RAJASTHAN
CIVIL SERVICES (SERVICE MATTERS APPELLATE TRIBUNALS) (SECOND AMENDMENT) ACT,
2005 THE RAJASTHAN CIVIL SERVICES (SERVICE MATTERS APPELLATE TRIBUNALS)
(SECOND AMENDMENT) ACT, 2005 [Act No. 17 of 2005] [19th October, 2005] An Act further to amend the
Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976. Be it enacted by the
Rajasthan State Legislature in the Fifty-sixth Year of the Republic of India,
as follows:- (1)
This Act may be called the Rajasthan Civil Services (Service
Matters Appellate Tribunals) (Second Amendment) Act, 2005. (2)
It shall be deemed to have come into force on and from 3rd June,
2005. After the existing section
4 and before the existing section 5 of the Rajasthan Civil Services (Service
Matters Appellate Tribunals) Act, 1976 (Act No. 34 of 1976), hereinafter
referred to as the principal Act, the following new section shall be inserted,
namely:- "4A. Appeal not to be
admitted unless other remedies exhausted.- (1)
The Tribunal shall not ordinarily admit an appeal unless it is
satisfied that the appellant had availed of all the remedies available to him
under the relevant service rules as to redressal of grievances. (2)
For the purposes of sub-section (1), a person shall be deemed to
have availed of all the remedies available to him under the relevant service
rules as to redressal of grievances- (a)
if a final order has been made by the Government or other
authority or Committee or officer or other person competent to pass such order
under such rules, rejecting any appeal preferred or representation made by such
person in connection with the grievance; or (b)
where no final order has been made by the Government or other
authority or Committee or officer or other person competent to pass such order
with regard to the appeal preferred or representation made by such person, if a
period of six months from the date on which such appeal was preferred or
representation was made has expired. Explanation:-In this
section, the expression "service rules as to redressal of grievances"
means the rules, regulations, orders or other instruments or arrangements as in
force for the time being with respect to redressal, otherwise than under this
Act, of any grievances in relation to service matters." For the existing section 9
of the principal Act, the following shall be substituted, namely:- "9. Limitation for
appeals.- (1)
The Tribunal shall not admit an appeal- (a)
in a case, where a final order such as is mentioned in clause (a)
of sub-section (2) of section 4A has been made in connection with the
grievance, unless the appeal is preferred within six months from the date on
which such final order has been made; (b)
in a case, where an appeal or representation such as is mentioned
in clause (b) of sub-section (2) of section 4A has been preferred or made and a
period of six months has expired thereafter without such final order having
been made, unless the appeal is preferred within six months from the date of
expiry of the said period of six months; or (c)
in other cases, unless the appeal is preferred within six months
from the date of the order against which appeal is preferred. (2)
Notwithstanding anything contained in subjection (1), an appeal
may be admitted after the period of imitation specified in sub-section (1) if
the appellant satisfies the Tribunal that he had sufficient cause for not
referring the appeal within such period." (1)
The Rajasthan Civil Services (Service Matters Appellate Tribunals)
(Amendment) Ordinance, 2005 (Ordinance No. 1 of 2005) is hereby repealed. (2)
Notwithstanding such repeal all actions taken or orders made under
the principal Act as amended by the said Ordinance shall be deemed to have been
taken or made under the principal Act as amended by this Act. ?
Preamble - RAJASTHAN CIVIL SERVICES (SERVICE MATTERS APPELLATE
TRIBUNALS) (SECOND AMENDMENT) ACT, 2005PREAMBLE