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Report No. 162

Review of Functioning of Central Administrative Tribunal; Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal

Chapter I Introduction
Introduction (1)
Introduction (2)
Chapter II The Purpose of Administrative Law
The Purpose of Administrative Law
Advantages of Administrative Tribunals
Chapter III Administrative Remedies in Other Countries and in India Part I
Administrative Remedies in Other Countries and in India Part I
Other reforms made by the Act of 1958
Work of the council on tribunals
Report of the Committee of Justice
Judicial Review in Australia
Federal Republic of Germany
Human Rights under the European Convention-Relevance to Administrative law
Position in United States of America
Attempts of reforms relevant to our study made in the past in India
Second Recommendation
Adjudicatory Machinery under the Customs Act, 1962
Appeals to collector
Appellate Tribunal
Powers of board or collector of customs to pass certain orders
Statement of case to the High Courts
Appeal to the Supreme Court of India
Central Excise Act, 1944
Appeals to the Appellate Tribunal
Statement of case to High Court
Appeals to Supreme Court
Adjudication process under the Gold (Control) Act, 1968
Chapter IV Central Administrative Tribunal
Constitution of the Central Administrative Tribunal
Section 17 empowers the Tribunal to punish for contempt
Observations of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India
Administrative Tribunals constituted under the Administrative Tribunals Act, 1985
Necessity for training of personnel manning the tribunals
Measures to check deterioration in moral values-Corruption and nepotism are on the increase in the selection process
Constitution of National Appellate Administrative Tribunal: An alternative recommendation
Grouping Appeals before CAT/SAT and the proposed National Appellate Administrative Tribunal
Disposal of cases on the basis of arguments filed by the parties even through the post
Constitution of Benches of retired members of Tribunals
Laying down of the policy and machinery to curb litigation between employees and the Government
Need to quantify the costs for raising frivolous defences
Need to evolve a mechanism for nipping in the bud the conflicting interpretation at the CAT/High Court
Locus standi of aggrieved party to review the order and the need to provide explicitly the extent of the powers of review of CAT and the need to publish it in the newspapers and to circulate it by the concerned department so that persons can intervene in the proceedings by which they will be adversely affected
Chapter V Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT)
Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT)
Chapter VI Income-Tax Appellate Tribunal (ITAT)
Income-Tax Appellate Tribunal (ITAT)
Certain General Observations
Chapter VII Conclusion
Conclusion (1)
Conclusion (2)
Annexure D.O. No. 6(3)(21)/93-L.C.(LS)
Questionnaire on service Tribunal
Additional Questionnaire on Service Tribunals
Questionnaire on Income-Tax and Cegat Tribunals
Supplementary Questionnaire on Income-Tax and Cegat Tribunal
Annexure II Annexure II
Extracts taken from the Judgment of R.K. Jain v. Union of India,(1993) 4 SCC 120
Law Commission of India Revised Additional Questionnaire on Administrative Tribunals
Part I Central/State Administrative Tribunal
Part II Central/State Administrative Tribunal
Section I Working of Administrative Tribunals Proposed Changes In Structure and Measures to Be Take for Providing an Efficacious Forum
Section II A Basic Feature of The Constitution
Section III Proposed Changes In Structure and Functioning
Part III The Creation of an Appellate Forum
Section I Appeal to The Special Bench of The High Court
Section II Appeal to The Proposed National Administrative Appellate Tribunal
Section III Creation of An Appellate Forum and The Requirements of Judicial Review

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