Section 3 of the Administrative Tribunals Act, 1985 - Definitions

Section 3 of the Administrative Tribunals Act, 1985 defines the principal expressions used throughout the Act, including Administrative Member, Judicial Member, Member, Tribunal, service, service matters, appropriate Government and Vice-Chairman. These definitions are important for understanding the jurisdiction, composition and procedure of the Central Administrative Tribunal and other Administrative Tribunals constituted under the Act.

Updated legal position: The text below reflects the consolidated statutory wording, including the amendments made by the Administrative Tribunals (Amendment) Act, 1986 and the Administrative Tribunals (Amendment) Act, 2006. The 2006 amendment, brought into force on 19 February 2007, revised the references to the Chairman and Vice-Chairman in clauses (i), (ia) and (u).

Section 3 text Service matters Key definitions explained Official resources

Section 3 - Definitions

Statutory opening: In this Act, unless the context otherwise requires, the following expressions have the meanings assigned to them.

(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, means the Administrative Tribunal for that 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:
1. in relation to the Central Administrative Tribunal or a Joint Administrative Tribunal, the Central Government; and
2. 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 the Act, and includes the Chairman who possesses the qualifications specified in sub-section (3) of section 6.
(ia) Member: means a Member, whether Judicial or Administrative, of a Tribunal and includes the 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 the Act.
(m) President: means the President of India.
(n): omitted by the Administrative Tribunals (Amendment) Act, 1986 with retrospective effect from 22 January 1986.
(o) Rules: means rules made under the 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 that person's 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 respects:
1. remuneration, including allowances, pension and other retirement benefits;
2. tenure, including confirmation, seniority, promotion, reversion, premature retirement and superannuation;
3. leave of any kind;
4. disciplinary matters; or
5. 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 in force for the time being with respect to redressal, otherwise than under the Act, of grievances relating to such matter.
(rr) Society: means a society registered under the Societies Registration Act, 1860, or under any corresponding law for the time being in force in a State.
(s) Supreme Court: means the Supreme Court of India.
(t) Tribunal: means the Central Administrative Tribunal, a State Administrative Tribunal or a Joint Administrative Tribunal.
(u) Vice-Chairman: means a Member who has been authorised by the appropriate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up.

Explanation to clause (u): Where a Tribunal has two or more Vice-Chairmen, references in the Act to the Vice-Chairman are to be construed as references to each of those Vice-Chairmen.

Key definitions explained

Administrative Member and Judicial Member

The Act distinguishes between Judicial Members and Administrative Members. An Administrative Member is a Tribunal Member who is not a Judicial Member. A Judicial Member is appointed in that capacity under the Act. These expressions are relevant to the statutory composition and functioning of Tribunal Benches.

Application under Section 19

The expression application refers specifically to an application made under section 19 of the Act. Section 19 is therefore the principal provision governing the institution of proceedings before a Tribunal by an aggrieved person.

Meaning of service matters

The definition of service matters is deliberately broad. It expressly covers remuneration and allowances, pension and retirement benefits, confirmation, seniority, promotion, reversion, premature retirement, superannuation, leave and disciplinary matters, and it concludes with the wide expression "any other matter whatsoever". The definition is central to identifying disputes that may fall within the jurisdiction conferred on Administrative Tribunals.

Appropriate Government

For the Central Administrative Tribunal and a Joint Administrative Tribunal, the appropriate Government is the Central Government. For a State Administrative Tribunal, it is the State Government. This definition determines which Government exercises functions assigned to the "appropriate Government" under the Act.

Vice-Chairman after the 2006 amendment

The Administrative Tribunals (Amendment) Act, 2006 changed the statutory treatment of the office. Clause (u) now describes a Vice-Chairman as a Member authorised by the appropriate Government to perform administrative functions at places where Benches have been established.

Official legal resources

For authoritative verification of the Act and current Tribunal information, consult the India Code portal and the official Central Administrative Tribunal portal. The India Code portal is maintained for Central legislation, while the CAT portal provides official Tribunal information and services.