The Gujarat Civil Services Tribunal Act

1 THE GUJARAT CIVIL SERVICES TRIBUNAL ACT, 1972 CONTENTS PREAMBLE. SECTIONS 1. Short title , extent and commencement, 2. Definitions 3. Constitution of Tribunal, 4. Term of office and Conditions of Service of Members of Tribunal, 5. Power of State Government to terminate appointment before expiry of term. 6. Filling of vacancies 7. Discharge of functions by President or member during vacancy or absence. 8. Power of Tribunal to make regulations 9. Head Quarters of Tribunal 10. Jurisdiction of the Tribunal 11. Appeal by specified civil servants 12. Power of State Government to apply for modification, or annulment of order or decision 12-A State Government to be heard in certain cases. 12-B Review 13 Tribunal to have powers of Court. 14. Proceedings before Tribunal to be judicial proceedings 15. Members of Tribunal to be public servants 16. Bar of jurisdiction of Civil Courts 17. Bar to appearance of legal practitioners. 18. Exemption from payment of Court fees 18-A Records to be open to inspection and extracts and copies to be given therefrom 19 Amendment of Schedule 20 Rules, 21 Bar of jurisdiction of Government and Transfer of pending proceedings to Tribunal 2 GUJARAT ACT NO.2 OF 1973 * [ THE GUJARAT CIVIL SERVICES TRIBUNAL ACT, 1972] [12th January, 1973] Amended by Guj. 22 of 1980 An Act to provide for the constitution of a Civil Services Tribunal for the purpose of securing in a more effective and satisfactory manner the just claims and interests of the 2 [ Officers and servants of the State Government and Panchayats] with respect to certain matters affecting their rights and to provide for matters connected therewith It is hereby enacted in the Twenty-third year of the Republic of India as follows :- 1. (1) This Act may be called the Gujarat Civil Services Short title, extent and commence Tribunal Act, 1972 ment (2) It extends to the whole of the State of Gujarat (3) It shall come into force at once 2. In this Act, unless the context otherwise requires - (a) "law" means any law regulating the recruitment and Definitions conditions of service of persons appointed to civil services and posts under the State , or to panchayat Service and matters connected therewith and includes any notification, order, rule, regulation, or instruction or direction issued or followed for such purpose; (b) " non-gazetted posts " means posts other than posts declared or known as gazetted posts under any law ; (c) "notified order " means an order published in the Official Gazette; 3 (d) "Panchayat Service " means the Panchayat Service as constituted Guj. VI of under section 203 of the Gujarat Panchayats Act, 1961 1962 Bom.X 3[ (da) "police officers " mean police officers governed by the Bombay XX of 1951 Police Act, 1951 or the Bombay State Reserve Police Force Act,1951] Bom XXX VIII of 1951 ________________________________________________________________ 1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extra ordinary Part V, dated the 13th December, 1972, p. 338 2. These words were substituted for the words ' servants of Government and Panchayats holding non-gazetted posts " by Guj. 22 of 1980, s.2 3. Clause (d a,) was inserted ibid., s. 2(i) * This Act was assented to by the Governor on the 6th January 1973 2. Gujarat Civil Services Tribunal Act, 1972 (e) "prescribed" means prescribed by rules made under this Act; (f) "President" means the President of the Tribunal ; (g) "Schedule", means the Schedule appended to this Act; 1(h) "Specified civil servants" mean persons who are or who have been members of the civil services of the State of Gujarat or of the Panchayat Service but does not include persons who are or who have been police officers'] (i) "Tribunal" means the Gujarat Civil Services Tribunal constituted under section 3. 4 Constitution 3. (1) For the purpose of securing in a more effective and satisfactory of Tribunal manner the just claims and interests of specified civil servants with respect to certain matters affecting their rights the State Government shall, by a notified order and with effect on and from such date as may be specified therein , constitute a Tribunal to be called the Gujarat Civil Services Tribunal , consisting of the President and as many other members as the State Government may from time to time determine. (2) The President shall be a person who has held a post not lower in rank than that of a Secretary to Government for a period of not less than three years or not lower in rank than that of a District Judge 2[ for a period of not less than five years] (3) In making appointment of other members of the Tribunal, the State Government shall have due regard to the need for including in the Tribunal a reasonable number or proportion of persons having sufficient judicial experience or experience of matters relating to administration: 3[ Provided that no person shall be appointed as such other member of the Tribunal on the basis of experience of matters relating to adminis- tration unless he has worked for at least two years (whether singly or cumulatively) on the post of a Joint Secretary to the State Government or on a post which, in the opinion of the State Government, is a post equivalent to the post of a Joint Secretary] 4 [ Explanation ] 1. - In computing the period of three years, or, as the case may , five years for the purpose of sub-section (2), the period of service rendered by a person as a member of the Tribunal shall also be taken into account as if it were a period during which such person served as a Secretary, or, as the case may be, a District Judge. ______________________________________________________________ 1. Clause (h) was substituted, by Guj. 22 of 1980 & 3(ii)effective from 5/1/ 5 2. These words were substituted for the words ' for a period of not less than ten years " ibid, 4(i) 3. This proviso was added, ibid, s. 4(ii) 4. Explanations 1 and 2 were substituted for the existing Explanation, ibid, s. 4(iii) Explanation 2. - In sub-section (2), "District Judge ", shall have the meaning assigned to that expression in clause (15) of section 3 of the Bombay General Clauses Act, 1904 ] 4. The term for which the President and other members of Term of office Bom.I of and conditions of 1904 the Tribunal shall hold office and their other conditions of service of members of service shall be such as may be prescribed. Tribunal Power of State 5. The State Government may terminate the appointment of Government to terminate any member of the Tribunal before the expiry of the term of his office appointment before expiry of term if such member - (i) is adjudged an insolvent, or (ii) engages during his term of office in any paid employment outside the duties of his office, or (iii) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body, or (iv) is convicted of an offence involving moral turpitude. Filling of 6. Any vacancy in the membership of the Tribunal shall be Vacancies filled up by the State Government as soon as practicable : Provided that if any member of the Tribunal becomes, by reason of illness or other infirmity, temporarily incapable of performing the duties of his office, the State Government may appoint some other person to discharge his duties for any period not exceeding six months at a time. 6 1 [ 7. (1) During any vacancy or absence on leave or otherwise of Discharge of functions by President or member the President during vacancy or absence (a) in a case where the Tribunal consists of two members, the other member, and (b) in a case where the Tribunal consists of more than two members such other member as may be authorised by the State Government by a general or special order, shall perform the functions of the President (2) During any vacancy or absence on leave or otherwise of a member other than the President, - (a) in a case where the Tribunal consists of two members, the President and (b) in a case where the Tribunal consists of more than two members, the President and the other remaining members, may act as Tribunal as if the Tribunal consisted of only the President or, as the case may be, the President and such other members. ] ___________________________________________________________________ 1. Section 7 was substituted by Guj. 22 of 1980 s.5. 8 (1) If the members of the Tribunal are divided in opinion, the decision shall Power of Tribunal to be according to the decision of the majority, but if the members are equally make regulations divided, the decision shall be according to the decision of the President. (2) Subject to the provision contained in sub-section (1) and the previous sanction of the State Government, the Tribunal shall, for the purpose of regulating its procedure (including the place or places at which it shall hold its sittings and the formation of its Benches, if necessary ) and the effective discharge of its functions and disposal of its business, make regulations consistent with the provisions of this Act and the rules made thereunder. (3) The regulations made under sub-section (2) shall be published in the Official Gazette. 7 Head-quarters 9. The headquarters of the Tribunal shall be at such place as the State of Tribunal Government may, by notified order, determine. Jurisdiction of 10. The Tribunal shall have jurisdiction to hear and decide -- the Tribunal (a) appeals filed by specified civil servants under section 11; (b) any application filed by the State Government under section 12; (c) appeals and applications transferred to it under section 21. Appeal by 11. (1) Any specified civil servant aggrieved by an original or specified civil servants appellate order or decision of any officer or authority other than the State Government with respect to any of the matters specified in the Schedule may, within a period of ninety days from the date of such order or decision, in a case where an appeal lies under law to the State Government: Provided that an appeal against any such order or decision passed before the date on which the Tribunal is constituted under section 3 may be filed within the period of ninety days as aforesaid or within a period of one month from such date, whichever period expires later : Guj.5 of 1980 1 [ Provided further that a specified civil servant to whom right to appeal under sub-section (1) accrues as a result of the amendments made in this Act by the Gujarat civil Services Tribunal (Amendment) Act, 1980 (hereinafter in this Act referred to as " the Amending Act" ) shall be entitled to file an appeal against any such order or decision passed before the date of the commencement of the Amending Act within the period of ninety days as aforesaid or within a period of one month from the aforesaid date, whichever period expires later.] (2) No such appeal or an appeal transferred to it under section 21 shall be decided by the Tribunal without giving to the officer or authority against whose order 8 or decision it is filed, an opportunity of placing his or, as the case may be, its views before the Tribunal. ___________________________________________________________________ 1. This proviso was inserted, by Guj. 22 of 1980 s.6. Power of State 12. (1) Where it appears to the State Government that any order or Government to apply decision of any officer or authority in relation to any specified civil for modification, or annulment of order or servant with respect to any of the matters specified in the Schedule decision. against which an appeal lies to the Tribunal under section 11 require to be modified, annulled or reversed -- (i) on the ground that it is contrary to law, or (ii) on the ground that it is inconsistent with the material on record, or (iii) for any other sufficient reason in the interest of justice, the State Government may, within a period of ninety days from the date of such order or decision, make an application to the Tribunal to modify, annul or reverse such order or decision. (2) No such application shall be decided by the Tribunal without notice being given to the civil servant concerned to appear and be heard in support of such order or decision. State Government 1[12A. (1) If at any stage in any proceedings before the Tribunal it to be heard in certain cases appears to the Tribunal that the proceedings raise a question, as to the interpretation of a law, which is of such a nature and of such public importance that it is expedient to issue notice to the State Government, the Tribunal shall issue notice to the Government and the Government may, if it thinks fit, appear and the Tribunal shall then hear the State Government before deciding the question. (2) If it appears to the State Government that in its opinion the interpretation of a provision of law in any proceeding before the Tribunal is of such a nature and of such public importance that it is expedient that the State Government be heard before 9 decision of the question, it may apply to the Tribunal in such proceedings to be heard, and the Tribunal shall not decide the question without hearing the State Government. Review 12B The Tribunal may of its own motion or on the application made by a specified civil servant aggrieved by any decision or order of the Tribunal within two months from the date of communication of such decision or order to him, review such decision or order on any of the following grounds, namely :- (1) that some new or important matter or evidence which could not be discovered earlier after the exercise of due diligence and which was likely to materially affect the decision or order of the Tribunal was discovered after such decision or order ; or (2) that there was some mistake or error apparent on the face of the record; or (3) that the decision or order required to be reviewed for any other sufficient reason : _____________________________________________________________________ 1.. Sections 12-A and 12-B were inserted by Guj. 22 of 1980 , s. 7. Provided that no such review shall be made after the expiry of a period of two years from the date of the decision or order concerned.] Tribunal to have powers 13 (1) For the purpose of exercising its jurisdiction under this Act, the of Court Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 in respect of the following matters, namely :- V of 1908 (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; (d) any other matter which may be prescribed. (2) The Tribunal shall be deemed to be a court for the purpose of 86 of 1963 section 5 of the Limitation Act, 1963 10 Proceedings 14 All proceedings before the Tribunal shall be deemed to be judicial before Tribunal to be judicial proceedings within the meaning of sections 193, 219 and 228 proceedings XLV of 1860 of the Indian Penal Code. 15 All members of the Tribunal shall be deemed to be public Members of XLV of 1860 Tribunal to be servants within the meaning of section 21 of the Indian Penal public servants Code. 1 [ 16. (1) No Civil Court shall have jurisdiction to deal with or decide Bar of Jurisdiction of any question which by or under this Act is required to be or can be dealt Civil Courts with or decided by the Tribunal under the provisions of this Act: Provided that any proceeding in relation to any such question which may be pending in any Civil Court immediately before the date of the commencement of the Amending Act shall be continued in, and disposed of by, such Court as if the said Act had not been passed. (2) Every decision of the Tribunal passed under this Act shall be final and shall not be called in question before any Civil Court or any other authority. Manner of 16 A All orders passed by the Tribunal shall be executed in the same executive orders passed by Tribunal manner in which similar orders, if passed by the State Government, could have been executed.] 17 No legal practitioner shall be allowed to appear in any proceedings Bar to appearance before the Tribunal except with the permission of the Tribunal. of legal practitioners 18 Notwithstanding anything contained in the Bombay Bom.XXX VI Exemption from of 1959 payment of Court Court Fees Act, 1959 , no court fee shall be levied on any fees appeal or application made to the Tribunal under this Act. __________________________________________________________ 1.Sections 16 and 16-A were substituted for section 16, by Guj.22 of 1980,s.8 11 [Sec.18A Records to be open to inspection and extracts and copies to be given therefrom. Subject to such rules and the payment of such fees as the State Government may from time to time prescribe in this behalf, the records of the Tribunal shall be open to the inspection of the public at reasonable hours, and certified extracts from the same or the certified copies thereof shall be given to any person applying for the same] Sec. 19. Amendment of Schedule. The State Government may, by notification in the Official Gazette, add to the Schedule any entry relating to any matter affecting specified civil servants and thereupon the Schedule shall be deemed to have been amended accordingly for the purposes of this Act. Sec.20 Rules (1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to recession by the State Legislature or to such modification as the State Legislature may make, during the session in which they are so laid or the session immediately following. ________________________________________________________________ 1. Sec. 18-A was inserted by Guj. 22 of 1980, sec. 9 (3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect. 1[ Sec.21 . Bar of jurisdiction of Government and transfer of pending proceedings to Tribunal. (1) Notwithstanding anything contained in the Gujarat Panchayats Act 1961, (Guj. VI of 1962) or any other law for the time being in force, neither the State Government nor any Officer or authority empowered to exercise the powers of the State Government shall, with effect on and from the date on which the Tribunal is constituted uder section 3, be competent to entertain or hear appeals or 12 applications against, or to revise, orders or decisions of any officer or authority in relation to specified civil servants with respect to any of the matters specified in the Schedule, in cases where an appeal lies to the Tribunal against such orders or decisions under section 11; and all such appeals or applications and other proceedings in such cases pending on the said date before the State Government r any Officer or authority as aforesaid shall stand transferred to the Tribunal for disposal in accordance with the provisions of this Act ] 2[(2)] All such appeals, applications or other proceedings in such cases filed by or relating to specified civil servants to whom right to appeal under sub-section (1) of section 11 may have accrued as a result of the amendments made in this Act by the Amending Act, which may be pending on the date of the commencement of the Amending Act before the State Government or any officer authority as aforesaid shall stand transferred to the Tribunal for disposal in accordance with the provisions of this Act.] _____________________________________________________________________ 1. Sec. 21 was renumbered as sub-sec.(1) of that section by Guj. 22 of 1980 , sec., 10 2. Sub-=sec. (2) was inserted, ibid. THE SCHEDULE (See sections 11,12,19 and 21.) (1) Dismissal or removal from service or reduction in rank. (2) Reduction of pay or to a lower time -scale of pay. (3) Non-confirmation in service. (4) Non-promotion to a higher post. (5) Reversion to a lower post. (6) Discharge from service 1[(7) Compulsory retirement] 2[(8) Reduction to a lower stage in the time -scale of pay for a specified period (9) Censure (10) Reduction in or withholding the pension or denial of the maximum pension 13 admissible under the rules. (11) Withtholding of increments (12) Stoppage at Efficiency Bar in time-scale of pay. (13) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders.] _______________________________________________________________ 1. Entry (7) was added vide G.N., G.A.D.No. GS/77/60/CST-1177-IIG dated the 22nd April, 1977 2. Entries (8) to (13) were added vide G.N., G.A.D. No. GS/78/2/CST/1177/II/G dated the 3rd January, 1978.