The Gujarat Educational Institutions Services Tribunal Act, 2006.

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Extra No. 21 REGISTERED No. L2/RNP/G/GNR/84
cllK it C-tcU'Sm-ti 6* 31. 3 0 0 0 / -
il ✓ •j •ujarat <& obernm ent ©alette<
Vol. LIV]
EXTRAORDINARY
PUBLISHED BY AUTHORITY
SATURDAY, NOVEMBER 2, 2013/KARTIKA 11, 1935
Separate paging is given to this Part in order that it may be filed as a Separate Compilation
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and
Regulations made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the
t V i
President on the 18 October, 2013 is hereby published for general information.
ARVIND AGARWAL,
Principal Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 20 OF 2013.
(First published, after having received the assent of the President, in 
the "Gujarat Government Gazette", on the 2nd November, 2013).
A N  ACT
to consolidate and amend the laws relating to Educational Tribunals so as to 
bring about uniformity therein and to provide for the constitution of a tribunal 
for the purpose of determining disputes relating to conditions of service of the 
members of the teaching and non-teaching staff of the educational institutions
in the State and for the matters connected therewith.
It is hereby enacted in the Fifty-seventh Year of the Republic of India 
as follows:-
Short title, 
extent and 
commencement.
(2) It extends to the whole of the State of Gujarat.
IV-Ex.-21  -1 21-1

21-2
Definitions.
TTK Ex, 02-11-2013 [PART- IV
V  »
.  i
• w .
(3)
provisions
This remain*
Government
Official
2. In this Act, unless the context otherwise requires ,-
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
a)
(k )
"appointed day" means the date on which the remaining 
provisions of this Act come into force under sub-section 
(3) of section 1;
"college" means a college affiliated to a University;
"educational institution" means a University, College, 
Higher Secondary School, Secondary School and the 
Primary School;
"employee" means the any member of the teaching and 
non-teaching staff of the educational institution (whether 
confirmed or temporary or on probation) in service of 
such institution and for the purpose of any proceeding 
under this Act in relation to a dispute referred to in 
section 10, includes any such member who has been 
dismissed or removed or whose services are otherwise 
terminated;
"existing tribunal" means the tribunal established or 
constituted under the relevant Act;
"member" means a member of the tribunal and includes 
the President;
"prescribed" means prescribed by rules made under this 
Act;
"Primary School" shall have the same meaning 
assigned to it in the Bombay Primary Education Act, 
1947;
Bom. LXI of 
1947.
"relevant Act" means the Bombay Primary Education
Act, 1 9 4 7 , the Gujarat Secondary and Higher Secondary Bom. l x i of 1947.
Education Act, 1972, the Gujarat Affiliated Colleges Guj. is of 1973.
Services Tribunal Act, 1982, the Gujarat Higher i 2°of 1983
Secondary School Services Tribunal Act, 1983 or, as Guj. lofms. 
the case may be, the Gujarat Universities Services 
Tribunal Act, 1983;
"repealed law" means the Acts repealed by this Act;
"Secondary School" and "Higher Secondary School" 
shall have the same meaning assigned to them in the 
Gujarat Secondary and Higher Secondary Education Guj. is of 1973.
Act, 1972;
(1) "tribunal" means the Gujarat Educational Institutions
Services Tribunal established under section 3;

PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 02-11-2013 21-3
Bom. L of 1949. 
Baroda Act No.  
XVII of 1949. 
Bom. XL of 1955.
Guj. 38 of 1965. 
Guj. 39 of 1965. 
Guj. 26 of 1978. 
Guj. 22 of 1986. 
Guj. 5 of 2003.
>
V
(m) "University" means a University constituted under the
Gujarat University Act, 1949, the Maharaja Sayajirao 
University of Baroda Act, 1949, the Sardar Patel 
University Act, 1955, the Veer Narmad South Gujarat 
University Act, 1965, the Saurashtra University Act, 
1965, the Bhavnagar University Act, 1978, the 
Hemchandracharya North Gujarat University Act, 1986 
or, as the case may be, the Krantiguru Shyamji Krishna 
Verma Kachchh University Act, 2003.
ESTABLISHMENT OF TRIBUNAL AND ITS JURISDICTION,
POWERS AND FUNCTIONS
3. (1) There shall be established by the State Government by a 
notification in Official Gazette,  the tribunal to be called the "Gujarat 
Educational Institutions Services Tribunal";
(2) The Tribunal shall consist of the President and such number of Judicial 
and Administrative members as may be appointed by the State Government.
4. (1) No person shall be qualified for appointment as a,—
(a) judicial member unless he is or has been a District Judge for 
at least three years;
n
(b) administrative member unless he is or has been a Secretary to 
the Government of Gujarat for at least three years.
(2) The Judicial member who has been so appointed shall be the President 
and where more than one judicial members have been appointed as members,
the senior most judicial member shall be the President of the Tribunal.
*
5. (1) The member shall hold office for a term of five years from the date
on which he enters upon his office and may be eligible for reappointment for 
another term of five years:
Provided that no member shall hold office as such after he has attained 
the age of sixty-five years.
(2) A member may, by notice in writing under his hand address to the State 
Government, resign his office and such resignation shall take effect from the 
date it is accepted by the State Government.
(3) The salaries and allowances payable to, and other terms and conditions 
of service of member shall be such as may be prescribed.
6. (1) If any vacancy occurs by reason of the death, resignation, expiry of 
term of appointment or termination of appointment of the member or for any
Constitution of 
Gujarat 
Educational 
Institutions 
Services Tribunal.
Appointment
and
qualifications of 
member.
Term of office 
and conditions 
of service of 
member of 
Tribunal.
Filling up of 
vacancies.

21-4 GUJARAT GOVERNMENT GAZETTE, Ex, 02-11-2013 [PART- IV
Power of State 
Government to 
terminate 
appointment 
of member.
Headquarters 
of Tribunal.
Jurisdiction of 
Tribunal.
Practice and 
procedure of 
Tribunal.
other cause whatsoever, such vacancy shall be filled in by the State 
Government as soon as practicable, by appointment of duly qualified person.
(2) If any member becomes by reason of illness or other infirmity, 
temporarily incapable for performing the duties of his office, the State 
Government may appoint some other duly qualified person to discharge his 
duties for any period not exceeding six months at a time.
7. The State Government may terminate the appointment of any member 
before the expiry of the term of his office, if he-
(i) has been adjudged an insolvent,
(ii) engages during his term of office in any paid employment
outside the duties of his office,
(iii) has in the opinion of the State Government, become physically or
mentally incapable of acting as a member,
(iv) has been convicted of an offence involving moral turpitude, or
(v) has been guilty of proved misbehaviour:
Provided that no member shall be removed from his 
office on the ground of proved misbehaviour unless he has been 
given a reasonable opportunity of being heard in respect of such 
charge.
8. The headquarters of the tribunal shall be at such place as the State 
Government may, by order published in the Official Gazette, determine.
9. The tribunal shall have the jurisdiction to entertain and decide an 
appeal preferred under section 11, an application made under section 12 and 
the cases transferred to it under section 23.
10. (1) All the questions which come before the bench of the tribunal 
shall be decided by the majority and if the members are equally divided, they 
shall state the point or points on which they differ, and the case shall be 
referred to the President for hearing on such points by one or more of the other 
members of the tribunal and such point or points shall be decided according to 
the majority of the members of the tribunal who have heard the case including 
those who first heard it.
(2) The powers of the tribunal shall be exercised by the benches 
constituted by the President of the tribunal and every bench of the tribunal 
shall consist of two members out of which one shall be a judicial member 
referred to in clause (a) of sub-section (1) of section 4.
(3) The tribunal may, with the previous sanction of the State Government 
make regulations consistent with the provisions of this Act and rules made 
thereunder for regulating its procedure (including the place of its sittings, the 
formation of its benches and the award of cost) for the purpose of effective 
discharge of its functions and disposal of its business:
Provided that until such regulations are made under this sub-section, 
the tribunal may adopt the regulations made by any of the existing tribunal 
functioning prior to commencement of this Act.

PART- IV] 21-5GUJARAT GOVERNMENT GAZETTE, Ex, 02-11 -2013
11. (1) An employee aggrieved by an original order or appellate order or 
decision of the educational institution which is connected with the conditions 
of service of such employee or, as the case may be, the educational institution, 
may, within a period of sixty days from the date of such order or decision, 
appeal to the tribunal.
(2) Notwithstanding anything contained in sub-section (1), the tribunal 
may entertain an appeal made to it after the expiry of the period of ninety 
days, if it is satisfied that the appellant has sufficient cause for not preferring 
the appeal within that period.
12. (1) If at any stage in any proceeding 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 State Government and the Government may, if it thinks fit, 
appear and the tribunal shall then hear the State Government before deciding 
the question.
r
(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 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.
13. The tribunal may of its own motion or on the application made^bv the 
employee or the educational institution aggrieved by any decision or order of 
the tribunal within sixty days from the date of communication of such decision 
or order, review such decision or order on any of the following grounds, 
namely :-
(a) 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
(b) that there was some mistake of facts or error apparent on the face of the
record; or
(c) that the decision or order required to be reviewed for any other
sufficient reason:
Provided that the tribunal shall not allow any review petition and set- 
aside its previous order or decision without hearing the parties affected:
Appeal.
State
Government to 
be heard in 
certain cases.
Review.

21-6 GUJARAT GOVERNMENT GAZETTE, Ex, 02-11-2013 [PART- IV
Tribunal to have 
powers of Court.
Proceedings before 
Tribunal to be 
judicial 
proceedings.
Members of 
Tribunal to be 
public servants.
Decision of 
Tribunal final.
Payment of 
court fees.
Records to be open 
to inspection and 
extracts and copies 
to be given.
Protection of 
action taken in 
good faith.
Power to make 
rules.
Provided further that no such review shall be made after the expiry of a 
period of two years from the date of decision or order concerned.
14. For the purpose of exercising its jurisdiction under this Act, the 
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:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;<r
(b) requiring the discovery and production of documents;
(c) issuing commissions for the examination of witnesses;
(d) any other matter which may be prescribed.
15. 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.
16. All members of the tribunal shall be deemed to be public servants 
within the meaning of section 21 of the Indian Penal Code.
17. Every decision of the tribunal passed under this Act shall be final and 
conclusive and shall not be called in question before any Civil Court.
18. Notwithstanding anything contained in the Gujarat Court-fees Act, 
2004, every appeal or application made to the tribunal shall be accompanied 
by such fees as may be prescribed.
19. 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.
20. No suit, prosecution or other legal proceeding shall lie against the State 
Government, President, members or staff of the tribunal or any other person, 
for anything which is in good faith done or intended to be done in pursuance 
of this Act or rules, regulations or orders made thereunder.
21. (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:
V of 1908.
45 of 1860.
45 of 1860.
Guj. 4 of 2004.

Provided that if the State Government is satisfied that the 
circumstances exists which render it necessary to take immediate action, it 
may dispense with the previous publication of any rule to be made under this 
section.
(2) All rules made under this section shall be laid, for not less than thirty 
days, before the State Legislature as soon as may be after they are made and 
shall be subject to rescission 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.
(3) Any rescission or modification so made by the State Legislature shall 
be published in the Official Gazette, and shall thereupon take effect.
22. (1) On the appointed day, all the existing tribunals established or 
constituted under the relevant Act shall stand abolished.
*
(2) All the persons appointed as a tribunal under the relevant Act shall 
cease to hold office as such on the appointed day and shall be deemed to have 
vacated their office.
23. All the applications, appeals and other proceedings pending before the 
existing tribunals immediately before the appointed day shall stand 
transferred to the tribunal on the appointed day and all such applications, 
appeals and proceedings shall be continued and disposed of by the tribunal as 
if they were filed before it under this Act.
J  r  a %
24. The Acts "specified in column-(l) ofthe-Sehedule are hereby amended 
in the manner and to the extent specified against it in column (2) thereof with 
effect on and from the date on which the tribunal is constituted under 
section 3.
25. (1) If any difficulty arises in giving effect to the provisions of this Act, 
the State Government may, by general or special order published in the 
Official Gazette, make such provisions not inconsistent with the provisions of 
this Act, as may appear to it to be necessary or expedient for the purpose of 
removing the difficulty:
Provided that no such order shall be made under this section after the 
expiry of two years from the date of commencement of this Act.
PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 02-11-2013 21-7
Abolition of
existing
Tribunals.
Transfer of
pending
cases.
Amendment 
of certain 
Acts.
Power to
remove
difficulties.
(2) Every order made under this section shall be laid, as soon as may be after 
it is made, before the State legislature.

Repeal and
savings.
21-8
2 6 . (1 ) On the appointed day, the Gujarat Affiliated Colleges Services Guj. 9 of i?82.
Tribunal Act, 1982, the Gujarat Higher Secondary Schools Services Tribunal Gu*12 of 1983- 
Act, 1983 and the Gujarat Universities Services Tribunal Act, 1983 shall G“j- 
stand repealed.
(2) Notwithstanding such repeal, the provisions of section 7 of the Bombay Bom. i of 1904. 
General Clauses Act, 1904 shall apply in relation to the repeal law as if it had 
been an enactment within the meaning of the said section 7.
SCHEDULE
( See section 24)
GUJARAT GOVERNMENT GAZETTE, Ex, 02-11-2013 [PART- IV
Title of the Act Extent and manner of amendment
1. The Bombay Primary Education
Act, 1947 (Bom. LXI of 1947).
Clause (c) of the Explanation to 
section 40B, sub-section (5) of 
section 40B and sections 40F and 
40G shall be deleted.
2. The Gujarat Secondary and
Higher Secondary Education 
Act, 1972 (Guj. 18 of 1973).
3. The Krantiguru Shyamji
Krishna V erma Kachchh
University Act, 2003 (Guj. 5 of 
2003).
(1) In section 2, clause (y) shall be
deleted;
(2) in section 36, after the words
"Private Secondary School" 
wherever they occur, the 
words "or registered Private 
Higher Secondary School" 
shall be inserted;
(3) sections 38, 39 and 40 shall be
deleted.
Section 69 shall be deleted.
Government  Central  Press , Gandhinagar

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