Section 18 of the Administrative Tribunals Act, 1985 - Distribution of Business Among Benches
Section 18 of the Administrative Tribunals Act, 1985 deals with how the business of a Tribunal may be distributed among its Benches and who decides a dispute about whether a matter has been allocated to a particular Bench.
In brief: Where Benches of a Tribunal are constituted, the appropriate Government may distribute the Tribunal's business among those Benches by notification and may specify the matters that each Bench can deal with. If a question arises about whether a matter falls within the business allocated to a Bench, Section 18(2) makes the Chairman's decision final for that allocation question.
What does Section 18 provide?
Section 18(1): Where any Benches of a Tribunal are constituted, the appropriate Government may, from time to time, by notification, make provisions for distribution of the business of the Tribunal among the Benches and specify the matters that may be dealt with by each Bench.
Section 18(2): If any question arises as to whether a matter falls within the purview of the business allocated to a Bench of a Tribunal, the decision of the Chairman on that question is final.
Explanation: For removal of doubts, the expression "matters" includes applications under Section 19 of the Administrative Tribunals Act, 1985.
Meaning and effect of Section 18
Section 18 is an administrative allocation provision. It allows the competent Government to divide the work of a Tribunal among different Benches through a notification. This may include specifying the categories of cases or matters that a particular Bench will ordinarily handle.
The provision is important because the Administrative Tribunals Act permits Tribunal jurisdiction, powers and authority to be exercised through Benches. Section 18 provides a statutory mechanism for distributing that business among the Benches.
1. Distribution is made by notification
The appropriate Government may make provisions "from time to time" by notification. This allows the allocation of work to be adjusted when the number, location or workload of Benches changes.
2. The Government may specify matters for each Bench
A notification under Section 18 may identify the matters that a particular Bench may deal with. In practical terms, Bench jurisdiction and allocation may therefore depend on the applicable statutory framework and the relevant Government notification.
3. Chairman decides an allocation dispute
When a question arises about whether a matter is within the business allocated to a particular Bench, Section 18(2) assigns that decision to the Chairman. The provision states that the Chairman's decision on that allocation question shall be final.
4. "Matters" includes applications under Section 19
The Explanation to Section 18 expressly clarifies that "matters" includes applications under Section 19. Section 19 is the provision under which an aggrieved person may make an application to the Tribunal for redress in a matter falling within the Tribunal's jurisdiction.
Section 18 and territorial or Bench jurisdiction
Section 18 should be read with the provisions of the Act dealing with the constitution and functioning of Benches. For the Central Administrative Tribunal, the official CAT website publishes a current table showing its Benches and their territorial jurisdiction. That table is a useful practical reference when identifying the appropriate Bench.
Official reference: Central Administrative Tribunal - Table of Jurisdiction of Benches.
Section 18 and transfer of cases under Section 25
Distribution of business under Section 18 is different from transfer of a pending case. Section 25 separately empowers the Chairman, subject to its terms, to transfer a case pending before one Bench for disposal by another Bench. Section 18 therefore concerns allocation of Tribunal business, while Section 25 addresses transfer of an individual pending case.
Official statutory source
The authoritative statutory text should be checked from the Government of India's official India Code database: Administrative Tribunals Act, 1985 - India Code.
Practical note: Before filing an application, verify the latest Bench jurisdiction and any applicable notification or administrative order. The statutory allocation under Section 18 and the current CAT Bench-jurisdiction information should be read together with the facts of the case and other applicable provisions of the Act.
Related provisions
Section 18 appears in Chapter III of the Administrative Tribunals Act, 1985, dealing with jurisdiction, powers and authority of Tribunals. Related provisions include:
- Section 14 - Jurisdiction, powers and authority of the Central Administrative Tribunal
- Section 15 - Jurisdiction, powers and authority of State Administrative Tribunals
- Section 16 - Jurisdiction, powers and authority of a Joint Administrative Tribunal
- Section 17 - Power to punish for contempt
- Section 19 - Applications to Tribunals
- Section 20 - Exhaustion of other remedies
This page is intended for general legal information. For an actual proceeding, consult the current statutory text, applicable notifications, CAT rules and relevant judicial decisions.