Article 323-A and 323-B
of the constitution deals with Administrative Tribunals and Other Tribunals.
Tribunals are established by the Parliament and State
Legislature for the settlement of dispute, complaints or offences with
respect to the matters such as assessment and collection of taxes; foreign
exchange, imports and exports; industrial and labour disputes; land reforms;
land ceiling; production, procurement, supply and distribution of foodstuffs
(including edible oilseeds and oils) etc. (Article 323B clause 2 of the
Constitution Of India 1949). |
1. Central Administrative
Tribunals |
The Central Administrative Tribunals are established to provide for the adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any state or of any local or other authority in India or under the control of the Government of India or of any Government Corporation. Administrative Tribunals provide a speedy, relatively inexpensive and efficacious remedy to the employees who feel aggrieved. The Tribunal has been conferred the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
The Central Administrative Tribunals comprises of a Chairman, who has been a sitting or retired Judge of a High Court and 16 Vice-Chairmen and 49 other Members. The employees of the Central Administrative Tribunal are required to discharge their duties under the general superintendence of the Chairman.
Parliament had enacted the Administrative Tribunals Act, 1985 with a view to reducing the overcrowding of pending cases in various High Courts and other Courts in the country. The Act came into force in July, 1985 and the Administrative Tribunals were established in November, 1985 at Delhi, Mumbai, Calcutta and Allahabad. Today, there are 17 Benches of the Tribunal located throughout the country wherever the seat of a High Court is located, with 33 Division Benches.
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2. Appellate Tribunal
for Electricity |
Appellate
Tribunal for Electricity has been established by Ministry of Power, Govt.
of India w.e.f. (World Economic Forum) on 7th April 2004. The Appellate
Tribunal shall consist of a Chairperson and three other Members. Every
Bench constituted by the Chairperson shall consist of at least one Judicial
Member and one Technical Member.
Appellate Tribunal for Electricity
is conferred with original jurisdiction to hear appeals or original petitions
against the orders of the adjudicating officer or the Central Regulatory
Commission or State Regulatory Commission or Joint Commission constituted
under the Electricity Act, 2003. The act covers major issues involving
generation, distribution, transmission and trading electricity.
Every appeal to the tribunal shall
be filed within a period of forty-five days from the date on which a copy
of the order made by the adjudicating officer or the Appropriate Commission
received by the aggrieved person. If any person, who is not satisfied
by the decision or order of the Appellate Tribunal, may, file an appeal
to the Supreme Court within sixty days from the date of communication
of the decision or order of the Appellate Tribunal, to him. |
3. The Customs, Excise
and Service Tax Appellate Tribunal (CESTAT) |
The Customs, Excise and
Service Tax Appellate Tribunal (CESTAT) was formerly known as Customs,
Excise & Gold (Control) Appellate Tribunal (CEGAT), was constituted
on the 11th October 1982. CESTAT was established to provide an independent
forum to hear the appeals against orders and decisions passed by the Designated
Authority in the Ministry of Commerce. The Tribunal is also having the
power to hear the appeals against orders passed by the designated authority
with regard to Anti Dumping matters.
The Tribunal consists of 21 Members including President,the administrative head of the tribunal
and two Vice Presidents. The work of the Tribunal has been distributed
among various Benches, comprising of Special Benches at Delhi consist
of not less than two members, at least one being a Judicial Member and
one a Technical Member. Regional Benches (one each located at Delhi, Mumbai,
Kolkata, Bangalore and Chennai) consist of two Members - one a Judicial
Member and one a Technical Member. Special Benches deal with matters relating,
among other things, to disputes about the rate of duty of custom or of
excise (referred to as classification disputes) or to the value, of goods
for purposes of assessment of duty of customs or of excise (referred to
as valuation disputes). Regional Benches deal with matters other than
those falling within the jurisdiction of the Special Benches. There is
also a provision for Single Member Benches, which are competent to dispose
of cases within the specified monetary limits falling within the jurisdiction
of Regional Benches. |
4. Debts Recovery Tribunal |
Debts Recovery Tribunal
are established by the central government for the expeditious adjudication
and recovery of debts due to banks and financial institutions and for
matters connected therewith or incidental thereto (Recovery of Debt Due
to Banks and Financial Institutions Act, 1993( RDB Act)). The Debts Recovery
Tribunal has the power to entertain and decide applications from the banks
and financial institutions for recovery of debts due to such banks and
financial institutions. The Debt Recovery Tribunal hear the appeals against
orders passed by the Recovery Officers of the Tribunal.The Tribunal can
hear cross suits, counter claims and allow set offs. However, they cannot
hear claims of damages or deficiency of services or breach of contract
or criminal negligence on the part of the lenders.
The Government of India has constituted twenty-nine Debt
Recovery Tribunal across the country. Some cities have more than one Debt
Recovery Tribunal located therein. The setting up of a Debt Recovery Tribunal
is dependant upon the number of cases. There are also some States that
do not have a Debt Recovery Tribunal. The Banks & Financial Institutions
and other parties in these States have to go to Debt Recovery Tribunal
located in other states having jurisdiction over these areas.
Each Debts Recovery is presided over by a Presiding Officer
who is generally a judge of the rank of District and Sessions Judge. Presiding
Officer of one Tribunal has the power to discharge also the functions
of the Presiding Officer of another Tribunal. He is the sole judicial
authority to hear and pass any judicial order. Each Debt Recovery Tribunal
has two Recovery Officers. The Presiding Officer allocates the work amongst
the Recovery Officers. Though a Recovery Officer need not be a judicial
Officer, but the orders passed by a Recovery Officer are judicial in nature,
and are appealable before the Presiding Officer of the Tribunal. |
5. Debts Recovery Appellate
Tribunal |
Debt Recovery Appellate
Tribunal shall exercise jurisdiction, powers and authority to hear and
adjudicate on appeals preferred against the judicial orders passed by
the Presiding Officers of various Debt Recovery Tribunals. The Government
of India has constituted five Debt Recovery Appellate Tribunal across
the country. Each Appellate Tribunal is presided over by a Chairperson
by notification by the Central Government. Central Government may authorize
the Chairperson of one Appellate Tribunal to discharge the functions of
the Chairperson of the other Appellate Tribunal.
Chairperson of an Appellate Tribunal shall exercise general
power of superintendence and control over the Tribunals under his jurisdiction
including the power of appraising the work and recording the annual confidential
reports of Presiding Officers. The Chairperson of an Appellate Tribunal
having jurisdiction over the Tribunals may, on the application of any
of the parties or on his own motion after notice to the parties and after
hearing them, transfer any case from one Tribunal for disposal to any
other Tribunal. |
6. Intellectual Property
Appellate Tribunal |
The Government of India
constituted the Intellectual Property Appellate Board /Tribunal by a Gazette
notification of the Central Government in the Ministry of Commerce and
Industry on 15th September 2003. The Intellectual Property Appellate Board
is established to hear and adjudicate appeals against the order or decision
of the Registrar of Trademarks. Until the formation of the Intellectual
Property Appellate Board (IPAB) all the appeals against the Registrar
of Trademarks were heard only in the High Courts. But now Intellectual
Property Appellate Board hears all the cases. This Appellate Tribunal
consists of a Chairman, Vice-Chairman, and other Members.
The main object of setting up of the IPAB is for the
speedy disposal of appeals and the application of rectification pending
before various high courts. So at present all the appeals against any
order or decision of the registrar of trademarks and all cases pertaining
to rectification of register pending before any High Court shall be transferred
to the IPAB (Section 100 of the Trade Marks Act, 1999). Appeals related
to Geographical Indications of Goods (Registration and Protection) are
also heard by the IPAB. The IPAB also has appellate jurisdiction to hear
and adjudicate upon appeals from most of the decisions, orders or directions
made by the Patent Controller. Every appeal to the IPAB should be filed
within 3 months from the date of the decision, order or direction, as
the case may be, or within such further time as the IPAB may permit. |
7. Railway Claims Tribunals |
The Central Government
shall, by notification, establish a Claims Tribunal, to be known as the
Railway Claims Tribunal to provide speedy disposal of claims against the
Railway Administration. The Tribunal inquiring into and determining claims
against the Railway Administration for loss, destruction, damage, deterioration
or non-delivery of animals or goods entrusted to a railway administration
for carriage by railway or for the refund of fares or freight or for compensation
for death or injury to passengers occurring as a result of railway accidents
or untoward incidents and for matters connected therewith or incidental
thereto laid down in the Railways Act 1989.
Railway Claims Tribunal has different Benches in different
parts of the country. A Bench shall consist of a Chairman, four Vice-Chairmen,
one Judicial Member and one Technical Member. The Chairman exercises the
Jurisdiction, powers and authority of the Claims Tribunal. He may on the
application of any of the parties and after notice to the parties, and
after hearing such of them as he may desire to be heard, or on his own
motion without such notice transfer any case pending before one Bench
to any other Bench for disposal. In the absence of the Chairman due to
illness or any other cause, such one of the Vice-Chairman shall discharge
the functions of the Chairman as the Central Government may, by notification,
authorize in this behalf, until the date on which the Chairman resumes
his duties.
The Claims Tribunal shall have all the powers of a civil
court. An appeal from every order of the Claims Tribunal shall lie to
the High Court, which is having jurisdiction over the place where the
Bench is located. Every appeal shall be preferred within a period of ninety
days from the date of the order of the Tribunal. |
8. Income Tax Appellate
Tribunal |
The Income Tax Appellate
tribunal was constituted by the Central Government to dispose of appeals
arising from assessments under the Income-tax Act1961.The Act deals with the
income tax charged on the Net Income of a person. Income-tax Act, 1961
provides for levy, administration, collection and recovery of Income Tax.
The Tribunal at present functioning as the appellate
Tribunal for all direct taxes which consists of Excess Profits Tax, Business
Profits Tax, Wealth etc. The orders of the Appellate Assistant Commissioner
under all the Tax Acts such as Gift Tax Act, Expenditure Tax Act, Super
Profits Tax Act etc were made appealable to the Tribunal. Orders passed
by the Appellate Controller of Estate Duty are also appealable to the
Tribunal. Orders prejudicial to assessees passed by the Commissioner in
exercise of his Revisional Jurisdiction also come up in appeal to the
Tribunal.
The Income Tax Appellate Tribunal is a Tribunal exercising
the judicial powers of the State. The headquarters of Income Tax Appellate
Tribunal is located at Mumbai. There are 63 Benches functioning at 27
different places in the country. Bench exercising and discharging the
powers of a Tribunal consists of the President, Senior Vice-President,
Vice-President or any other Member sitting singly under the provisions
of sub-section (3) of the Act. The President of the Tribunal exercises
administrative control over all the Benches of the Tribunal. Appellate
Tribunal is divided into nine zones (Income Tax Department). Vice-President
is the head of each zone. A Bench shall hear and determine the appeals
and applications made under the Income-tax Act, 1961 (section 43); as
the President may by general or special order direct. If there are two
or more Benches of the Tribunal working at any headquarters, the President
or in the absence of the president, the Senior Vice-President/Vice-President
of the concerned zone or in the absence of Senior Vice-President/Vice-President
the senior most member of the station present at the headquarters transfer
an appeal or an application from any one of such Benches to any other. |
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