Administrative Tribunals Act, 1985

Section 10A of the Administrative Tribunals Act, 1985 - Saving Terms and Conditions of Service of Vice-Chairman

Section 10A is a transitional saving provision. It protects the service conditions of the Chairman, Vice-Chairman and Members of a Tribunal who were appointed before the commencement of the Administrative Tribunals (Amendment) Act, 2006, and also contains a limited provision concerning consideration for fresh appointment.

Current statutory context: Section 10A continues to appear in the Administrative Tribunals Act, 1985. For later appointments, the Act also contains Section 10B, which links the qualifications, appointment, term, salary, resignation, removal and other service conditions of the Chairman and Members to the later tribunal-reform framework. Section 10A should therefore be read as a saving clause for the class of pre-amendment appointees identified in the section.

On this page

Meaning and Purpose of Section 10A

The heading of Section 10A is "Saving terms and conditions of service of Vice-Chairman". In legal drafting, a saving provision preserves an earlier legal position for persons, rights, liabilities or proceedings that would otherwise be affected by an amendment.

Section 10A was inserted by the Administrative Tribunals (Amendment) Act, 2006. Its principal function is to ensure that persons appointed as Chairman, Vice-Chairman or Member before the commencement of that amending legislation continue to be governed by the earlier provisions of the Administrative Tribunals Act, 1985 and the rules made under it, as though the 2006 amendment had not come into force.

Section 10A - Text and Legal Effect

Section 10A provides, in substance, that the Chairman, Vice-Chairman and Member of a Tribunal appointed before commencement of the Administrative Tribunals (Amendment) Act, 2006 continue to be governed by the Act and the rules made under it as though that amendment had not come into force.

The proviso further deals with consideration for a fresh appointment after completion of the existing term or attainment of the applicable age limit, whichever occurs earlier, subject to eligibility under the amended Section 8, the prescribed selection procedure and the maximum aggregate tenure stated in the proviso.

What Does the Proviso to Section 10A Do?

The proviso is not a general right to continuation in office. It allows an eligible pre-amendment Chairman or Member to be considered for a fresh appointment in accordance with the selection procedure applicable to such appointments. The proviso also places an overall ceiling on the total period in office referred to in the provision.

Key point: Section 10A is mainly protective and transitional. It preserves the earlier service-condition regime for the category of office-holders identified in the section; it does not create an unrestricted entitlement to reappointment.

Relationship Between Section 10A and Section 8

The proviso to Section 10A expressly refers to eligibility under Section 8 of the Administrative Tribunals Act, 1985. Section 8 deals with the term of office. The two provisions should therefore be read together where the question concerns the duration of office or eligibility for a fresh appointment under the transitional regime.

For connected provisions, see also Section 10 - salaries, allowances and other terms and conditions of service and Section 11 - holding of offices after ceasing to hold office.

Present Statutory Framework

The Administrative Tribunals Act now also contains Section 10B. In broad terms, Section 10B addresses the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other service conditions of the Chairman and Members appointed under the later tribunal-reform regime. This makes Section 10A principally relevant to the protected class of appointments made before the 2006 amendment.

The Administrative Tribunals Act, 1985 is Act No. 13 of 1985. It was enacted on 27 February 1985 and was brought into force on 1 July 1985. The Act provides the statutory framework for administrative tribunals dealing with specified service matters.

Official Sources and Verification

For the authoritative and updated statutory text, verify the provision on the Government of India's official legal and tribunal portals. These links are provided for legal research and source verification:

This article is intended for general legal information. For an issue involving appointment, tenure, pension, service conditions or reappointment of a Tribunal office-holder, the exact appointment date, applicable amendment, rules and subsequent tribunal-reform legislation should be checked before relying on the provision.