GUJARAT CIVIL SERVICES TRIBUNAL (AMENDMENT) ACT, 1980
GUJARAT ACT NO. 22 OF 1980.
(First published after having received the assent of the Governor in the “Gujarat Government Gazette” on the 17th October, 1980.).
It is hereby enacted in the Thirty-first Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Gujarat Civil Services Tribunal (Amendment) Act, 1980.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of long title of Guj. 2 of 1973.
Guj. 2 of 1973
2. In the Gujarat Civil Services Tribunal Act, 1972 (hereinafter referred to as “the principal Act”), in the long title, for the words “servants of Government and Panchayats holding non-gazetted posts” the words “Officers and servants of the State Government and Panchayats” shall be substituted.
Amendment of section 2 of Guj. 2 of 1973.
3. In the principal Act, in section 2,—
(i) after clause (d), the following clause shall be inserted, namely:—
Bom. XXII of 1951.
Bom. XXXVIII of 1951.
“(da) “police officers” mean police officers governed by the B1;’ Police Act, 1951 or the Bombay State Reserve Police Force Act, 195’:
(ii) for clause (h), the following clause shall be substituted, namely:—
“(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;”.
Amendment of section 3 of Guj. 2 of 1973.
4. In the principal Act, in section 3,—
(i) in sub-section (2), for the words “for a period of not less than ten years” the words “for a period of not less than five years” shall be substituted;
(ii) to sub-section (3), the following proviso shall be added, namely:—
“Provided that no person shall be appointed as such other member of the Tribunal on the basis of experience of matters relating to administration 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.”;
(iii) for the Explanation, the following Explanations shall be substituted, namely:—
“Explanation 1.—In computing the period of three years, or, as the case may be, 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.
Bom. I of 1904.
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.”
Substitution of section 7 of Guj. 3 of 1973 by a new section.
5. In the principal Act, for section 7, the following section shall be substituted, namely:-
Discharge of functions by President or member during vacancy or absence.
“7. (1) During any vacancy or absence on leave or otherwise of the President,—
(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.”.
Amendment of section 11 of Guj. 2 of 1973.
6. In the principal Act, in section 11, in sub-section (1), after the proviso, the following further proviso shall be inserted, namely:-
Guj. 22 of 1980.
“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.”.
Insertion of new sections 12A and 12B in Guj. 2 of 1973.
7. In the principal Act, after section 12, the following new sections shall be inserted, namely:—
State Government to be heard in certain cases.
“12A. (1) If at any stage in any proceedings before the Tribunal it 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 proceedings before the Tribunal is of such a nature and of such public importance that it is expedient that the State Government be heard before 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:
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.”.
Substitutions of section 16 of Guj. 8 of 1973 by new sections.
8. In the principal Act, for section 16, the following sections shall be substituted, namely:-
Bar of jurisdiction of Civil Courts.
“16. (1) No Civil Court shall have jurisdiction to deal with or decide any question which by or under this Act is required to be or can be dealt 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 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 executing orders passed by Tribunal.
16A. All orders passed by the Tribunal shall be executed in the same manner in which similar orders, if passed by the State Government, could have been executed.”.
Insertion of new section 18A in Guj. 2 of 1973.
9. In the principal Act, after section 18, the following section shall be inserted, namely:—
Records to be open to inspection and extracts and copies to be given therefrom.
“18A. 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.”.
Amendment of section 21 of Guj. 2 of 1973.
10. In the principal Act, section 21 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—
“(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 or authority as aforesaid shall stand transferred to the Tribunal for disposal in accordance with the provisions of this Act.”. |
