19. Applications to Tribunals. -
(1) Subject to the other provisions of this
Act, a person aggrieved by any order pertaining to any matter within the
jurisdiction of a Tribunal may make an application to the Tribunal for the
redressal of his grievance.
Explanation :
(a) by the Government or a local or other
authority within the territory of India or under the control of the Government
of India or by any corporation or society owned or controlled by the
Government; or
(b) by an officer, committee or other body or
agency of the Government or a local or other authority or corporation or
society referred to in clause (a).
(2) Every application under sub-section (1)
shall be in such form and be accompanied by such documents or other evidence
and by such fee (if any, not exceeding one hundred rupees) in respect of the
filing of such application and by such other fees for the service or execution
of processes, as may be prescribed by the Central Government.
(3) On receipt of an application under
sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may
deem necessary, that the application is a fit case for adjudication or trial by
it, admit such application; but where the Tribunal is not so satisfied, it may
summarily reject the application after recording its reasons.
(4) Where an application has been admitted by
a Tribunal under sub-section (3), every proceeding under the relevant service
rules as to redressal of grievances in relation to the subject-matter of such
application pending immediately before such admission shall abate and save as
otherwise direct by the Tribunal, no appeal or representation in relation to
such matter shall thereafter be entertained under such rules.
Comments: It is settled law that the Tribunal
has only power of judicial review of the administrative action of the appellant
on complaints relating to service conditions of employees. It is the exclusive
domain of the disciplinary authority to consider the evidence on record and to
record findings whether the charge has been proved or not. It is equally
settled law that technical rules of evidence has no application for the
disciplinary proceedings and the authority is to consider the material on
record. In judicial review, it is settled law that the Court or the Tribunal
has no power to trench on the jurisdiction to appreciate the evidence and to
arrive at its own conclusion. State of T.N. v. S. Subramaniam, AIR 1996
SUPREME COURT 1232 |
Administrative Tribunals Act, 1985 | 2 | The Administrative Tribunals Act, 1985
2. Act not to Apply to Certain Persons. -
The provisions of this Act shall not apply to
-
(a) any member of the naval, military or air
force or of any other armed forces of the Union;
(b) Omitted
(c) any officer or servant of the Supreme
Court or any High Court or Courts subordinate thereto;
(d) any person appointed to the secretarial
staff of either House of Parliament or to the secretarial staff of any State Legislature
or a House thereof or, in the case of a Union territory having a Legislature,
of that Legislature. |
Administrative Tribunals Act, 1985 | 20 | The Administrative Tribunals Act, 1985
20. Application not to be Admitted Unless Other Remedies Exhausted. -
(1) A Tribunal shall not ordinarily admit an
application unless it is satisfied that the applicant 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 Government or other authority 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 by the Government or other authority 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.
(3) For the purposes of sub-sections (1) and
(2), any remedy available to an applicant by way of submission of a memorial to
the President or to the Governor of a State or to any other functionary shall
not be deemed to be one of the remedies which are available unless the
applicant had elected to submit such memorial. |
Administrative Tribunals Act, 1985 | 21 | The Administrative Tribunals Act, 1985
21. Limitation. -
(1) A Tribunal shall not admit an application,
-
(a) in a case where a
final order such as is mentioned in clause (a) of sub-section (2) of section 20
has been made in connection with the grievance unless the application is made,
within one year 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 20 has been made and a period of six months had expired thereafter
without such final order having been made, within one year from the date of
expiry of the said period of six months.
(2) Notwithstanding anything contained in
sub-section (1), where -
(a) the grievance in
respect of which an application is made had arisen by reason of any order made
at any time during the period of three years immediately preceding the date on
which the jurisdiction, powers and authority of the Tribunal becomes
exercisable under this Act in respect of the matter to which such order
relates; and
(b) no proceedings for
the redressal of such grievance had been commenced before the said date before
any High Court, the application shall be entertained by the Tribunal if it is
made within the period referred to in clause (a), or, as the case may be,
clause (b), of sub-section (1) or within a period of six months from the said
date, whichever period expires later.
(3) Notwithstanding anything contained in
sub-section (1) or sub-section (2), an application may be admitted after the
period of one year specified in clause (a) or clause (b) of sub-section (1) or,
as the case may be, the period of six months specified in sub-section (2), if
the applicant satisfies the Tribunal that he had sufficient cause for not
making the application within such period. |
Administrative Tribunals Act, 1985 | 22 | The Administrative Tribunals Act, 1985
22. Procedure and Powers of Tribunals. -
(1) A Tribunal shall not be bound by the
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall
be guided by the principles of natural justice and subject to the other
provisions of this Act and of any rules made by the Central Government, the
Tribunal shall have power to regulate its own procedure including the fixing of
places and times of its inquiry and decided whether to sit in public or in
private.
(2) A tribunal shall decide every application
made to it as expeditiously as possible and ordinarily every application shall
be decided on a perusal of documents and written representations and after hearing
such oral arguments as may be advanced.
(3) A Tribunal shall have, for the purposes of
discharging its functions under this Act, the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a
suit, 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 affidavits;
(d) subject to the provisions
of section 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872),
requisitioning any public record or document or copy of such record or document
from any office;
(e) issuing
commissions for the examination of witnesses or, documents;
(f) reviewing its
decisions;
(g) dismissing a
representation for default or deciding it ex parte;
(h) setting aside any
order of dismissal of any representation for default or any order passed by it
ex parte; and
(i) any other matter
which may be prescribed by the Central Government. |
Administrative Tribunals Act, 1985 | 23 | The Administrative Tribunals Act, 1985
23. Right of Applicant to take Assistance of Legal Practitioner and of Government, Etc., to Appoint Presenting Officers. -
(1) A person making an application to a
Tribunal under this Act may either appear in person or take the assistance of a
legal practitioner of his choice to present his case before the Tribunal.
(2) The Central Government or a State
Government or a local or other authority or corporation or society, to which
the provisions of sub-section (3) of section 14 or sub-section (3) of section
15 apply, may authorize one or more legal practitioners or any of its officers
to act as presenting officers and every person so authorized by it may present
its case with respect to any application before a Tribunal. |
Administrative Tribunals Act, 1985 | 24 | The Administrative Tribunals Act, 1985
24. Conditions as to Making of Interim Orders.
-
Notwithstanding anything contained in any
other provisions of this Act or in any other law for the time being in force,
no interim order (whether by way of injunction or stay or in any other manner)
shall be made on, or in any proceedings relating to, an application unless -
(a) copies of such application and of all
documents in support of the plea for such interim order are furnished to the
party against whom such application is made or proposed to be made; and
(b) opportunity is given to such party to be
heard in the matter:
Provided that a Tribunal may dispense with the
requirements of clauses (a) and (b) and make an interim orders as an
exceptional measure if it is satisfied for reasons to be recorded in writing,
that it is necessary so to do for preventing any loss being caused to the
applicant which cannot be adequately compensated in money but any such interim
order shall, if it is not sooner vacated cease to have effect on the expiry of
a period of fourteen days from the date on which it is made unless the said
requirements have been complied with before the expiry of that period and the
Tribunal has continued the operation of the interim order. |
Administrative Tribunals Act, 1985 | 25 | The Administrative Tribunals Act, 1985
25. Power of Chairman to Transfer Cases from One Bench to Another. -
On the application of any of the parties and
after notice to the parties, and after hearing such of them as he may desire to
be heard, or on his own motion without such notice, the Chairman may transfer any
case pending before one Bench, for disposal, to any other Bench. |
Administrative Tribunals Act, 1985 | 26 | The Administrative Tribunals Act, 1985
26. Decision by Majority. -
If the Members of a Bench differ in opinion on
any point, the point shall be decided according to the opinion of the majority,
if there is a majority, but if the Members are equally divided, they shall
state the point or points on which they differ, and make a reference to the
Chairman who shall either hear the point or points himself or refer the case
for hearing on such point or points by one or more of the other Members of the
Tribunal and such point or points shall be decided according to the opinion of
the majority of the Members of the Tribunal who have heard the case, including
those who first heard it. |
Administrative Tribunals Act, 1985 | 27 | The Administrative Tribunals Act, 1985
27. Execution of Orders of a Tribunal. -
Subject to the other provisions of this Act
and the rules, the order of a Tribunal finally disposing of an application or
an appeal shall be final and shall not be called in question in any Court
(including a High Court) and such order shall be executed in the same manner in
which any final order of the nature referred to in clause (a) of sub-section
(2) of section 20 (whether or not such final order had actually been made) in
respect of the grievance to which the application relates would have been executed. |
Administrative Tribunals Act, 1985 | 28 | The Administrative Tribunals Act, 1985
28. Exclusion of Jurisdiction of Courts except the Supreme Court under Article 136 of the Constitution. -
On and from the date from which any
jurisdiction, power and authority becomes exercisable under this Act by a
Tribunal in relation to recruitment and matters concerning recruitment to any
service or post or service matters concerning members of any service or persons
appointed to any service or post, no Court except -
(a) the Supreme Court; or
(b) any Industrial Tribunal, Labor Court or
other authority constituted under the Industrial Disputes Act, 1947 (14 of
1947), or any other corresponding law for the time being in force shall have,
or be entitled to exercise any jurisdiction, powers or authority in relation to
such requirement or such service matters. |
Administrative Tribunals Act, 1985 | 29 | The Administrative Tribunals Act, 1985
29. Transfer of Pending Cases. -
(1) Every suit or other proceeding pending
before any court or other authority immediately before the date of
establishment of a Tribunal under this Act, being a suit or proceeding the
cause of action whether on it is based is such that it would have been, if it
has arisen after such establishment within the jurisdiction of such Tribunal
shall stand transferred on that date to such Tribunal:
Provided that nothing in this sub-section shall
apply to any appeal pending as aforesaid before a High Court.
(2) Every suit or other proceeding pending
before a court or other authority immediately before the date with effect from
which jurisdiction is conferred on a Tribunal in relation to any local or other
authority or corporation or society being a suit or proceeding the cause of
action whereon it is based is such that it would have been, if it had arisen
after the said date, within the jurisdiction of such Tribunal shall stand
transferred on that date to such Tribunal:
Provided that nothing in this sub-section shall
apply to any appeal pending as aforesaid before a High Court.
Explanation:
For the purposes of
this sub-section "date with effect from which jurisdiction is conferred on
a Tribunal", in relation to any local or other authority or corporation or
society, means the date with effect from which the provisions of sub-section
(3) of section 14 or, as the case may be, sub-section (3) of section 15 are
applied to such local or other authority or corporation or society.
(3) Where immediately before the date of
establishment of a Joint Administrative Tribunal any one or more of the States
for which it is established, has or have a State Tribunal or State Tribunals all
cases pending before such State Tribunal or State Tribunals immediately before
the said date together with the records thereof shall stand transferred on that
date to such Joint Administrative Tribunal.
Explanation:
For the purposes of
this sub-section, "State Tribunal" means a Tribunal established under
sub-section (2) of section 4.
(4) Where any suit, appeal or other proceeding
stands transferred from any court or other authority to a Tribunal under
sub-section (1) or sub-section (2), -
(a) the Court or other
authority shall, as soon as may be after such transfer, forward the records of
such suit, appeal or other proceeding to the Tribunal; and
(b) the Tribunal may,
on receipt of such records, proceed to deal with such suit, appeal or other proceeding,
so far as may be, in the same manner as in the case of an application under
section 19 from the stage which was reached before such transfer or from any
earlier stage or de novo as the Tribunal may deem fit.
(5) Where any case stands transferred to a
Joint Administrative Tribunal under sub-section (3), the Joint Administrative
Tribunal may proceed to deal with such case from the stage which was reached
before it stood so transferred.
(6) Every case pending before a Tribunal
immediately before the commencement of the Administrative Tribunals (Amendment)
Act, 1987, being a case the cause of action whereon it is based is such that it
would have been, if it had arisen after such commencement, within the
jurisdiction of any Court, shall together with the records thereof, stand
transferred on such commencement to such Court.
(7) Where any case stands transferred to a
court under sub-section (6), that Court may proceed to deal with such case from
the stage which was reached before it stood so transferred. |
Administrative Tribunals Act, 1985 | 3 | The Administrative Tribunals Act, 1985
3. Definitions. -
In this Act, unless the context otherwise
requires, -
(a) "Administrative Member", means a
Member of a Tribunal who is not a Judicial Member within the meaning of clause
(i);
(aa) "Administrative Tribunal", in
relation to a State or, as the case may be, the Joint Administrative Tribunal
for that State and any other State or States;
(b) "application" means an application
made under section 19;
(c) "appointed day" in relation to a
Tribunal, means the date with effect from which it is established, by
notification, under section 4;
(d) "appropriate Government" means,
-
(i) in relation to the
Central Administrative Tribunal or a Joint Administrative Tribunal, the Central
Government;
(ii) in relation to a
State Administrative Tribunal, the State Government;
(e) "Bench" means a Bench of a
Tribunal;
(f) "Central Administrative
Tribunal" means the Administrative Tribunal established under sub-section
(1) of section 4;
(g) "Chairman" means the Chairman of
a Tribunal;
(h) "Joint Administrative Tribunal"
means an Administrative Tribunal for two or more States established under
sub-section (3) of section 4;
(i) "Judicial Member" means a Member
of a Tribunal appointed as such under this Act, and includes the Chairman or a
Vice-Chairman who possesses any of the qualifications specified in sub-section
(3) of section 6;
(i-a) "Member" means a Member
(whether Judicial or Administrative) of a Tribunal, and includes the Chairman
and a Vice-Chairman;
(j) "notification" means a
notification published in the Official Gazette;
(k) "post" means a post within or
outside India;
(l) "prescribed" means prescribed by
rules made under this Act;
(m) "President" means the President
of India;
(n) Omitted
(o) "rules" means rules made under
this Act;
(p) "service" means service within
or outside India;
(q) "service matters", in relation
to a person, means all matters relating to the conditions of his service in
connection with the affairs of the Union or of any State or of any local or
other authority within the territory of India or under the control of the
Government of India, or, as the case may be, of any corporation or society
owned or controlled by the Government, as respect -
(i) remuneration
(including allowances), pension and other retirement benefits;
(ii) tenure including
confirmation, seniority, promotion, revision, premature retirement and
superannuation;
(iii) leave of any
kind;
(iv) disciplinary
matters; or
(v) any other matter
whatsoever;
(r) "service rules as to redressal of
grievances in relation to any matter" means the rules, regulations, orders
or other instruments or arrangements as in force for the time being with
respect to redressal, otherwise than under this Act, of any grievances in
relation to such matters;
(rr) "Society" means a Society
registered under the Societies Registration Act, 1860 (21 of 1860), or under
any corresponding law for the time being in force in State;
(s) "Supreme Court" means the
Supreme Court of India;
(t) "Tribunal" means the Central
Administrative Tribunal or a State Administrative Tribunal or a Joint
Administrative Tribunal;
(u) "Vice-Chairman" means
Vice-Chairman of a Tribunal.
Explanation: In the case of a Tribunal having two
or more Vice-Chairman references to the Vice-Chairman in this Act shall be
construed as a reference to each of those Vice-chairman. |
Administrative Tribunals Act, 1985 | 30 | The Administrative Tribunals Act, 1985
30. Proceedings before a Tribunal to be Judicial Proceedings. -
All proceedings before a Tribunal shall be
deemed to be judicial proceedings within the meaning of sections 193, 219 and
228 of the Indian Penal Code (45 of 1860). |
Administrative Tribunals Act, 1985 | 31 | The Administrative Tribunals Act, 1985
31. Members and Staff of Tribunal to be Public Servants. -
The Chairman, Vice-Chairman and other members
and the officers and other employees provided under section 13 to a Tribunal shall
be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860). |
Administrative Tribunals Act, 1985 | 32 | The Administrative Tribunals Act, 1985
32. Protection of Action taken in Good Faith.
-
Not suit, prosecution or other legal
proceedings shall lie against the Central or State Government or against the
Chairman, Vice-Chairman or other Member of any Central Joint or State
Administrative Tribunal, or any other person authorized by such Chairman,
Vice-Chairman or other Member for anything which is in good faith done or
intended to be done in pursuance of this Act or any rule or order made there
under. |
Administrative Tribunals Act, 1985 | 33 | The Administrative Tribunals Act, 1985
33. Act to have Overriding Effect. -
The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for
the time being in force or in any instrument having effect by virtue of any law
other than this Act. |
Administrative Tribunals Act, 1985 | 34 | The Administrative Tribunals Act, 1985
34. Power to Remove Difficulties. -
(1) If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order published
in the Official Gazette, make such provisions not inconsistent with the
provisions of this Act as appear to it to be necessary or expedient for
removing the difficulty.
(2) Every order made under this section shall,
as soon as may be after it is made, be laid before each House of Parliament. |
Administrative Tribunals Act, 1985 | 35 | The Administrative Tribunals Act, 1985
35. Power of the Central Government to Make Rules. -
(1) The Central Government may, subject to the
provisions of section 36, by notification make rules to carry out the
provisions of this Act.
(2) Without prejudice to the generally of the
foregoing power such rules may provide for all or any of the following, namely,
-
(a) the case or cases
which shall be decided by a Bench composed of more than two Members under
clause (d) of sub-section (4) of section 5;
(b) the procedure
under sub-section (3) of section 9 for the investigation of misbehavior or
incapacity of Chairman, Vice-Chairman or other Member;
(c) the salaries and
allowances payable to, and the other terms and conditions of, the Chairman, Vice-Chairman
and other Members;
(d) the form in which
an application may be made under section 19, the documents and other evidence
by which such application shall be accompanied and the fees payable in respect
of filing or such application or for the service or execution of processes;
(e) the rules subject
to which a Tribunal shall have power to regulate its own procedure under
sub-section (1) of section 22 and the additional matters in respect of which a
Tribunal may exercise the powers of a Civil Court under clause (i) of
sub-section (3) of that section; and |
Administrative Tribunals Act, 1985 | 36 | The Administrative Tribunals Act, 1985
36. Power of the Appropriate Government to Make Rules. -
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters
namely, -
(a) the financial and administrative power
which the Chairman of a Tribunal may exercise over the Benches of the Tribunal
under section 12;
(b) the salaries and allowances and conditions
of service of the officers and other employees of a Tribunal under sub-section
(2) of section 13; and |
Administrative Tribunals Act, 1985 | 37 | The Administrative Tribunals Act, 1985
37. Laying of Rules. -
(1) Every rule made under this Act by the
Central Government shall be laid as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions, and if before the expiry of the session immediately following the
session or the successive sessions aforesaid both Houses agree in making any
modification in the rule or both Houses agree that the rule 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
the rule.
(2) Every rule made by a State Government
under this Act shall be laid, as soon as may be after it is made, before the
State Legislature. |
Administrative Tribunals Act, 1985 | 4 | The Administrative Tribunals Act, 1985
4. Establishment of Administrative Tribunals.
-
(1) The Central Government shall by
notification, establish an Administrative Tribunal to be known as the Central
Administrative Tribunal, to exercise the jurisdiction powers and authority
conferred on the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of
a request in this behalf from any State Government, establish, by notification,
an Administrative Tribunal for the state to be known as...... (name of the
State) Administrative Tribunal to exercise the jurisdiction, power and
authority conferred on the Administrative Tribunal for the State by or under
this Act.
(3) Two or more states may notwithstanding
anything contained in sub-section (2) and notwithstanding that any or all of
those States has or have Tribunals established under that sub-section, enter
into an agreement that the same Administrative Tribunal shall be the
Administrative Tribunal for each of the States participating in the agreement,
and if the agreement is approved by the Central Government and published in the
Gazette of India and the official Gazette of each of those States, the Central
Government may, by notification, establish a Joint Administrative Tribunal to
exercise the jurisdiction, power and authority conferred on the Administrative
Tribunal for those States by or under this Act.
(4) An agreement under sub-section (3) shall
contain provisions as to the name of the Joint Administrative Tribunal. The
manner in which the participating States may be associated in the selection of
the Chairman, Vice-Chairman and other Members of the Joint Administrative
Tribunal, the places at which the Bench or Benches of the Tribunal shall sit,
the apportionment among the participating States of the expenditure in
connection with the Joint Administrative Tribunal and may also contain such
other supplemental, incidental and consequential provisions not inconsistent
with this Act as may be deemed necessary or expedient for giving effect to the
agreement.
(5) Notwithstanding anything contained in the
foregoing provisions of this section or sub-section (1) of section 5, the
Central Government may -
(a) with the
concurrence of any State Government, designate, by notification, all or any of
the Members of the Bench or Benches of the State Administrative Tribunal
established for the State under sub-section (2) as Members of the Bench or
Benches of the Central Administrative Tribunal in respect of that State and the
same shall exercise the jurisdiction, powers and authority conferred on the
Central Administrative Tribunal by or under this Act;
(b) on receipt of a
request in this behalf from any State Government, designate, by notification,
all or any of the Members of the Bench or Benches of the Central Administrative
Tribunal functioning in that State as the Members of the Bench or Benches of
the State Administrative Tribunal for that State and the same shall exercise
the jurisdiction, powers and authority conferred on the Administrative Tribunal
for that State by or under this Act, and upon such designation, the Bench or
Benches of the State Administrative Tribunal or, as the case may be, the Bench
or Benches of the Central Administrative Tribunal shall be deemed, in all
respects, to be the Central Administrative Tribunal, or the State
Administrative Tribunal for that States established under the provisions of
Art. 323-A of the Constitution and this Act.
(6) Every notification under sub-section (5)
shall also provide for the apportionment between the State concerned and the
Central Government of the expenditure in connection with the Members common to
the Central Administrative Tribunal and the State Administrative Tribunal and
such other incidental and consequential provisions not inconsistent with this Act
as may be deemed necessary or expedient. |
Administrative Tribunals Act, 1985 | 5 | The Administrative Tribunals Act, 1985
5. Composition of Tribunals and Benches Thereof. -
(1) Each Tribunal shall consist of a Chairman
and such number of Vice-Chairman and judicial and Administrative Members as the
appropriate Government may deem fit and, subject to the other provisions of
this Act, the jurisdiction, powers and authority of the Tribunal may be
exercised by Benches thereof.
(2) Subject to the other provisions of this Act,
a Bench shall consist of one Judicial Member and one Administrative Member.
(3) Omitted
(4) Notwithstanding anything contained in
sub-section (1) the Chairman -
(a) may, in addition
to discharging the functions of the Judicial Member or the Administrative
Member of the Bench to which he is appointed discharge the functions of the
Judicial Member or, as the case may be, the Administrative Member, of any other
Bench;
(b) may transfer the
Vice-Chairman or other Member from one Bench to another Bench;
(c) may authorize the
Vice-Chairman or the Judicial Member or the Administrative Member appointed to
one Bench to discharge also the functions of the Vice-Chairman, or, as the case
may be, the Judicial Member or the Administrative Member of another Bench; and
(d) may, for the
purpose of securing that any case or cases which, having regard to the nature
of the question involved, requires or require, in his opinion or under the
rules made by the Central Government in this behalf, to be decided by the Bench
composed of more than two members, issue such general or special orders, as he
may deem fit:
Provided that every Bench constituted in
pursuance of this clause shall include at least one Judicial Member and one
Administrative Member.
(5) Omitted
(6) Notwithstanding anything contained in the
foregoing provisions of this section, it shall be competent for the Chairman or
any other Member authorized by the Chairman in this behalf to function as a
Bench consisting of a single Member and exercise the jurisdiction, powers and
authority of the Tribunal in respect of such classes of cases or such matters
pertaining to such classes of cases as the Chairman may by general or special
order specify:
Provided that if at any stage of the hearing of
any such case or matter it appears to the Chairman or such Member that the case
or matter is of such a nature that it ought to be heard by a Bench consisting
of two members, the case or matter may be transferred by the Chairman or, as
the case may be, referred to him for transfer to, such Bench as the Chairman
may deem fit.
(7) Subject to the other provisions of this
Act, the Benches of the Central Administrative Tribunal shall ordinarily sit at
New Delhi (which shall be known as the principal Bench), Allahabad, Calcutta,
Madras, New Bombay and at such other places as the Central Government may, by
notification, specify.
(8) Subject to the other provisions of this
Act, the place at which the Principal Bench and other Benches of a State
Administrative Tribunal shall ordinarily sit shall be such as the State
Government may, by notification, specify. |
Administrative Tribunals Act, 1985 | 6 | The Administrative Tribunals Act, 1985
6. Qualifications for Appointment of Chairman, Vice-Chairman or Other Members. -
(1) A person shall not be qualified for
appointment as the Chairman unless he -
(a) is, or has been, a
Judge of a High Court; or
(b) has, for at least
two years, held the office of Vice-Chairman;
(c) Omitted
(2) A person shall not be qualified for
appointment as the Vice-Chairman unless he -
(a) is, or has been,
or is qualified to be a Judge of a High Court; or
(b) has for at least
two years, held the post of a Secretary to the Government of India or any other
post under the Central or a State Government carrying a scale of pay which is
not less than that of a Secretary to the Government of India; or
(bb) has, for at least
five years, held the post of an Additional Secretary to the Government of India
or any other post under the Central or a State Government carrying a scale of
pay which is not less than that of an Additional Secretary to the Government of
India; or
(c) has, for a period
of not less than three years, held office as a Judicial Member or an
Administrative Member.
(3) A person shall not be qualified for
appointment as a Judicial Member unless he -
(a) is, or has been,
or is qualified to be, a Judge of a High Court; or
(b) has been a member
of the Indian Legal Service and has held a post in Grade I of the service for
at least three years.
(3-A) A person shall not be qualified for
appointment as an Administrative Member unless he -
(a) has, for at least
two years, held the post of an Additional Secretary to the Government of India
or any other post under the Central or a State Government carrying a scale of pay
which is not less than that of an Additional Secretary to the Government of
India; or
(b) has, for at least
three years, held the post of a Joint Secretary to the Government of India or
any other post under the Central or a State Government carrying a scale of pay
which is not less than that of a Joint Secretary to the Government of India.
and shall, in either case, have adequate administrative experience.
(4) Subject to the provisions of sub-section
(7), the Chairman, Vice-Chairman and every other Member of the Central
Administrative Tribunal shall be appointed by the President.
(5) Subject to the provisions of sub-section
(7), the Chairman, Vice-Chairman and every other Member of an Administrative
Tribunal for a State shall be appointed by the President after consultation
with the Governor of the concerned State.
(6) The Chairman, Vice-Chairman and every
other Member of a Joint Administrative Tribunal shall, subject to the terms of
the agreement between the participating State Government published under
sub-section (3) of section 4, and subject to the provisions of sub-section (7)
be appointed by the President after consultation with Governors of the
concerned State.
Explanation: In computing, for the purposes of this
section, the period during which a person has held any post under the Central
or a State Government, there shall be included the period during which he has
held any other post under the Central or a State Government (including an
office under this Act) carrying the same scale of pay as that of the first
mentioned post or a higher scale of pay.
(7) No appointment of a person possessing the
qualifications specified in this section as the Chairman, a Vice-Chairman or a
Member shall be made except after consultation with the Chief Justice of India. |
Administrative Tribunals Act, 1985 | 7 | The Administrative Tribunals Act, 1985
7. Vice-Chairman to Act as Chairman or to Discharge his Functions in Certain Circumstances. -
(1) In the event of the occurrence of any
vacancy in the office of the Chairman by reason of his death, resignation or
otherwise, the Vice-Chairmen or, as the case may be, such one of the
Vice-Chairmen as the appropriate Government may, by notification, authorize in
this behalf, shall act as the Chairman until the date on which a new Chairman,
appointed in accordance with the provisions of this Act to fill such vacancy
enters upon his office.
(2) When the Chairman is unable to discharge
his functions owing to absence, illness or any other cause, the Vice-Chairman
or, as the case may be, such one of the Vice-Chairmen as the appropriate
Government may, by notification, authorize in this behalf, shall discharge the
functions of the Chairman until the date on which the Chairman resumes his
duties. |
Administrative Tribunals Act, 1985 | 8 | The Administrative Tribunals Act, 1985
8. Term of Office. -
The Chairman, Vice-Chairman or other Member
shall hold office as such for a term of five years from the date on which he
enters upon his office, but shall be eligible for re-appointment for another
term of five years:
Provided that no Chairman, Vice-Chairman or
other member, shall hold office as such after he has attained, -
(a) in the case of the Chairman, or
Vice-Chairman, the age of sixty-five years, and |
Administrative Tribunals Act, 1985 | 9 | The Administrative Tribunals Act, 1985
9. Resignation and Removal.
(1) The Chairman, Vice-Chairman or other Members
may, by notice in writing under his hand addressed to the President, resign his
office:
Provided that the Chairman, Vice-Chairman or
other Member shall unless he is permitted by the President to relinquish his
office sooner, continue to hold office until the expiry of three months from
the date of receipt of such notice or until a person duly appointed as his
successor enters upon his office or until the expiry of his term of office,
whichever is the earliest.
(2) The Chairman, Vice-Chairman or any other
Member shall not be removed from his office except by an order made by the
President on the ground of proved misbehavior or incapacity after an inquiry
made by a Judge of the Supreme Court in which such Chairman, Vice-Chairman or
other Member had been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules,
regulate the procedure for the investigation of misbehavior or incapacity of
the Chairman, Vice-Chairman or other Member referred to in sub-section (2). |
Administrators General Act, 1963 | 1 | 1. Short title, extent and commencement.-
(1) This Act may be called the Administrators-GeneralAct, 1963.
(2) It extends to the whole of India 1***.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. |
Administrators General Act, 1963 | 10 | 10. Power of Administrator-General to collect and hold assets where immediate action is required.-
Whenever any person has died leaving assets within any State exceeding rupees 1[ten lakhs] in value, and the High Court for that State is satisfied that there is imminent danger of misappropriation, deterioration or waste of such assets, requiring immediate action, the High Court may, upon the application of the Administrator-General or of any person interested in such assets or in the due administration thereof, forthwith direct the Administrator-General-
(a) to collect and take possession of such assets, and
(b) to hold, deposit, realise, sell or invest the same according to the directions of the High Court, and, in default of any such directions, according to the provisions of this Act so far as the same are applicable to such assets.
(2) Any order of the High Court under sub-section (1) shall entitle the Administrator-General-(a) to maintain any suit or proceeding for the recovery of such assets;
(b) if he thinks fit, to apply for letters of administration of the estate of such deceased person;
(c) to retain out of the assets of the estate any fees chargeable under rules made under this Act; and
(d) to reimburse himself for all payments made by him in respect of such assets which a private administrator might lawfully have made. |
Administrators General Act, 1963 | 11 | 11. Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator-General.-
If, in the course of proceedings to obtain letters of administration under the provisions of section 9 or section 10,-
(a) any person appears and establishes his claim-
(i) to probate of the will of the deceased; or
(ii) to letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law; or
(b) any person satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925); or
(c) the High Court is satisfied that there is no apprehension of misappropriation, deterioration, or waste of the assets and that the grant of letters of administration in such proceedings is not otherwise necessary for the protection of the assets, the High Court shall-
(1) in the case mentioned in clause (a), grant probate of the will or letters of administration accordingly;
(2) in the case mentioned in clause (b) or clause (c), drop the proceedings; and
(3) in all the cases award to the Administrator-General the costs of any proceedings taken by him under those sections to be paid out of the estate as part of the testamentary or interstate expenses thereof. |
Administrators General Act, 1963 | 12 | 12. Grant of administration to Administrator-General in certain cases.-
If, in the course of proceedings to obtain letters of administration under the provisions of section 9 or section 10, and within such period as to the High Court seems reasonable, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next-of-kin of the deceased, or satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925), and the High Court is satisfied that there is apprehension of misappropriation, deterioration, or waste of the assets or that the grant of letters of administration in such proceedings is other wise necessary for the protection of the assets; or if a person who has established his claim to a grant of letters of administration as next-of-kin of the deceased fails to give such security as may be required of him by law; the High Court may grant letters of administration to the Administrator-General.
1.Subs. by Act 33 of 2012, s. 2, for "two lakhs" (w.e.f. 1-7-2012). |
Administrators General Act, 1963 | 13 | 13. Administrator-General not precluded from applying for letters within one month afterdeath.-
Nothing in this Act shall be deemed to preclude the Administrator-General from applying to the High Court for letters of administration in any case within the period of one month from the death of the deceased. |
Administrators General Act, 1963 | 14 | 14. Recall of Administrator-General's administration and grant of probate, etc., to executor or next-of-kin.-
If an executor or next-of-kin of the deceased, who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto, establishes to the satisfaction of the High Court a claim to probate of will or to letters of administration in preference to theAdministrator-General, any letters of administration granted in accordance with the provisions of this Act to the Administrator-General-
(a) shall be revoked, if a will of the deceased is proved in the State;
(b) may be revoked, in other cases, if an application for that purpose is made within six months after the grant to the Administrator-General and the High Court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made;
and probate or letters of administration may be granted to such executor or next-of-kin, as the case may be. |
Administrators General Act, 1963 | 15 | 15. Cost of obtaining administration, etc., may, on revocation, be ordered to be paid toAdministrator-General out of estate.-
If any letters of administration granted to theAdministrator-General in accordance with the provisions of this Act are revoked, the High Court may order the costs of obtaining such letters of administration, and the whole or any part of any fees which would otherwise have been payable under this Act, together with the costs of the Administrator-General in any proceedings taken to obtain such revocation, to be paid to or retained by the Administrator-General out of the estate:
Provided that nothing in this section shall affect the provisions of clauses (c) and (d) of sub-section (2) of section 10. |
Administrators General Act, 1963 | 16 | 16. After revocation letters granted to Administrator-General to be deemed, as to him, to have been voidable only.-
If any letters of administration granted to the Administrator-General in accordance with the provisions of this Act are revoked, the same shall, so far as regards theAdministrator-General and all persons acting under his authority in pursuance thereof, be deemed to have been only voidable, except as to any act done by any such Administrator-General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void:
Provided that no notice of a will or of any other fact which would render any such letters void shall affect the Administrator-General or any person acting under his authority in pursuance of such letters unless, within the period of one month from the time of giving such notice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without unreasonable delay. |
Administrators General Act, 1963 | 17 | 17. Payments made by Administrator-General prior to revocation.-
If any letters of administration granted to the Administrator-General in accordance with the provisions of this Act are revoked, upon the grant of probate of a will, or upon the grant of letters of administration with a copy of the will annexed, all payments made or acts done by or under the authority of the Administrator-General in pursuance of such letters of administration, prior to the revocation, which would have been valid under any letters of administration lawfully granted to him with a copy of such will annexed, shall be deemed valid notwithstanding such revocation. |
Administrators General Act, 1963 | 18 | 18.Administrator-General's petition for grant of letters of administration.-
Whenever anyAdministrator-General applies for letters of administration in accordance with the provisions of this Act, it shall be sufficient if the petition required to be presented for the grant of such letters states,-
(i) the time and place of the death of the deceased to the best of the knowledge and belief of the petitioner;
(ii) the names and addresses of the surviving next-of-kin of the deceased, if known;
(iii) the particulars and value of the assets likely to come into the hands of the petitioner; (iv) particulars of the liabilities of the estate, if known. |
Administrators General Act, 1963 | 19 | 19. Name in which probate or letters to be granted.-
All probates or letters of administration granted to any Administrator-General shall be granted to him by that name. |
Administrators General Act, 1963 | 2 | 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "assets" means all the property, movable and immovable, of a deceased person, which is chargeable with and applicable to the payment of his debts and legacies, or available for distribution among his heirs and next-of-kin;
(b) "letters of administration" includes any letters of administration whether general or with a copy of the will annexed or limited in time or otherwise;
(c) "next-of-kin" includes a widower or widow of a deceased person, or any other person who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased; and
(d) "prescribed" means prescribed by rules made under this Act. |
Administrators General Act, 1963 | 20 | 20. Effect of probate or letters granted to Administrator-General.-
(1) Probate or letters of administration granted by the High Court to the Administrator-General of any State shall have effect over all the assets of the deceased throughout 1[India] and shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts and all persons delivering up such assets to such Administrator-General.
(2) Whenever a grant of probate or letters of administration is made by a High Court to theAdministrator-General, the High Court shall send to the High Courts for the other States a certificate that such grant has been made, and such certificate shall be filed by the High Court receiving the same.
2[(3) Any probate or letters of administration granted by the High Court for the State of Jammu and Kashmir* before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 shall, after such commencement, be as effective as if such probate or letters of administration had been granted under this section.] |
Administrators General Act, 1963 | 21 | 21.[Effect of grant by the High Court of Jammu and Kashmir.] Omitted by the Central Laws(Extension to Jammu and Kashmir) Act 1968 (25 of 1968), s. 2 and the Schedule (w.e.f. 15-8-1968). |
Administrators General Act, 1963 | 22 | 22. Transfer by private executor or administrator of interest under probate or letters.-
(1)Any private executor or administrator may, with the previous consent of the Administrator-General of the State in which any of the assets of the estate, in respect of which such executor or administrator has obtained probate or letters of administration, are situate, by an instrument in writing under his hand notified in the Official Gazette, transfer the assets of the estate, vested in him by virtue of such probate or letters to the Administrator-General by that name or any other sufficient description.
(2) As from the date of such transfer, the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts done before the date of such transfer, and the Administrator-General shall have the rights which he would have had, and be subject to the liabilities to which he would have been subject, if the probate or letters of administration, as the case may be, had been granted to him by that name at the date of such transfer. |
Administrators General Act, 1963 | 23 | 23. Distribution of assets.-
(1) When the Administrator-General has given the prescribed notice to creditors and others to send in to him their claims against the estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to distribute the assets or any part thereof in discharge of such lawful claims as he has notice of.
(2) The Administrator-General shall not be liable for the assets so distributed to any person of whose claims he had no notice at the time of such distribution.
(3) No notice of any claim which has been sent in and has been rejected or disallowed in part by theAdministrator-General shall affect him, unless proceedings to enforce such claim are commenced within one month after notice of the rejection or disallowance of such claim has been given in the prescribed manner and unless such proceedings are prosecuted without unreasonable delay.
(4) Nothing in this section shall prejudice the right of any creditor or other claimant to follow the assets or any part thereof in the hands of the persons who may have received the same respectively.
(5) In computing the period of limitation for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor or other claimant to the Administrator-General and the date of the final decision of the Administrator-Generalon such claim shall be excluded.
1.Subs. by Act 25 of 1968, s. 2 and the Schedule, for "the territories to which this Act extends" (w.e.f. 15-8-1968).
2.Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-8-1968).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. |
Administrators General Act, 1963 | 24 | 24. Appointment of Official Trustee as trustee of assets after completion of administration.-
(1) When the Administrator-General has, so far as may be, discharged all the liabilities of an estate administered by him, he shall notify the fact in the Official Gazette, and he may, by an instrument in writing, with the consent of the Official Trustee and subject to any rules made by the State Government, appoint the Official Trustee to be the trustee of any assets then remaining in his hands.
(2) Upon such appointment, such assets shall vest in the Official Trustee as if he had been appointed trustee in accordance with the provisions of the Official Trustees Act, 1913 (2 of 1913), and shall be held by him upon the same trusts as the same were held immediately before such appointment. |
Administrators General Act, 1963 | 25 | 25. Power of High Court to give directions regarding administration of estate.-
The High Court may, on application made to it by the Administrator-General or any person interested in the assets or in the due administration thereof, give to the Administrator-General of the State any general or special directions as to any estate in his charge or in regard to the administration of any such estate. |
Administrators General Act, 1963 | 26 | 26. No security to be required from Administrator-General.-
No Administrator-General shall be required by any Court to enter into any administration bond, or to give other security to the Court, on the grant of any letters of administration to him by that name. |
Administrators General Act, 1963 | 27 | 27. Manner in which petition to be verified by Administrator-General.-
NoAdministrator-General shall be required to verify, otherwise than by his signature, any petition presented by him under the provisions of this Act, and, if the facts stated in any such petition are not within his own personal knowledge, the petition may be subscribed and verified by any person competent to make verification. |
Administrators General Act, 1963 | 28 | 28. Entry of Administrator-General not to constitute notice of a trust.-
The entry of theAdministrator-General by that name in the books of a company shall not constitute notice of a trust, and a company shall not be entitled to object to entering the name of the Administrator-General on its register by reason only that the Administrator-General is a corporation, and in dealing with assets the fact that the person dealt with is the Administrator-General shall not of itself constitute notice of a trust. |
Administrators General Act, 1963 | 29 | 29. In what cases Administrator-General may grant certificate.-
(1) Whenever any person has died leaving assets within any State and the Administrator-General of such State is satisfied that such assets, excluding any sum of money deposited in a Government Savings Bank or in any provident fund to
which the provisions of the Provident Funds Act, 1925 (19 of 1925), apply, did not at the date of death exceed in the whole 1[ten lakhs] rupees in value, he may grant to any person, claiming otherwise than as a creditor to be interested in such assets or in the due administration thereof, a certificate under his hand
entitling the claimant to receive the assets therein mentioned left by the deceased within the State, to a value not exceeding in the whole 1[ten lakhs] rupees.
(2) No certificate under this section shall be granted before the lapse of one month from the death unless before the lapse of the said one month the Administrator-General is requested so to do by writing under the hand of the executor or the widow or other person entitled to administer the estate of the deceased and he thinks fit to grant it.
(3) No certificate shall be granted under this section,-
(i) where probate of the deceased's will or letters of administration of his estate has or have been granted; or
(ii) in respect of any sum of money deposited in a Government Savings Bank or in any provident fund to which the provisions of the Provident Funds Act, 1925 (19 of 1925), apply.
1. Subs. by Act 33 of 2012, s. 2, for "two lakhs" (w.e.f. 1-7-2012). |
Administrators General Act, 1963 | 3 | 3. Appointment of Administrator-General.-
(1) The State Government shall appoint anAdministrator-General for the State:
Provided that nothing herein contained shall be deemed to bar the appointment of the same person asAdministrator-General for two or more States.
(2) No person shall be appointed to the office of Administrator-General unless he has been for at least-
(a) seven years an advocate; or
(b) seven years an attorney of a High Court; or
(c) ten years a member of the judicial service of a State; or (d) five years a Deputy Administrator-General. |
Administrators General Act, 1963 | 30 | 30.Grant of certificate to creditors and power to take charge of certain estates.-
(1) If, in cases falling within section 29, no person claiming to be interested otherwise than as a creditor in such assets or in the due administration thereof obtains, within three months of the death of the deceased, a certificate from the Administrator-General under that section, or probate of a will or letters of administration of the estate of the deceased, the Administrator-General may administer the estate without letters of administration, in the same manner as if such letters had been granted to him.
(2) If the Administrator-General neglects or refuses to administer such estate, he shall, upon the application of a creditor, grant a certificate to him in the same manner as if he were interested in such assets otherwise than as a creditor; and such certificate shall have the same effect as a certificate granted under the provisions of section 29, and shall be subject to all the provisions of this Act which are applicable to such certificate.
(3) The Administrator-General may, if he thinks fit, before granting a certificate under sub-section (2), require the creditor to give reasonable security for the due administration of the estate of the deceased. |
Administrators General Act, 1963 | 31 | 31. Administrator-General not bound to grant certificate unless satisfied of claimant's title,etc.-
The Administrator-General shall not be bound to grant any certificate under section 29 or section 30 unless he is satisfied after making such inquiry as he thinks fit of the title of the claimant and of the value of the assets left by the deceased within the State. |
Administrators General Act, 1963 | 32 | 32. Effect of certificate.-
The holder of a certificate granted in accordance with the provisions of section 29 or section 30 shall have in respect of the assets specified in such certificate the same powers and duties, and be subject to the same liabilities as he would have had or been subject to if letters of administration had been granted to him:
Provided that nothing in this section shall be deemed to require any person holding such certificate,-
(a) to file accounts or inventories of the assets of the deceased before any court or other authority; or
(b) save as provided in section 30, to give any bond for the due administration of the estate. |
Administrators General Act, 1963 | 33 | 33. Revocation of certificate.-
(1) The Administrator-General may revoke a certificate granted under the provisions of section 29 or section 30 on any of the following grounds, namely:-
(i) that the certificate was obtained by fraud or misrepresentation made to him;
(ii) that the certificate was obtained by means of an untrue allegation of a fact essential in law to justify the grant though such allegation was made in ignorance or inadvertently.
(2) No certificate shall be revoked under this section unless the holder of the certificate has been given a reasonable opportunity of showing cause why the certificate should not be so revoked. |
Administrators General Act, 1963 | 34 | 34. Surrender of revoked certificate.-
(1) When a certificate is revoked in accordance with the provisions of section 33, the holder thereof shall, on the requisition of the Administrator-General, deliver it up to such Administrator-General, but shall not be entitled to the refund of any fee paid thereon.
(2) If such person wilfully and without reasonable cause omits to deliver up the certificate, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both. |
Administrators General Act, 1963 | 35 | 35. Payment to holder of certificate before it is revoked.-
When a certificate is revoked in accordance with the provisions of section 33, all payments made in good faith under such certificate to the holder thereof before such revocation, shall, notwithstanding such revocation, be a legal discharge to the person making the payment and the holder of such certificate may retain, and reimburse himself in respect of, any payments made by him which the person to whom a certificate or probate or letters of administration may afterwards be granted might lawfully have made. |
Administrators General Act, 1963 | 36 | 36. Administrator-General not bound to take out administration on account of assets for which he has granted certificate.-
The Administrator-General shall not be bound to take out letters of administration of the estate of any deceased person on account of the assets in respect of which he grants
any certificate under section 29 or section 30, but he may do so if he revokes such certificate under section 33, or ascertains that the value of the estate exceeded 1[ten lakhs] rupees. |
Administrators General Act, 1963 | 37 | 37. Transfer of certain assets to executor or administrator in country of domicile fordistribution.-
Where-
(a) a person not having his domicile in any State 2[in India] has died leaving assets in any State and in the country in which he had his domicile at the time of his death, and
(b) proceedings for the administration of his estate with respect to assets in any such State have been taken under section 29 or section 30, and
(c) there has been a grant of administration in the country of domicile, with respect to the assets in that country,
the holder of the certificate granted under section 29 or section 30, or Administrator-General, as the case may be, after having given the prescribed notice for creditors and others to send in to him their claims against the estate of the deceased, and after having discharged, at the expiration of the time there in named, such lawful claims as he has notice of, may, instead of himself distributing any surplus or residue of the deceased's property to persons residing out of India 3*** who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons. |
Administrators General Act, 1963 | 38 | 38. Liability of Government.-
The Government shall be liable to make good all sums required to discharge any liability which the Administrator-General, if he were a private administrator, would be personally liable to discharge, except when the liability is one to which neither the Administrator-Generalnor any of his officers has in any way contributed, or which neither he nor any of his officers could, by the exercise of reasonable diligence, have averted, and in either of those cases the Administrator-General shall not, nor shall the Government, be subject to any liability. |
Administrators General Act, 1963 | 39 | 39. Creditor's suit against Administrator-General.-
(1) If any suit be brought by a creditor against any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to theAdministrator-General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled to require.
(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateable with the other creditors. |
Administrators General Act, 1963 | 4 | 4. Appointment and powers of Deputy Administrator-General.-
(1) The State Government may appoint a Deputy or Deputies to assist the Administrator-General; and any Deputy so appointed shall, subject to the control of the State Government and the general or special orders of theAdministrator-General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator-General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator-General.
(2) No person shall be appointed as a Deputy under this section unless he has been for at least three years-
(a) an advocate; or
(b) an attorney of a High Court; or
(c) a member of the judicial service of a State.
1.The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968).
2.1st March, 1964, vide notification No. S.O. 588, dated 11th February, 1964, see Gazette of India, Extraordinary, Part II, sec. 3(ii). |
Administrators General Act, 1963 | 40 | 40. Notice of suit not required in certain cases.-
Nothing in section 80 of the Code of Civil Procedure, 1908 (5 of 1908), shall apply to any suit against the Administrator-General in which no relief is claimed against him personally.
1.Subs. by Act 33 of 2012, s. 2, for "two lakhs" (w.e.f. 1-7-2012).
2.Subs. by Act 25 of 1968, s. 2 and the Schedule, for "to which this Act extends" (w.e.f. 15-8-1968).
3.The words "or in the State of Jammu and Kashmir" omitted by s. 2 and the Schedule, ibid. (w.e.f. 15-8-1968). |
Administrators General Act, 1963 | 41 | 41. Fees.-
(1) There shall be charged in respect of the duties of the Administrator-General such fees, whether by way of percentage or otherwise, as may be prescribed by the State Government.
(2) The fees under this section may be at different rates for different estates or classes of estates or for different duties, and shall, so far as may be, be arranged so as produce an amount sufficient to discharge the salaries and all other expenses incidental to the working of this Act, (including such sum as the State Government may determine to be required to insure the Government against loss under this Act). |
Administrators General Act, 1963 | 42 | 42. Disposal of fees.-
(1) Any expenses which might be retained or paid out of any estate in the charge of the Administrator-General, if he were a private Administrator of such estate shall be so retained or paid and the fees described under section 41 shall be retained or paid in like manner as and in addition to such expenses.
(2) The Administrator-General shall transfer and pay to such authority in such manner and at such time as the State Government may prescribe, all fees received by him under this Act, and the same shall be carried to the account and the credit of the Government. |
Administrators General Act, 1963 | 43 | 43. Audit.-
The accounts of every Administrator-General shall be audited at least once annually and at any other time if the State Government so directs, by the prescribed person and in the prescribed manner. |
Administrators General Act, 1963 | 44 | 44. Auditors to examine accounts and report to Government.-
The auditors shall examine the accounts and forward to the State Government a statement thereof in the prescribed form, together with a report thereon and a certificate signed by them showing-
(a) whether the accounts have been audited in the prescribed manner;
(b) whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be inserted therein;
(c) whether the books which by any rules made under this Act are directed to be kept by theAdministrator-General, have been duly and regularly kept; and
(d) whether the assets and securities have been duly kept and invested and deposited in the manner prescribed by this Act, or by any rules made thereunder;
or (as the case may be) that such accounts are deficient, or that the Administrator-General has failed to comply with this Act or the rules made thereunder, in such respects as may be specified in such certificate. |
Administrators General Act, 1963 | 45 | 45.Power of auditors to summon and examine witnesses, and to call for documents.-
(1)Every auditor shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and inspection;
(c) compelling the production of documents; and
(d) issuing commissions for the examination of witnesses.
(2) Any person who when summoned refuses, or, without reasonable cause, neglects to attend or to produce any document or thing or attends and refuses to be sworn, or to be examined, shall be deemed to have committed an offence within the meaning of, and punishable under, section 188 of the Indian Penal Code (45 of 1860), and the auditor shall report every case of such refusal or neglect to the State Government. |
Administrators General Act, 1963 | 46 | 46. Costs of audit, etc.-
The costs of and incidental of such audit and examination shall be determined in accordance with rules made by the State Government, and shall be defrayed in the prescribed manner. |
Administrators General Act, 1963 | 47 | 47. General powers of administration.-
The Administrator-General may, in addition to, and not in derogation of, any other powers of expenditure lawfully exercisable by him, incur expenditure-
(a) on such acts as may be necessary for the proper care and management of any property belonging to any estate in his charge; and
(b) with the sanction of the High Court, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property. |
Administrators General Act, 1963 | 48 | 48. Power to summon and examine witnesses.-
(1) The Administrator-General may, whenever he desires, for the purposes of this Act, to satisfy himself regarding any question of fact, exercise all the powers vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and inspection;
(c) compelling the production of documents; and
(d) issuing commissions for the examination of witnesses.
(2) The provisions of sub-section (2) of section 45 shall apply in relation to a person summoned by theAdministrator-General under this section as they apply in relation to a person summoned under that section. |
Administrators General Act, 1963 | 49 | 49. Power of person beneficially interested to inspect Administrator-General's account, etc., and take copies.-
Any person interested in the administration of any estate which is in the charge of the Administrator-General shall, subject to such conditions and restrictions as may be prescribed, be entitled at all reasonable times to inspect the accounts relating to such estate and the reports and certificates of the auditor, and on payment of the prescribed fee, to copies thereof and extracts therefrom. |
Administrators General Act, 1963 | 5 | 5. Incorporation.-
The Administrator-General shall be a corporation sole by the name ofAdministrator-General of the State for which he is appointed, and, as such Administrator-General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name. |
Administrators General Act, 1963 | 50 | 50. False evidence.-
Whoever, during any examination authorised by this Act, makes upon oath a statement which is false and which he either knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a stage of a judicial proceeding. |
Administrators General Act, 1963 | 51 | 51. Assets unclaimed for twelve years to be transferred to Government.-
All assets in the charge of the Administrator-General which have been in his custody for a period of twelve years or upwards, whether before or after the commencement of this Act, without any application for payment thereof having been made and granted by him shall be transferred, in the prescribed manner, to the account and credit of the Government:
Provided that this section shall not authorise the transfer of any such assets as aforesaid, if any suit or proceeding is pending in respect thereof in any court. |
Administrators General Act, 1963 | 52 | 52. Mode of proceeding by claimant to recover principal money so transferred.-
(1) If any claim is hereafter made to any part of the assets transferred to the account and credit of the Government under the provisions of this Act, or any Act hereby repealed, and if such claim is established to the satisfaction of the prescribed authority, the State Government shall pay to the claimant the amount of the principal so transferred to its account and credit or so much thereof as has been found by the said authority to be due to the claimant.
(2) If the claim is not established to the satisfaction of the prescribed authority, the claimant may, without prejudice to his right to take any other proceedings for the recovery of such assets, apply by petition to the High Court against the State Government and such Court, after taking such evidence as it
thinks fit, shall make such order in regard to the payment of the whole or any part of the said principal sum as it thinks fit, and such order shall be binding on all parties to the proceedings.
(3) The High Court may further direct by whom the whole or any part of the costs of each party shall be paid. |
Administrators General Act, 1963 | 53 | 53. Succession Act or Companies Act not to affect Administrator-General.-
Nothingcontained in the Indian Succession Act, 1925 (39 of 1925), or the Companies Act, 1956 (1 of 1956), shall be taken to supersede or affect the rights, duties and privileges of any Administrator-General. |
Administrators General Act, 1963 | 54 | 54. Savings of provisions of Police Acts for presidency-towns.-
Nothing contained in the Indian Succession Act, 1925 (39 of 1925), or in this Act, shall be deemed to affect, or to have affected, any law for the time being in force relating to the movable property under four hundred rupees in value of persons dying interstate within any of the presidency-towns which shall be or has been taken charge of by the police for the purpose of safe custody. |
Administrators General Act, 1963 | 55 | 55. Order of court to be equivalent to decree.-
Any order made under this Act by any court shall have the same effect as a decree. |
Administrators General Act, 1963 | 56 | 56. Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject.-
Notwithstanding anything in this Act, or in any other law for the time being in
force, the Central Government may, by general or special order, direct that, where a subject of a foreign State dies in 1[India], and it appears that there is no one in 2[India], other than the Administrator-General,entitled to apply to a court of competent jurisdiction for letters of administration of the estate of the deceased, letters of administration shall, on the application to such court by any Consular Officer of such foreign State, be granted to such Consular Officer on such terms and conditions as the Court may, subject to any rules made in this behalf by the Central Government, thinks fit to impose. |
Administrators General Act, 1963 | 57 | 57. Letters of administration not necessary in respects of small estates administered byAdministrator-General in accordance with certain Acts.-
It shall not be necessary for theAdministrator-General to take out letters of administration of the estate of any deceased person which is being administered by him in accordance with the provisions of the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957), if the value of such estate does not, on the date when such administration is committed to him, exceed rupees two thousand, but he shall have the same power in regard to such estate as he would have had if letters of administration had been granted to him. |
Administrators General Act, 1963 | 58 | 58.Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957.-
If the Administrator-General applies in accordance with the provisions of the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957), for letters of administration of the estate of any person subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), or the Navy Act, 1957, the Court may grant to him letters of administration limited to the purpose of dealing with such estate in accordance with the provisions of the Army and Air Force (Disposal or Private Property) Act, 1950, or, as the case may be, the Navy Act, 1957. |
Administrators General Act, 1963 | 59 | 59.Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957.-
Nothing in this Act shall be deemed to affect the provisions of the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957). |
Administrators General Act, 1963 | 6 | 6. Jurisdiction of High Court for the whole State.-
So far as regards the Administrator-Generalof any State, the High Court shall be deemed to be a Court of competent jurisdiction for the purpose of granting probate or letters of administration under any law for the time being in force, wheresoever within the State the estate to be administered is situate:
Provided that nothing in this section shall be construed as affecting the jurisdiction of any district court. |
Administrators General Act, 1963 | 60 | 60. Saving of provisions of Indian Registration Act, 1908.-
Nothing in this Act shall be deemed to affect the provisions of the Indian Registration Act, 1908 (16 of 1908). |
Administrators General Act, 1963 | 61 | 61.Power of Central Government to make rules.-
The Central Government may, by notification in the Official Gazette, make rules as to the terms and conditions on which letters of administration may be granted to Consular Officers under section 56.
1.Subs. by Act 25 of 1968, s. 2 and the Schedule, for "the territories to which this Act extends" (w.e.f. 15-8-1968).
2.Subs. by s. 2 and the Schedule, ibid., for "the said territories" (w.e.f. 15-8-1968). |
Administrators General Act, 1963 | 62 | 62. Power of State Government to make rules.-
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act, and for regulating the proceedings of the Administrator-General.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the accounts to be kept by the Administrator-General and the audit and inspection thereof;
(b) the safe custody, deposit and investment of assets and securities which come into the hands of the Administrator-General;
(c) the remittance of sums of money in the hands of the Administrator- General in cases in which such remittances are required;
(d) subject to the provisions of this Act, the fees to be paid under this Act and the collection and accounting for any such fees;
(e) the statements, schedules and other documents to be submitted to the State Government or to any other authority by the Administrator-General, and the publication thereof;
(f) the realization of the cost of preparing any such statements, schedules or other documents;
(g) the manner in which and the person by whom the costs of and incidental to any audit under the provisions of this Act are to be determined and defrayed;
(h) the manner in which summonses issued under this Act are to be served and the payment of the expenses of any person summoned or examined under the provisions of this Act, and of any expenditure incidental to such examination; and
(i) any other matter which is required to be, or may be, prescribed under this Act.
1[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made before the State Legislature.] |
Administrators General Act, 1963 | 63 | 63. Laying of rules made by Central Government before Parliament.-
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of
Parliament while it is in session for a total period of thirty days, which may be comprised in one session or2[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule 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. |
Administrators General Act, 1963 | 64 | 64. Repeal and savings.-
(1) The Administrator-General's Act, 1913 (3 of 1913), is hereby repealed.
(2) Without prejudice to the generality of the provisions of the General Clauses Act, 1897 (10 of 1897), relating to the effect of repeals, the repeal effected by this section shall not affect the incorporation of any person holding the office of Administrator-General at the commencement of this Act.
(3) Notwithstanding anything contained in this section, the provisions of section 59B of theAdministrator-General's Act, 1913 (3 of 1913), shall continue to apply as if that Act had not been repealed.
1.Ins. by Act 18 of 1983, s. 3 (w.e.f. 26-8-1983).
2.Subs. by s. 4, ibid., for certain words (w.e.f. 26-8-1983). |
Administrators General Act, 1963 | 7 | 7. Administrator-General entitled to letters of administration, unless granted tonext-of-kin.-
Any letters of administration granted by the High Court shall be granted to theAdministrator-General of the State unless they are granted to the next-of-kin of the deceased. |
Administrators General Act, 1963 | 8 | 8. Administrator-General, entitled to letters of administration in preference to creditors, certain legatees or friends.-
The Administrator-General of the State shall be deemed by all the courts in the State to have a right to letters of administration other than letters pendente lite in preference to that of-
(a) a creditor; or
(b) a legatee, other than a universal legatee or a residuary legatee or the representative of a residuary legatee; or
(c) a friend of the deceased. |
Administrators General Act, 1963 | 9 | 9. Right of Administrator-General to apply for administration of estates.-
(1) If-
(a) any person has died leaving within any State assets exceeding rupees 1[ten lakhs] in value, and
(b) (whether the obtaining of probate of his will or letters of administration to his estate is or is not obligatory), no person to whom any court would have jurisdiction to commit administration of such assets has, within one month after his death, applied in such State for such probate, or letters of administration, and
(c) (in cases where the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 [39 of 1925]), no person has taken other proceedings for the protection of the estate,
the Administrator-General of the State in which such assets are, may, subject to any rules made by the State Government, within a reasonable time after he has had notice of the death of such person, and of his having left such assets, take such proceedings as may be necessary to obtain from the High Court letters of administration of the estate of such person.
(2) The Administrator-General shall not take proceedings under this section unless he is satisfied, that there is apprehension of misappropriation, deterioration or waste of such assets if such proceedings are not taken by him or that such proceedings are otherwise necessary for the protection of the assets.
1. Subs. by Act 33 of 2012, s. 2, for "two lakhs" (w.e.f. 1-7-2012). |
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 | 1 | 1. Short title, application and commencement.
(1) This Act may be called the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
(2) It shall apply to every vessel, irrespective of the place of residence or domicile of the owner:
Provided that this Act shall not apply to an inland vessel defined in clause (a)of sub-section (1)of section 2 of the Inland Vessels Act, 1917 (1 of 1917), or a vessel under construction that has not been launched unless it is notified by the Central Government to be a vessel for the purposes of this Act:
Provided further that this Act shall not apply to a warship, naval auxiliary or other vessel owned or operated by the Centralor a State Government and used for any non-commercial purpose, and, shall also not apply to a foreign vessel which is used for anynon-commercial purpose as may be notified by the Central Government.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. |
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 | 10 | 10. Order of priority of maritime claims.
(1) The order of maritime claims determining the inter se priority in an admiralty proceeding shall be as follows:-
(a) a claim on the vessel where there is a maritime lien;
(b) registered mortgages and charges of same nature on the vessel;
(c) all other claims.
(2) The following principles shall apply in determining the priority of claimsinter se-
(a) if there are more claims than one in any single category of priority, they shall rank equally;
(b) claims for various salvages shall rank in inverse order of time when the claims thereto accrue. |
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 | 11 | 11. Protection of owner, demise charterer, manager or operator or crew of vessel arrested.
(1) The High Court may, as a condition of arrest of a vessel, or for permitting an arrest already effected to be maintained, impose upon the claimant who seeks to arrest or who has procured the arrest of the vessel, an obligation to provide an unconditional undertaking to pay such sums of money as damages or such security of a kind for an amount and upon such terms as may be determined by the High Court, for any loss or damage which may be incurred by the defendant as a result of the arrest, and for which the claimant may be found liable, including but not restricted to the following, namely:-
(a) the arrest having been wrongful or unjustified; or
(b) excessive security having been demanded and provided.
(2) Where pursuant to sub-section (1), the person providing the security may at any time, apply to the High Court to have the security reduced, modified or cancelled for sufficient reasons as may be stated in the application.
(3) If the owner or demise charterer abandons the vessel after its arrest, the High Court shall cause the vessel to be auctioned and the proceeds appropriated and dealt with in such manner as the court may deem fit within a period of forty-five days from the date of arrest or abandonment:
Provided that the High Court shall, for reasons to be recorded in writing, extend the period of auction of the vessel for a further period of thirty days. |
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 | 12 | 12. Application of Code of Civil Procedure.
The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply in all the proceedings before the High Court in so far as they are not inconsistent with or contrary to the provisions of this Act or the rules made thereunder. |
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 | 13 | 13. Assistance of assessors.
(1) Notwithstanding anything contained in any other law for the time being in force, the Central Government shall appoint by notification, a list of assessors with such qualifications and experience in admiralty and maritime matters, the nature of duties to be performed by them, the fees to be paid to them and other ancillary or incidental matters for the purposes of this Act, in the manner as may be prescribed.
(2) The appointment of assessors shall not be construed as a bar to the examination of expert witnesses by any of the parties in any admiralty proceeding. |