Section 12 of the Administrative Tribunals Act, 1985: Financial and Administrative Powers of the Chairman

Section 12 of the Administrative Tribunals Act, 1985 deals with the financial and administrative authority of the Chairman over Tribunal Benches and the delegation of specified functions to a Member designated as Vice-Chairman.

Text of Section 12

Meaning and Scope of Section 12

Section 12 separates the source of the Chairman's financial and administrative authority from its day-to-day exercise. The power is not unlimited or self-created. Under subsection (1), the Chairman exercises only those financial and administrative powers that are vested by rules made by the appropriate Government.

Subsection (2) provides an administrative mechanism for delegation. A Member must first be designated as Vice-Chairman by the appropriate Government. The Chairman may then delegate specified powers or functions to that designated Member through a general or special order in writing.

The provision should also be read with Section 3 of the Administrative Tribunals Act, 1985, which contains the statutory definitions used throughout the Act, and with Section 36, which authorizes rule-making on the Chairman's financial and administrative powers.

Key Legal Terms

Chairman

The Chairman is the head of the Tribunal for the purposes contemplated by the Act. Section 12 concerns the Chairman's financial and administrative authority over the Benches, while other provisions of the Act deal with appointment, service conditions, transfer of cases and related functions.

Bench

A Bench is a constituent adjudicatory unit of a Tribunal constituted and functioning under the Administrative Tribunals Act, 1985. For the statutory framework governing composition of Tribunals and Benches, see Section 5 - Composition of Tribunals and Benches thereof.

Appropriate Government

The expression "appropriate Government" is defined in Section 3 of the Act. Its meaning depends on whether the matter concerns the Central Administrative Tribunal, a State Administrative Tribunal or a Joint Administrative Tribunal. The applicable Government is therefore the authority that makes the relevant rules and, under Section 12(2), may designate one or more Members as Vice-Chairman.

Delegation under Section 12(2)

Delegation under subsection (2) requires a written general or special order of the Chairman. The provision therefore contemplates identifiable delegated powers or functions rather than an informal transfer of authority.

The current Section 12 differs from the pre-2007 provision. The earlier version expressly referred to delegation to a Vice-Chairman or an officer of the Tribunal subject to the Chairman's direction, control and supervision. The substituted provision now uses the mechanism of Government designation of one or more Members as Vice-Chairman, followed by written delegation by the Chairman.

Related Provision: Section 36

Section 36(a) of the Administrative Tribunals Act, 1985 authorizes the appropriate Government to make rules prescribing the financial and administrative powers that the Chairman may exercise over the Benches under Section 12. This rule-making provision is the statutory link between the Act and the detailed financial or administrative powers exercisable in practice.

Official Sources

For the authoritative statutory text and current Tribunal information, readers should verify the provision through the official India Code database and the official Central Administrative Tribunal website. These official sources are also listed in the right-side reference panel.

Related Provisions of the Administrative Tribunals Act, 1985

• Administrative Tribunals Act, 1985 - Overview
• Section 3 - Definitions
• Section 5 - Composition of Tribunals and Benches thereof
• Section 11 - Holding of offices after ceasing to be Chairman, etc.
• Section 13 - Staff of the Tribunal
• Section 14 - Jurisdiction, powers and authority of CAT
• Section 18 - Distribution of business amongst Benches
• Section 19 - Applications to Tribunals
• Section 20 - Exhaustion of other remedies