LexThe Gujarat Civil Services Tribunal Act
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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 Service s 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
Tribunal Act, 1972
(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
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;
Short title, extent
and commence
ment
Definitions
3
(d) "Panchayat Service " means the Panchayat Service as constituted
under section 203 of the Gujarat Panchayats Act, 1961
3[ (da) "police officers " mean police officers governed by the Bombay
Police Act, 1951 or the Bombay State Reserve Police Force Act,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.
Guj.
VI of
1962
Bom.X
XX of
1951
Bom
XXX
VIII of
1951
4
3. (1) For the purpose of securing in a more effective and satisfactory
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/
Constitution
of Tribunal
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
the Tribunal shall hold office and their other conditions of
service shall be such as may be prescribed.
5. The State Government may terminate the appointment of
any member of the Tribunal before the expiry of the term of his office
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.
6. Any vacancy in the membership of the Tribunal shall be
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.
Bom.I of
1904
Term of office
and conditions of
service of
members of
Tribunal
Power of State
Government to
terminate
appointment before
expiry of term
Filling of
Vacancies
6
1 [ 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. ]
___________________________________________________________________
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 sha ll
be according to the decision of the majority, but if the members are equally
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.
Discharge of functions
by President or member
during vacancy or
absence
Power of
Tribunal to
make
regulations
7
9. The headquarters of the Tribunal shall be at such place as the State
Government may, by notified order, determine.
10. The Tribunal shall have jurisdiction to hear and decide --
(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.
11. (1) Any specified civil servant aggrieved by an original or
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 :
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 pas sed 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
Head-quarters
of Tribunal
Jurisdiction of
the Tribunal
Appeal by
specified civil
servants
Guj.5 of
1980
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.
12. (1) Where it appears to the State Government that any order or
decision of any officer or authority in relation to any specified civil
servant with respect to any of the matters specified in the Schedule
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 G overnment 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 applicatio n 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.
1[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 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
Power of State
Government to apply
for modification, or
annulment of order or
decision.
State Government
to be heard in
certain cases
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.
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 communicatio n 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.]
13 (1) For the purpose of exercising its jurisdiction under this Act, the
Tribunal sha ll 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 :-
(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
section 5 of the Limitation Act, 1963
Review
Tribunal to
have powers
of Court
V of 1908
86 of 1963
10
14 All proceedings before the Tribunal shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228
of the Indian Penal Code.
15 All members of the Tribunal shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal
Code.
1 [ 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 Ame nding 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.
16 A 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.]
17 No legal practitioner shall be allowed to appear in any proceedings
before the Tribunal except with the permission of the Tribunal.
18 Notwithstanding anything contained in t he Bombay
Court Fees Act, 1959 , no court fee shall be levied on any
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
Proceedings
before Tribunal
to be judicial
proceedings XLV of 1860
Members of
Tribunal to be
public servants
XLV of 1860
Bar of
Jurisdiction of
Civil Courts
Manner of
executive orders
passed by Tribunal
Bar to appearance
of legal
practitioners
Exemption from
payment of Court
fees
Bom.XXX VI
of 1959
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 rule s 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, dur ing 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 mat ters 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 spec ified 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 Stat e 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.