The Himachal Pradesh Administrative Tribunal (Transfer of Decided cases and Pending Applications) Act, 2019

THE HIMACHAL PRADESH ADMINISTRATIVE TRIBUNAL (TRANSFER OF DECIDED CASES AND PENDING APPLICATIONS) ACT, 2019

1. (1) This Act may be called the Himachal Pradesh Administrative Tribunal (Transfer of Decided Cases and Pending Applications) Act, 2019.
2. (2) It shall be deemed to have come into force on 13th August, 2019. 1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh, dated 31st August,2019 p. 5408-5409 and 5411.

In this Act, unless the context otherwise requires,—

1. (a) “application” means an application made under section 19 of the Administrative Tribunals Act, 1985 (13 of 1985);
2. (b) “High Court” means the High Court of Himachal Pradesh; and
3. (c) “Tribunal” means the erstwhile Himachal Pradesh Administrative Tribunal established under sub-section

1. (2) of section 4 of the Administrative Tribunals Act, 1985.

1. (1) Any suit or case or other proceeding which was transferred by any Civil Court and decided by the Tribunal or pending on the date of commencement of this Act before the Tribunal shall stand transferred back to the same Civil Court from which it was transferred and in case such court is not in existence then to the court of competent jurisdiction in its place and such court shall proceed to dispose of the same as it was a plaint under the Code of Civil Procedure, 1908 (5 of 1908).
2. (2) Every petition or proceeding which was transferred by the High Court to the Tribunal and decided by the Tribunal or is pending on the date of commencement of this Act before the Tribunal shall stand transferred back to the High Court.
3. (3) Every proceeding of a case which was filed as an original application in the Tribunal and decided by the Tribunal or is pending on the date of commencement of this Act before the said Tribunal shall stand transferred to the High Court.
4. (4) Where any case or proceeding stands transferred from the Tribunal to the High Court or Civil Court under sub-section (1), (2) or (3),—
   • (a) the record of such cases or proceedings shall be forwarded to the High Court or the Civil Court concerned, as the case may be; and
   • (b) the High Court or the Civil Court, as the case may be, on receipt of such record, proceed to deal with the case from the stage which was reached before such transfer or from any earlier stage as the High Court or the Civil Court may deem fit.
5. (5) Every proceeding relating to contempt, execution or review of final order or interim order pending before the Tribunal on the date of commencement of this Act, shall stand transferred to the High Court or the Civil Court, as the case may be.

As soon as

after the transfer of applications or proceedings under section 3, the High Court or the Civil Court concerned, as the case may be, shall intimate the parties or their counsel accordingly.

(1) The Himachal Pradesh Administrative Tribunal (Transfer of Decided Cases and Pending Applications) Ordinance, 2019 is hereby repealed.

1. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.