Report No. 162

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

Contents
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
	Belgium
	Italy
	Greece
	Turkey
	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