 the administrative tribunals bill, 1985 arrangement of' clauses chapter i pal!!liminaky clauses, 1 short title, extent and eommencement 2 act not to ilpply to certain persons 3 definitions  chapter ii  establl"shment of tribunals and benches thereof4 establishment of administrative tribunals '5 composition of tribunals and benches thereof 6 qualifications for appointment as chairman, vice-chairman or other member  7 vice-chairman to act as chairman or to discharge his functions in certain circumstances 8 term of office 9 resignation and removal 10 salaries and allowances and other terms and conditions of s~rvice of ci~airman, vicechairman and other members 11 provision rei to the holding of offices by chairman, etc, od ceasing to be such chairman, etc 12 financiaj and administrative ·powers ot the chairman 13 staff of the tribunal  chapter iii jurisdiction, powers and authority of "tribunals'14 jurisdiction, powers and authority of the central administrative tribunal 15 jurisdiction, powt"rs and authority of state administrative tribunals 16 jurisdiction, powers and authority of a joint adm:llistratfve tribunal  17 power to punish for contell'jpt - 18 distribution of business amongst the tribunals and its benchel  chapter iv pboced11re clatjsis19 applications to tribunals 20 applications not to be adniitted unless other remedies exhausted 21  limitation 22 procedure and powers of tribunals 23 right of applicant to take assistance ef legal practltioner and of government, etc, to appoint presenting omcera 24 conditions as to making of interim orders 25 power of chairman to transfer cases from one 15ench to another 26 decision to be by majority 27 execution of orders of a tribunal  ~hapter v miscellanbous28 exclusion of jurisdiction of courts except the silpreme court under article 136 of the constitution 29 transfer of pendin~ cases 30 proceedings before a tribunal to be judicial proceedings 31 members and staff of tribunal to be public servants 32 protection of action takeri in good faith 33 act to have overriding effect 34 power to remove difficulties 3& power of the central government to make rules 38 pewer of the appropriate qovernment to make rules 1'1 laying of rules  " a' billto provide for the adjudication or tf'ial by administrative tribut\411 01 ciisputes and complaints 'la'ith respect to recruitment and conc:litions of sef'vice of persons appoilnted to public service and posts in connection with the affairs of the union or 01 'any state or of any zocal or other authority within the territory of india or under the control of the government of india or of any corporation owned or controlled by the got,ernment and for matters connected therewith or incider~taz thereto' be it enacted by parliament in the, thirty-fifth year of the republic of india as fellowb:- chapter i prbliminary5 1(1) this act may be called the administrative tribunals act, 1985 short title, (2) it extends,-extent (4) in so frr as it relates to the central administrative :!men-tribunal, to the whole of india; cement (b) in so far as it relates to adminis~rative tribunals for states, to to the whole of india, except the state of jammu and kaslunir (3) the provisions of this act, in so far as they relat~ to the central administrative tribunal, shall come into force on such date as the central gqvernment may, by notification, appoint (4) the provisions of this act, in so far as they relate to an administrative tribunal for a state, shall come into force in a state on such 5 dat~ as the central government may, by notification, appoint  2 the provisions of this act shall not apply to-ad dot to apply to certain pcl'loljl, (a) any member of the naval, military or air forc~s or of any other armed forces of theljnion; (b) any perr;on governed by the provisions of the industrial 10 disputes act, 1947, in regard to such matters in respect of which he 14ofl947 is so governedj i (e) any officer or servant of the supreme court or of any high court;   i (d) any person appointed to the secretarial staff of either 15 house qf parliament 'or to the secretarial staft of any state legislature or a house thereof or, in the case of a union territory having a legislature, of that legislature d&6ditiooa 3 in this act, unless the context otherwise requires,-(a) "administrati~e tribunal", in relation to a state, means 20 the administrative tribunal for the 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; (e) "appointed day"; in4'elation to a tribunal, means the date 25 with effect from which it is established, by notification, under section 4j (d) "approprinte government" means-(i) in relation to the central administrative tribunal or a joint administrative tribunal, the central government; 30 (ti) in relation to a state administrative tribunal, the state government;  (e) "bench" means a bench of a tribunal; (i) "central administrative tribunal" means the administrative tribunal established under sub-seetion (1) of section 4; 35  (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; 40 in the official (t) "member" means a member of a tribunal; m "notification" means a notification published gazette; "post" means a post within or outside india; "prescribed" means' prescribed by rules made under this (k) (l) act; (m) "presldr~nt" means the pliesident of india; (n)"principal bench" ,m~a~s the principal bench of a tribunal; (0) "rule~" means rules made under this act; (p) "service" means service within or outside india; 5 (q) "service matters", in relation to a person, means all matters relatinp' to the conditions of his ervice in connection with the atfairs 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 govemm~,t of india, or, as the case may be, of any corporation owned or con-10 trolled by the government, as respects-(i) remuneration (including allowances), pension and other retirement benefits; - (if) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;  (iii) leave 'of any kind; (iv) disciplinary matters; or 15  \ (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 20 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; (8) "supreme court" means the supreme court of india; (t) "tribunal" means the central administrative tribunal or 25 a state administrative tribunal or a joint administrative tribunal; (u) "vice-chairman" means the vice-chairman of a tribunal explanation-in the case of a tribunal having two or more vice-chairmen, references to the vice-chairman in this act shall b,e construed as a referejilce to each of those vice-chairmen  chapter ii e5tablishment of trll'itrnals and benches thereofestablishment of administrative tribunaj •• 4 (1) the central government shall, by notification, establish an administrative tribunal, to be known as the central administrative 35 tribunal, to exercise the jurisdiction, powers and 3~thority conferred r,n 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 'rribullp} for the state to be known as the  (name of o the state) mministrative tribunal to exercise the jurisdiction, powers 4 and authorit)' conferred on the administrative tribunal for the state by or under this act (3) two or more states may, notwithstanding anything contained in <lub-section (2) and notwithstanding that any or all of those states has or have tribunals established undet that sub-section, enter into an 45 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 tbe gazette of india and the official gazette of each of those states, the central government may, by notiflcation, estabhsh a joint administrative tribunal to exercise the jurisdiction, powers and authority conferred on the administrative tribunals 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 10 bench or benches of the tribunal shall sit, the apportionment amonl 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 ded to ~he agree- 15 ll)ent 5 (1) eacb tri  eoasiit 01 a cw abtl suda du •• of vlee-chainnen and other members as the appropriate government may deem  ,8iiiifed to die other ,,visions of  ii act, the jurlsdidlojl powers add authority of the tribanal may be exercised by benches thereof 120 cempotltlonof tribunals u4 benches tbereot (2) subject to the other provisions of this act, a bench shall  be presided over by the chairman or a vice-chairman and shall consist of at least two other members (3) the bench for which the chairman is appointed as the presiding ofticer shall be the principal bench and the other benches shall be 25 known as the additional benches (4) notwithstanding anything contained in sub-section (1) or subsection (3), the chairman,-(a) may also act as the chairman of any additional benebt (b) may transfer the ·vice-chairman or other member from one 'go bench to another bench; (c) may authorise the vice-chairman or other member appointed to one bench to discharge also the fudctions of the vice-chairman or, as the case may be, other mem~r of another bench; and (d) may, for the purpose of securing that any case or cases 35 which, having regard to the nature of the questions tnvolved, rc;aquires or require, in his opinion or under the rules· made by the central government in this behalf, to be decided by a bench composed of more than three members, issue such general or special orders, as he may deem fit 40 (5) notwithstanding anything contained in sub-section (1) or subsection (3) and 311bject to any rules that may be made in this behalf, when one of the persons constituting a bench (whether such person be the presiding officer or other member of the bench) is unable to discharge his functions owing to absence, illness or any other cause or in 45 the event of the occurrence of any vacancy either in the office of the prpsiding officer or in the office of one or the other members of the' bench, the remaining two persons may function as the bench and if the presiding officer of the bench is not one of the remaiding two persons, the senior among the remaining persons shall act as the presiding ofticer 50 of the bench  (6) notwithstanding anything contained in the f01l!going provisions of this section, it shall be competent for the chairman or any other member authorised by the chairman in this behalf to function as an -additional bench consisting of a single member and exercise-the jurisdic~ 5 tion, 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 10 matter is of such a nature that it ought to be heard by a bench consisting of three members, the case or matter may be transferred by the" chairman or, as th~ case may be, referred to him for transfer to, such bench as the chairman may deem flt (7) s':1bject to the other provisions of this act, the places at whicb 15 the principal bench and other benches shall ordinarily sit shall be such as the appropri~te government may, by noti6cation, specify 6 (1) a person shallnot be qualified for a!lpointment as the chairman unless he-(0) is, or has been, a judge of a high court; or 20 (b) has, for at least two years, held the office of vice-chairman; or (t) 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 25 of a ~cretary to the government of india quail ficatioftl forappoint menta c:bairman vice-chair man or other member (2) a person ghail not be qualified foj: appointment as the vice-chairman unless he-(a) is, or has been, a judge of a high court; or (b) has, for at least two years, held the post of a secretary to 30 the government of india or any bther post under the central or a state government carrying a scale of pay wiuch 1& not less than that of a secretary to the government of india; or (e) has, for a period of not less than three years, held office as a member 35 (3) a person shall not be qualified for appointment as a member unless he-(a) is, or has been, or is qualified to be, a judget of a high court; or (b) has, lor at least two years, held the post of an additional 40 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 (e) has, for at least !hree years, held the post of a joint secre-45 tary 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 iruiia (4) the chairman, vice-chairman and every other member of the central admij\istrative tribunal shall be appointed by the president (ii) the chairman, vice-chairman and every other member of an administrative !l-ibunal for a state shall be appointed by the president after conliultation with the governor of the concerned state 5 (6) the chairman, vice-chairman and every other member of a joust  administrative tribun~ shall, subject to the terms of the 81greemen between the participating state governments published under sub-section (3) of section 4, be appointed by the president after consultation with the governors of the concerned states 10 vice olaiman to kt u 0lairta&d or to diacharae bia fuiii=-tiona in certain ciroum-1itadcee term of  o1bee reslljla •• ttnand remev&) explanlltion-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 tile period during which he has held any other past under the central or a state government (including an ('ffice under this act) carrying the same scale of pay as that of 15 the first mentioned post or a higher scale of pay 1 (1) in the event of the occurrence of any vacancy in the office of the chainnan by reason of his death, resignation o-r otherwise the vice-chairman or, as the case may be, such one of the vice-chairmen as the appropriate government may, by notification, authorise 20 in this behalf, shall aet as the chaij:lman until the date on which a new chainnan, 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 25 or, as the case may be, such one of the vice-chairmen as the appropriate governmentmay, by notification, authorise in this behalf, shall discharge the functions of the chaidman until the date on which the chairman resumes his duties 8 the chairman, vice-chairman or other member shall hold office 30 as such for a term of five years from the date on which he enters upon his office or until he attains-(a) in the case of the chairman or vice-chairman, the age of sixty-five years, and (b) in the case of any other member, the age of sixty-two years, 35 whichever is earlier 9 (1) the chairman, vice-chairman or other member 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, 40 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 earnst -4-(2) the chairman, vice-chairman or any other member shall 5 not be removed from his office except by an order made by tbe president on the ground of proved misbehaviour 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 50 him and given a reasonable· opportunity of being heard in respect of thole charget (3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairman, vice-chairman or other member referred to in 8ub-section (2) 10 the salaries and allowances payable tot and the other terms and 5 eodditiodi of service (including pension, gratuity and other retirement bedeftts) of, the chairlqn, vice-chai~man and other members shall be such as may be prescribed by the central govermnent: provided that neither the· salary and allowanees jlor the other tej!1d8 and codclitions of service of the chairmaa, vice-cbairmad or other 10 m __ shall he varied to his cusadvantqe after his appcnnpneat salaries and allowances and other terma and conditions o! service of chairman, vice-chairman and other members 11 on ceasing to hold ofbce,-(4) the chairman of the central administrative tribunal shall be ineligible for further employment either under the government of· india or under the government of a state; provision as totbe holding of offices by chairman, etc, on ceasingto be such chairman, etc 110 (b) the chairman of a state administrative tribunal or a ,toint administrative tribunal shall, subject to the other provisions of this act, be eligiblefor appointment as the chairman or vice-chairman or any other member of the central administrative tribunal or as the chairman of any other state administrative tribunal or joint administrative tribunal, but not for any other employment efther under the government of india or unde~ the government of a state; (c) the vice-chairman of the central administrative tribunal shall, subject to the other provision's of this act, be eligible for appointment as the chairman of that tribunal or as the chairman or vice-chairman of any state administrative tribunal or joint administrative tribunal, but not for any other employment either udder the government of india or under the government of a state; (d) the vice-chairman of a stat~ administrative tribunal or a joint administrative tribunal shall, subject to the other provisions of this act, be eligible for appointment as the chairman of that tribunal or as the chairman or vice-chairman of the central administrative tribunal or of any other state administrative tribunal or joint administr~tive tribunal but not for any other emplymt'nt either under the government of india or under the government of a state; 35 (e) a member (other than the chairman or vice-chairman) of any tribunal shall, lilubject to the other provisiojls of this act, be eligible for appointment as the chairman or -vice-chairman of such tribunal or as the chairman, vice-chairman or other member of any other tribunal, but not for any other employment either under the government of india or under the government of a state; <f> the chairman, vice-chairman or other member shall not appear, act or plead before any tribunal of which he was the chair  man, vice-chairman or other member  expl~-for the purposes of this section, employment under the government of india or under the govemment of a state includ employment under any local or other authority within the territory of india or under the control of the government of india or under lu)y corporation owned or ~ontrolled by the government ) 12 the chairman shall exercise such financial and administrative powers over the principal bench and each of the additional benches as may be vested in him under the rules made by the appropriate government: finan_ cial and adminstrative powers of the chairman provided that the chairman shall have authority to delegate such of 10 his financial and administrative powers as he may think fit to the vice-chairman, subject to the condition that the vice-chairman shall, while exercising such delegated powers continue to act under the direction, control and supervision of! the chairman 13 (1) tiae appropriate govel'lullut shall detenaine the aature and j 5 catepries of the otbcers and ·other employees required to assist a tribunal in the dirharp of its functions add provide the tribunal with such staff of the tribudal ofti~ and other employees as it may th~ fit  (2) the salaries and allowances and conditions of service of the officers add othel' employees of a tribunal shall be such as may be speei&ed by 20 rules made by the appropriate government  chapter iii turisdirtion, powers 'nd authority of tribunals14 (1) save as otherwise expressly provided in this act, ·the central administrative tripunal shall exercise on and from the appointed day, 25 all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the supreme court under article 136 of the constitution) in relation to-jul"l!-diction, powers and authority of die central administrative tribunal (a) recruitment, and matters concerning recruitment, to any all-india service or to any civil service of the union or a civil post :111 under the union or to a post connected with defence i or in the defence services, being, in either case, a post filled by a civilian; (b) all service matters concerning-(i) a member of any all-india service; or (ii) a person [not being a member of an all-india service or 35 a person referred to in clause (c)] appointed to any civil service of the union oz;,1lny civil post under the union; or (iii) a civilian [not being a member of an all-india service or a person referred to in clause (c)] appointed to any defen-ce services or a post connected with defence, 40 and pemaining ~o the service of such membrr, person or civilian in connection with the affairs of the union or of any state or of any local or otherauthhrit y within the territory or india or under the control of the government of india or of any corporation owned or cqntrolled by the government; 45 - (e) all service matters pertaining to service in connection with the aftairs of the union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b) being a person wbose services have been placed by a state govern-5 ment or any local or' other authority or any corporation or other body at the disposal of the central government for such appointment (2) the central government may, by notiftcation, apply with effect from such date as may be specifted in the notification the provis}ons of sub-section (3) to local or other authorities within the territory io of india ~ under the control of the government of india and to corporations owned or, controlled by government, not being a local or other authority or corporation controlled or owned by a state government: provided that if the central government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged 15 by this act, different dates may be, so specified under this sub-sectlon in ,respect of different cl~sses of, or different categories under any class of, local or other authorities or corporations  (3) save as otherwise expressly, provided in this act, the central administrative tribunal shall also exercise, on anti from the date with 20 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 under article 136 of the constitution) in relation to-25 (a) recruitment, and'matters concerning recruitment, to any service or post in connection with the affairs of such local or o-ther authority or corporation; and - (b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation and pertaining to the service of such person in connection with such' affairs jurisdic-15 (1) save as otherwise expressly provided in this act, the administrative tribunal for a state shall exercise, on and from the appointed 35 day, all the jurisdlct~on, powers and authority exercisable immediately before that day by all courts (except the supreme court under article 136 of the constitution) in relation t~ ~od, powers and authqrlty of state adminiltrative tribunail (a) recruitment, and matters concerning recruitm~nt, to any civil ser\rtce of the state or to any dvil post under the state: (b) all ~rvice mattej's concerning a person [not being a person referred to in clause (e) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) o( section 1'] appointed to any ctvil service of the state or any ctvil post under the state and pertaining to the service of such penon in connection with the aftairs of the state or of any local or other authority under the control of the state government or of any corporation owned or controlled by the state government;  (c) all servke matters pertaining to service in connection with the affairs of thtl state concerning a person appointed to any service 5 or post referred to in clause (b), be1l1g a person whose services hhve been placed by any such local qr other authority or corpoj'ation or other body as is controlled or owned by the state govemment~ at the disposalef the state government for such appointment (2) the state government may, by notification, apply with effect 10 from such date as may bespecifted in the notification the provisions ()f sub-section (3) to loeal or other authorities -and corpopatiens contro'lled or owned by the state government: provided that if the state government considers it expedient so to do for the p1npose of facilitating tranllition to the scheme as envisaged by 15  this act,duferedt dates may be so specified under this sub-secuoll in l'8ifpeot of -diftenntalaases' of, or diberent categories under any class of, loeal ol" other authorities or' corporations (3) save as otherwise expressly provided in this act the administrative tribunal for 2 state shall also exercise, on and from the date 110, 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 thp supreme courtuvder article 136 of the constitution) in relation to-25 - (a) recrllitment, and m~ters concerning recruitment to any service or post in cormection' with the affairs of such local or other authority or corporation; aui (b) all service matt8l'scoju:erning a person (other than a person referred to ·in clause (b) of sub-section (l) of this section or a 30 member, perlonor civilian referred to in clause (b) of sub-section (1) ~f section 14] appointed to any service or post in conneotion with the affairs of such 10cri ot' other authority or corporation and pertaininll to the service of such person in connection with such affairs - (4) for the removal of doubta, it is b8l:eby declared that the jurisdtc- 35 tion, powenand authority of the administrative tribtlbal lor a state hall not extend to, or be exereisab1e in relation to, any ljiatter in relation to -which ·the jurisdiction ,power and authority of the central admidi  1r"tfn' \r1\lunal extende er ii enrcliable ii a joint administrative tribunal for two or more states shall ex-erciaeall the jurisdiction, powers end authonty exerduble by the administrative tribunals for such states jurisdiclion, powcn and -authority of a joint adminis_ trative tribuuaj power to punish for contempt 10 of 1971 17 a tribunal shall have, and exercise, the same jurisdiction, powers 5 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 courts act, 1971, shall have effect subject to the modjftcatlons'thgt-(a) the references therein to high court shall be construed as includin~ a referenee to such tribunal; 10 (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 15 (ii) in relation to an ,administrative tribuaal for a state or a joint administrative tribunal for two or mote states, asa reference to the advocate-general of the state or any of the states for which such tribunal has beep established 18 (1) where any additional bench or benches of a tribunal is or 20 are constituted, the appropriate government may, from time to time, by notiftcation, make provisions as to the distribution of the business of the tribunal amongst the principal bench and the additional bench or additional benches and specify the matters which may be 'deillt 'with by eacb bench ' distributionol buaineu amonpt thetrlbunals and it benches (2) if any question arises as to whether any matter falls within the 25 purview of the business allocated to a bench of a tribunal, the decision of the chairman thereon shall· be final ezplaftation-for the removal of doubts, it is hereby declared that the expression "matters" includes applications under section 19  chapter iv procmttreapplieationa to tribunal& 19 (1) subject to the other pl'ovisiod's ot this act, a pea-son 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 35 grievance explaft(1tioft,-for the purposes of this sub-section, "order" means an order made;-(0) by the govemment or a local or other authority within the territory of india or udder the control at the goftl'llulenf of buua or 40 by any corporation owned or controlled by the gove~t; or (b) by an officer, committee or other body or agency of the government or a local or other authority or corporation referred to in clause (0) (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 5 (if any, not exceeding one hundred rupees) as ~ay be prescribed by the central government (3) on receipt of an application under sub-section (1), the tribun 11 may, if satisfied after such inquiry as it may deem fit, that the requirements under this act are complied with in relation to such application, 10 admit such application; but where the tribunal is not so satisfied, it may reject the application summarily (4) where an application has been admitted by a tribunal under subsection (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the ~ubject-matter of such appli- 15 cation pending immediately before such admission shall abate and save as otherwise directed by the tribunal, no appeal or representation in relation tb such matter shall thereafter be entertained under such rules 20 (1) a tribunal shall not ordinarily admit an application unless it is  tided that the applicant had availed of all the remedies available :lo to him under the relevant service rules as to redressal of grievances (2) for the purpo8eil of sub-section (1) a person shall be deemed to have availed of all the remedies available to him under the relevant eervice rules as to redressal of grievances,-applica tiodbnot to be admitted ~s other remediel exbauateel (a) if a final order has been made by the government or other :ls authority' or ofbcer or other person competent to pass such order umier 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 oftlcer or other person competent to pass such 30 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 purpose's of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the president 35  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 appl{ cant had elected to submit such memorial  21 (1) a tribunal shall not admit an application-limita tion (a) in· a case where a final order such as is mentioned in clause 40 (a) of sub-seetion (2) of section 20 has been made in connection with the grievance unless the application is made wftt1in one year from the date on which such final order has been made; (b) in a cue where ad appeal or representation such as is mentioned ib clauie (b) of sub-section (2) of section 20 haa been inade 45 at'ld a period of six months bad 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-5 (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 jw'isdiction, powers and authority of the tribunal becomes exercis~ able under this act in respect of the matter to which such order relates; and  10 (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 tlfibunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b) 15 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 20 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 applicatioq, within such period s of 1908 procc_ dure and powers of trii'lu_ nals 22 (1) a tribunal shall not be bound by the procedure laid down in the code of civil procedure, 1908; but shall be guided b~ the principles 25 of natural justice and subje~t 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 die fixing of places and times of its inquiry and deciding whether to sit in public or in private (2) a tribunal shall decide every application made to it as expedi-30 tiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and after hearing df oral arguments it any, allowed by the tribunal in the circumstances of the case (3) a tribunal shall have, for the purposes of holding any inquiry, 35 the same powers as are vested in a civil court under the code of civil 5 of 1908 procedure, 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; 1 of 1872 (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public ,record or document or copy of such record or document from any office;  45 ; (e) issuing commissions for the examination of witnesses or doeuments; (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 panej and (if any other matter' which may be prescribed by the central government 5 23 (1) a person making an application to a tribunal under this act may either· appe&l in pel'sou or take the ils1istance 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 authol'ity or colpql'auon to which the p!-'ovisions of sub  sectiod (3) of 10 section 14 or sub-section (3) of section 15 apply, may appoint one or more persons (whether legal practitioners or not) to act as presenting officers and a persrjn sll appointed, or any legal practitioner duly authorised in this behalf by it, may present its case with respect to any application before a tribunal 15 riaht of appb~ cant to take assist adeeo! leaal practi_ tioner and of govern· ment, etc, toa appoint presenting offi cers at 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-condi_ tions a5 to mak - ing of interim orders (a) copies of such application and of all documents in support 20 of the plea for such interim order are furnished to the party ag8inst whom such application· is made or proposed to be made; and (b) opportunity is given to such party to be heard in the matter: pro¥ided; that a tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an ex~ptional mea- :<15 sure if it is satisfied, fo~ 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 tiw dttte oq which it is made unless' the said 30 requirements have been complied with before the expiry of that ~riodl and the tribunal has continued the operation of the interim order 25 on the application of any of the parties, and aftet notice to the parties, and after hearing such of theii} as he may desire to be heat'd, or on his own motion without such notice, the chairman may-35 (a) transfer any case pending before the principal bench, for disposal, to any additional bench, or power of chair manto transfer cases from one bench to another (b) transfer any case pending before an additional bench for disposal to any other additional bench, or (t') withdraw to the principal bench any case pending before 41'1 any additional bench, for disposal by the principal bench, deccil'od toboby majority 26 the decision of a bench on any point shall, where there is a majority, be according to the opinion of the majority, and where there is no majority and the ml"mbers are equally divided in their opinion, they shall draw up a statement of th~ ~ase setting forth th,~ point or points on which 5 they differ, and make a reference to tl~e chairman and on receipt of such reference the chairman n~ay arrange ful' the hearing of such point 001' points by one or more of the other members (including, if he dld not preside over such bench, himself) and such point or points shall be decided according to the opinion of the majority of the member, who execution of ordm ot tribunal 10 have heard the ,case including those who had first heard it 27 subject to the other provisions 'of this act and the 'rules, the order of a tribunal finally disposing of an a:pplic~tion 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 15 final order had actually been made) in respect of the grievance to which ,the application relates would have been executed chapter v miscellaneous 28 on and from the date from which any jurisdiction, powers and 20 authority becomes exercisable under this act by a tribunal in relation to recruitment and matters concerntng recruitment to any serv'ce or post or service matters concerning members of any service or persons appointed to any service or post, no court (except tite supreme court under article 136 of the, constitution) shall have, or be entitled to exer-25 cise any jurisdiction, powers or authority in relation to such recruitment 01' matters concerning such recruitment or such service matters exclusion of jurisdic_ tion of courts except the supreme court under' arricl 136 of the coustitulion tradlfer of penclid, cims 29 (1) evej:i" suit or other proceedillg 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 where-30 on it is based is such that it would have been, if it had 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 or the supreme court 35 (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, 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 laid 40 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 pt!nding as aforesaid before l high court or the supreme court &planation-for the purposes of this sab-section "date with effect 4 from which jurisdiction is conferred un a tribunal", in relation to any 5 local or other authority or corporation, ,means the dat,e ,with effect f~om whi'ch the provisions of sub-section (3) of section 14 or, as the case may be, sub-section (8) of section 15 are applied to such local or ~ authority or corporation (3) where 'immediately before the date of establishment of a joint administrative t,ribunal anyone or mc)!'~ of the states for which it is ('stj,lbushed, has or have it state tribunal or stale tribunals, all cases pending before such state tribunal or s~~tc tribunals immediately before the said date together with the recol'ds thereof shall stand transfer- 5 red on'that date to such joint administrative tribunal explqndt;qn-for the purposes of this sub~sectjon, "state trib~nal" means a tribunal established under sub-section (2) of section 4 (4) where ~lny suit, appeal or other proceeding stands transferred from any court or other authority to a tribunal under sub-section io (1) or sub-section (2) ,-(a) the court or other authority shall, as soon as may be after such transfer, forward the records (if such suit, appeal or other prnceeding to the tribunal; and (b) the tribunal may, on rt'ceipt of such records, proceed to 15 deal ,with such suit, appeal 01' othcr proceeding, so far as may be in the atime manner as in the case of an' application under section 19 from the stage which was reathed before such transfer or from any e3rlier stltee or de n01)o as the tribunal may deem fit (6) where any case stands transferred to a joint administrative ~o tribunal under sub-section (3), the joint admiaistrative tribunal may proceed to deal with such case, from the stage which was reached before it stood so transferred' tt'ibunal shall be deemed to be judicial o'f t:ections 193 219 and 228 of ttte 25 450,1860 30 all proceedings ~efore a proceedings within the meaning indian penal code " 31 the chairman, vice-chairman and other members and the oftleers and other employees provided under seption 13 10 : tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 30 45 of 1860 procet4ia before a'· tribunal to be judicial  proc~edinp; members and ataff of tritiunal to be public lervants protec tion of aetran taken in good faith 3z no suit, prosecution or other legal proceeding shall lie against the central or  state' governmcnt or again!';t the chairman, vice--01airman or other member of any central, 'or joint or state, administrative tribwlal, or uny other person authorised by such chairman,· vice-chairmanor other member for anything which is in good faith done or 35 intended to be done in pursuance of this act or aliy rule or order made thereunder act to bvc ovtltriding effect power to remove tliftl cultin 33, the provisions of this act shah have effcct ndtwithstandinganything inconsistent therewith contnined in any other law for the time being in force or in any in~trument having effect by vjrtu~ or any law 40 other than this act 1  34 (1) if any diftlculty arises in giving eft'ectto the provisions of 'this, act, the central government 'may, by order published in the ofticial guctte, m~ke sllch provisions, notinconsistf'nt with the provisions of this act as appear ,to it to be nt'ccssary or ('xpedicntfor removing the 45 d~fttaulty     - ' (2) every order made under n,j, section shan, as soon as may be after it is made be laid before each house· of parliament ' 35; (1) the central go~ernment may, subject to the provisions of section 36, by notification, make rules to carry out the provisions of this act , (2) without prejudice 10 the· generality of uje foregoing power, such rules may provide for all or any of the following matters, namely:-power of the cenlral goverament to make rules 5  (a) the case of cilses which shall be decided by a bench composed of more than three members under clause (d) of sub-section (4) of, seooon s; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour of incapadty of chairman, vice-cbainnan 011 10 other member; (c) the salaries and allow:mces payable to, and the olher terms and con~iljons of, the chuirm:m, vict··(113irman aud othet members: (d) the form in whicl, til\, application mily he made under section 19, the documen,ts and other cvid:nce by which such application shan ·be 15 ae~ompanied and the fees payable in respect of such appjieation; (e) the rules suhject to which ~a tribunal shall have power to-regulate its own procedure under, sub-:section {1) of section 22 and tle additional matters in respect of which a tribunal may exercise the powers of a civil court under clause 0) of sub-section (3) ot that 20 sectioa,;·and (i) any other -matter which may be prescribed or in respect 9f which rules are required to be ol4idc hy the central go~ernment 36 the apl'roprialc government may, by notification, make rules to power provide for all or any of thc following matters, namely:":"", of the (a) the financial and udministralive powers which the chairman or a tribunal may cxefcise ovcr the principal bench and the additiorntl benches of the tribunal under section 12; ·ilppro· prillle govera mertt to make rules (6) the salaries and allowances and conditions of service of the officers and other employees: ora tribunal undcr sub-section· (2) of section 13; and 30 1 , (c) any other matter not heing a matter specified in section 3s iii respect of which rules are required to be mnde by the appropriate government t i ··i; layio 1)1 rule •• 37 (1) every rule made under thi~ act by the central government shall 35 be laid, as soon as may be after it is made, before l'ach house of parliament while it is in session for a t01al period of thirty days which moy be comprised in one session or in two or more successive sc~sions, and if, before the expiry of the session immediately followjn~ the session or the sllcces'1ive se!ision'l aforesaid, both hou8e~ a,rree in making any modification in the rule or both 40 houses agree that the rule should not be made the rule ~hall thereafter have effect only )n such modified form or be of no effect as the case may be, so, however, that any such modincation or nnnulment ahall be without prejudice to' the validity of anythin'g previously rjone under that 'rule (2) every· rule made by a state government under this act shall be liad, 45 ii looil ill may ~e after it is made, before the state legislature  article 323a of the constitution stipulates' that parliament may, by law, provide for'the adjudication or trial by administrative tribunals of, disputes and complaints with respect ," to recru~ment and conditions of service of" perl:lons appointed to pubuc services and posts -in connection with the affairs of the union or of any state or of any local or other authority witbin the territo1'y of india or undt'r the control of the government of india or "f any corporatign owned or controlled by the government  2 the bill seeks "to give effect-to the aforesaid const~tutional provision by providing for theest3blishment of an administrative tribunal for the union and a separate administrative tribunal for a state or a joint administrative tribunal for two or more states the bill also provides lor- (8) the jurisdiction, powers (including the power to punish for contempt) and authority which may be -exercised by each tribuna!; (b) the procedure (including provision as to limitation and l'ules of evidence) to be fouowedby the state tribunals; (c) exclusion of the jurisdiction of all courts, except that of the supreme court under artiqe 136 of the constitution l'elating to service matters; (d) the transfer to each adminirtrative tribunal of any suit or other proceedingfl pending before any court or other authority immediately before the establishment of such tribunal afi would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment 3 the establishment of administrative tribunal under the aforesaid provision pf the constitution bas become necessary since a large n,umber of cases relating 10 service "matters are pending before the various courts it is expected that the setting up of such administrative tribunals to deal exclusivejy with service matters would go a long way in not only reducing" the burden of the variou8 courts and thereby giving them more time to deal with other cases expeditiously but would also provide to the persons covered by the administrative tribunals speedy relief in respect of their grievan(~es new deuu; k p singh ded the 21st januti'y ul85 clause 2"'-this clause provides for exclusion of certain ca~gories of persons from the purview of the act ' , clause 3-this clause defines the various expressions occurring in the ·act clause 4,-this clause' provides for the establishment of the ce ntral administrative tribunal by the central government and the establishment of administrative tribunal for a state or two or more states· by the central government on a request received from the state government (8) it1- thi!l behalf ' clcruse 5-this c~ause provides for the establishment of the tribunal with a principal bench lind such number of additional benches as may be required and provides that €ach bench shall c:onsj~t of three members incll2ding the presiding officer provision has, however, been made for enabling' the chairman or any other member of the administrative tribunal authorised by the chah'man if) this behalf to function a~ an additional l3ench consisting, of a single member in respect of such classes of care!'l or !patters as the chairman may, by order, specify clatlsc a-this clause malees detailed provisions regarding the qualifications to be fulfilled f(lr appointment as chairman, vice  chairman or other members of the trihunal cl!luse ' 7  -this clanse indicates the circumstances under which the vice-chairman of the tribun':ll may act as chairman or discharge the functions of the chairman chuse 8  -rhis clause fixes th~ tenuf':!of the chairman, vice-chairman or other mem?",rs of the tribunal subject to a maximum age limit clrtuse s-this clnuse det;jil;:: the procedure for resignation or l'emoval of the chairman, vice-chairman or other members oftbf! tribunal clause lo-'ihi~ clause nrovides for the framing of rules by the central gove"l'nmcnt to regulate the salaries and allowances and other conditions of service of chairman, vice-chairman and other members   claus'~ 11-this dause prqvidet; for certain restrictions on the further employment of' the chairman, vice-chairman 'and, other members on their ceasing to hold such office with a provision for further employment of a member rls vice-chairman/chairman und the further em'· ploymentof a vice-chairman as chairman clause 12-this clause provides for fl·aming of rules by the central government or the state government defining financial and administrative powers of the chairman, with provision to enable the chairman to delegate' his powers to the vice-chairman clause 13--thi:; ~clause provides that the central government or a state government, as, the case may be, shall provide the staff for the functioning of the tribunal clause 14-this clause de~es the jurisdiction, powers and authority of the central administrative tribunal in regard to service matters of various categories of persons specified therein clott:-:e i5-this clau:e defines the jurisdiction, powers and authority of the state administrative tribunal in regard to service matters of various categories of persons specifted therein cltntse 16---this clause clarifies that a joint administrative tribunal shall be functioning as the state administrative tribunal for each of the constituent states claulle i7-·thit: clause vests the tribun"ll with powers to punish for contempt of itself as a high court clause is-this clause, provides for appropriate provisions being !dade by the central governmcnt or the state government, 8s the case 1ay be, for distribution of business amongst the tribunal and its benches  claus~ 19-this clause provides for making an application ttt the tribunal by an as ~rieved person covered by this act clau$p 20-this dause provirl~s for admission of applications m~de by aggrieved persons only if other rl"medies available have been exhausted ' clause 21-1'his clause provides for limitation on admission of applications from the aggrieved persons by the tribunal clause 22-this clause provifies that the tribunal shall have the power to regulate its own procedure subject to the other provisions of this act or (if any rules made by the central government it al90 invests the tribunal with variou/; powers necessary for holding an inquiry 3s areyested jn " civil ccrurt clause 23-this clause provides for the aggrieved persons taking the assistancc of a legal practitioner and the governmerit presenting its case through one or more persons whether tegal practitioners or not i clause 2-!-·~this clause empower::; the tribunal to make interim orders subje~t to certain ccnditions clatl8e 25-'fhe clause defines the powers of the chamnan to transfer cases between the principal bench and the· additional benches and to withdraw l! case from an additional bench to the principal bench clause 2fi·-this clause provides for decision by the majority at the tribunal and also prescrif'tes the procedure to be followed when there is no majority clause 27-this clause indicates the manner in which orders of r"ibunals may he executed claust! 28-this clause provides for the exclusion with re~ard to the matters mentioned therein of jurisdiction of all courts except that of the supreme court under artic'le 136 of the constitution clause 29-this clause provides for the transfer to the tribunal of  all cases relating to service matters pending before courts ex&;ept appeal cases ' ',' clause ao--this clause make!!: it clear that all proceedings before a tl'ibwull shah be ueemed to be judicial proceedinqs clause 31-this clause makes it clear that members and staff of the tribunal shall be deemed to be public servants cta'use s2-this clause prmrides for protection of the central or state government or the chairman, vice-chairman or other members of any central or joint or state administrative tribunal in respect of anything done in  gnod faith in pursuance of this act clause 33--this dause is for giving over-ttding effect to the provisions of the legisla lion clause 34-this clause empowers the central government to make s\litableprovisjons for removing any difficulty in giving effect to the provisions of the legislation   cla'use 35-this clause empowers the central government ,to make rules for' various matters relating to procedure of the trihunal, condi-tions of c;ervicp of chairman, vice;;chairman and other members and similar other ifatters for" the proper functioning of the tribunal ' clause 36-this clause provides for the making of rules by the centrtu government or a state government, as the case may be, with regard to the various matters specified therein clause 37-'1'his clause provides for the laying of rules the administrative tribunals bill, 1985 provjdes for the adjudication of trial by the administrative tribunals of disputes qlldcomplaints with respect to ret!ruitment· and conditions of service of persons appoij)ted to public servkes ond posts in c~nne'_~tion with the affairs of the union or of any state crof any local or _ other authority within the· territory of india cr ·:nder the control of tlie government of india or of any corporation owned or controll~d by government and for matters connected therewith or incidental thereto ' 2 according to clause 5 of the bill, the tribunal shall con'sist of a chairman and sucn number at vice-chairman and other members as-" may be considered necessary the bench of the tri~unal, shall be ,presided over by the chairman or by the vice-chairman and shall consist of at least twoother members 'ilte bench presided over by the chairman will be known as the principal bench and the other benches will be known as additional bem:hea of the tribunal clause 10 provides that the salary and allowances payabie to,·and the other terms and conditions of service· of the chairman, vice-chairman and other members shall be suell as may be prescribed by 'the central government clause 13 provides that government shall determine the natur~ and categories of! the officers and other employees required to assist a tribunal in the dis-qharge of its functions and provides the tribunal wit!} such officers and othe,r employees as it may deem fit the salaries ana allowances and conditions of service of the officers and other employees of the tribunal shall be prescribed by the rules made by the government these are the provisions in the bill which will have financial implications once it is enacted ' 3 when the central administrative tribunal is in full operation it will - , "-have a principal bench at delhi and additional benches equal in number, to the nuinber of high courts, located at places where the seats of the high courts are now located, this is because once the tribunal is 'set up and it starts to deal with service matters of persons within its jurisdiction, the jurisdiction of the high courts and of the supreme court (except under article 136 of the constitution) over service matte,n, of such persons will be excluded however, to start with, it is proposed to set up the p'rincipal bench and 7 additional benches to be located at delhi, al1ahabad, bombay, calcutta, gauhat!, n&gpur, madras· and - bangalore to cover the northern western, easte,rn, central and southern regions of the country on this 'basis, the iminediate requirements of the posts of chairman, vice-chairman and members for the proposed administrative tribunal will be as indicated below:-| s        | no             ||-----------|-----------------|| of        |                 || the       | post           || num~rlof  |                 || pay       |                 || posta     |                 || 1        |                 || chairman |                 || 1         |                 || bs      |                 || 4000     |                 || fixed     |                 || 2        |  vice-chairman || 8         |                 || rs       |                 || 3500      |                 || fixed     |                 || 3        | member          || 17        |                 || rs       |                 || 3000      |                 || fixed     |                 |as and when it becomes necessary to establish at least one additionsl bench at ",very place where higb courts are 10~lct  d now; the requirement of posts of chainnan vice-chairman and members will be as under:--| s               ||------------------|| name of the post || number           || cf               || pay              || posts            || 1               || chairman        || 1                || rs              || 4000             || fixed            || 2               || vice-chairman    || 16               || its             || 3500             || fixed            || 3               || member           || 33               || rs              || 3000             || fixed            |4 for their efficient functioning, the principal bench and the additional benches of the ~ibunal will 8;lso require adequate supporting staff it i's not possible to indicate precisely at this stage the exact number and the categories of staff required for the differtmt benches of the tribunal this will require to be worked out separately at an appropriate stage before the benches of the tribunal ar~ actually set up in -addition to the e~pehditure on the' supporth!g st~ff, e'xpenditure will q}s·) have to be incurred on rent for hired accommodation, acquisition of furnitu,re and fitting~, office  equipment like typewriters, almirahs, filing cabinets, duplicating machines etc expenditure will al'so have to be incurred on rurning (if the offices under heads such as office stationery, petrol, oil und lubrictmts, etc on a rough ebtimat~, the recurring ex- penditure for the eight benches of the tribunal including the pl'incipal bench is expected to b~ of the order of about rs 100 lakhs per annum the capital expenditure that will have to be incurred for setting up of the eight benches is expected to be of ' the order of rs 80 lakhs particularly since the expenditure on furnitul'e is likely to be heavy on account of the need for providing special rurniture in the, court rooms: as and when additional benches are established at places where high courts ara now ~ocated, the add~tional annual recurring expenditure is expected to be of the order of rs 100 lakhs per annum, while the additional non-re311rring expenditure will be about rs 80lakhs   5 the department of personl)el and administrative reforms which will be se,rvicing the administrative tribunals and attending to various matters relating to the establishment of the tribunals will also require to be strengthened to cope with the additional work it is estimated that, to start with, a recurring annual expenditure of around rs 5 lakhs will have to be jncurrcd on this account " 6 it may be stated that though the setting up of the administrative tribunal involves additional expenditure from the consolidated fund of india, the tribunal is expected to go a long way in reducing the burden on the courts and providing spee-:jy disposal of grievances relating to service mntters   7 the provisions of ,the bill do not involve any other expenditure ot a recurring or non-recurring nature, clause 34 of the bill empowers  the central government to issue orders for the re;moval of any difficulty which ms)' arist" in giving effe~t to any provisior of the bill and further provides that every' order so made shall be laid before each house of parliament sub-clauo,e (1) of clause 35, and' clause 36,of tbe bill, empower the central government to make, by notification in the oftlcial gazette, rules to ca::,ry out the provisions or the bill' the matters in relation to which such rules are to be made have been specified in sub-clause (2) of clause 35 lmd sub-clauses (a) and (b) of clause 36 such matters include the specification of classes of cases which t;hall be decided by a bench (~omposed of more than thre~ members; sellrrieb and allowances  payable to, and other terms and conditions of service, of the chairman, vice-chairman and otner members of a tribunal; the manner in which the procedurp of a tribunal shall be regulated; additional matters in relation to which the tribuna] may exercjse the powers of a civu court clause 36 empowers the bppropriate government to make rules providing for the financial and administrative powers whick the chairman of a tribw181 may exercise; and salaries and allowances and other conditions of senrice of ofticers and other employees of the tribunal  by sub-clause (c) of clause 36, the appropriate government has been  empowered to make the rules relating to matters other than thole specified in clause 35 sub-clause (1) of clause 37 01 the bill provides for the laying of the rules made by the central gov~rnment before each house of parliament and fo'ub-clause (2) ot clause 3'1 provides for the laying of the rules made by the state government before the ~tate legislature 'the matters in respect of which such orders and rules may be made are matters of detail and procedure  the delegation of the legislative powerib, tberefore, of a normal character  a billto provide for the adjudication or trial by administrative tribunals of disputes and complaints with' respect to recruitment and conditions " of 's\'!rvice of persons appointed to public services and posts in connection with the aftairs 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 of any corporation owned or controlled by the government and for matters connected therewith or incidental thereto ' (sh'j'i k p singh deo, department of ad~t,atit~ reforms mul culture) 