Section 7 of the Administrative Tribunals Act, 1985 - Acting Chairman in Certain Circumstances

Section 7 of the Administrative Tribunals Act, 1985 provides a statutory mechanism for continuity in the office of the Chairman of an Administrative Tribunal when the office becomes vacant or when the Chairman is temporarily unable to perform the functions of that office.

Current-law note: The wording of Section 7 has been amended over time. In particular, Section 7(1) was amended by the Administrative Tribunals (Amendment) Act, 2006, effective from 19 February 2007, so that the provision now refers to such one of the Members as the appropriate Government may authorize by notification, rather than treating the Vice-Chairman as the automatic substitute.

What does Section 7 provide?

The purpose of Section 7 is to prevent an administrative vacuum in the leadership of the Tribunal. It deals with two different situations: first, a vacancy in the office of Chairman; and second, a temporary inability of the Chairman to discharge the functions of the office.

Section 7(1) - Vacancy in the office of Chairman

In the event of a vacancy in the office of the Chairman because of death, resignation or otherwise, such one of the Members as the appropriate Government may authorize by notification shall act as Chairman until a new Chairman appointed under the Act enters office.

Section 7(2) - Chairman temporarily unable to discharge functions

Where the Chairman is unable to discharge the functions of the office owing to absence, illness or any other cause, the person authorized in accordance with the applicable statutory framework discharges those functions until the Chairman resumes duties.

Meaning of important expressions

"Appropriate Government"

The expression "appropriate Government" is defined in Section 3 of the Administrative Tribunals Act, 1985. Its meaning depends on whether the matter concerns the Central Administrative Tribunal, a State Administrative Tribunal or a Joint Administrative Tribunal.

"Notification"

Section 7 requires authorization through a notification. In practical terms, this means that the temporary arrangement contemplated by the provision is not merely an internal administrative understanding; it must have the formal authority required by the Act.

"Acting as Chairman" and "discharging functions"

Sub-section (1) concerns a vacancy in the office itself and continues until a newly appointed Chairman enters office. Sub-section (2) concerns temporary inability, such as absence or illness, and lasts only until the Chairman resumes duties.

In short: Section 7 is a continuity provision. It ensures that the Tribunal can continue to function even when its Chairman's office is vacant or the Chairman is temporarily unavailable.

Why the amendment history matters

Older versions of the Act and older web pages may refer prominently to the office of Vice-Chairman. Amendments made by the Administrative Tribunals (Amendment) Act, 2006 changed the structure of several provisions concerning the Vice-Chairman. For this reason, current statutory wording should be checked against the latest official consolidated text before relying on an older reproduction.

Related provisions of the Administrative Tribunals Act, 1985

Practical reading of Section 7

When applying Section 7, the first question is whether the Chairman's office is vacant or whether the Chairman merely cannot discharge the functions temporarily. The second question is whether the person acting or discharging functions has been validly authorized in the manner required by law. These distinctions determine the duration and legal basis of the temporary arrangement.

This page is intended as a general legal information resource. For litigation, appointment disputes or questions concerning a particular notification, the current Act, applicable rules, notification and judicial decisions should be examined together.