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Government Of Assam Personnel Assam administrative Tribunal

Procedure and Order of the Tribunal

Procedure before Tribunal

Subject to the provisions of this Act and the rules framed there under the Tribunal shall have the power to regulate its own procedure and for the constitution of Benches, if any, for the disposal of all matters arising out of the exercise of its powers under the provisions of this Act.

At least two of the Members of the Tribunal will hear and pass orders on appeals preferred before the Tribunal.

The decision of the majority of the member present and hearing the matter shall be the decision of the Tribunal. Where the members are equally divided in their opinion, the appeal would be heard and decided by all the members and the decision arrived at by the majority opinion of all the members shall be the decision of the Tribunal.

The Tribunal shall have the power to confirm, modify or reverse the order against which the appeal is preferred or to remand the matter for a fresh decision by the competent authority passing the order in accordance with such directions, if any, as may be given by the Tribunal. 

Finality of decision and bar of suit, powers of review of its own order and transfer of pending proceedings

The order of the Tribunal passed in any appeal under the provisions of the Act shall be final.

Notwithstanding anything contained in sub-section (1) (a) above, the Tribunal may, on the application of any of the parties, review its own decision or order in any case and may pass such order as it thinks fit: 

Provided that no such decision or order shall be reviewed unless notice has been given to the opposite parties to appear and to show cause why such order or decision should not be reviewed:

Provided further that an application for review under sub-section (1) (b) shall be made within thirty days from the date of decision or order of the Tribunal.

Notwithstanding anything contained in any law no civil court or other authority shall entertain any civil suit or other proceedings with respect to any of the matters which fall within the jurisdiction of the Tribunal or question in any form any order passed by the Tribunal in any appeal or review with respect to any matter when an appeal could have been preferred under the provisions of this Act or with respect to any other matter which arises out of the exercise of powers under this Act.

Notwithstanding anything contained in any law no civil court or other authority shall entertain any civil suit or other proceedings with respect to any of the matters which fall within the jurisdiction of the Tribunal or question in any form any order passed by the Tribunal in any appeal or review with respect to any matter when an appeal could have been preferred under the provisions of this Act or with respect to any other matter which arises out of the exercise of powers under this Act.

The decision of the Tribunal shall be implemented within such reasonable time as may be specified by the Tribunal.