The Gujarat Affiliated Colleges Services Tribunal Act, 1982

("Short title, extent and commencement")

1. (1) This Act may be called the Gujarat Affiliated Colleges Services Tribunal Act, 1982.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

("Definitions") In this Act, unless the context otherwise requires,—

1. (a) "Affiliated College" means an affiliated college as defined in the relevant University Act;
2. (b) "College" means an affiliated college;
3. (c) "College employee" means a member of the teaching, non-teaching or other staff of a college;
4. (d) "Relevant University Act" means,—
   • (i) in relation to the Gujarat University, the Gujarat University Act, 1949 (Bom. L of 1949);
   • (ii) in relation to the Maharaja Sayajirao University of Baroda, the Maharaja Sayajirao University of Baroda Act, 1949 (Bom. XVII of 1949);
   • (iii) in relation to the Sardar Patel University, the Sardar Patel University Act, 1955 (Bom. XL of 1955);
   • (iv) in relation to the South Gujarat University, the South Gujarat University Act, 1965 (Guj. 38 of 1965);
   • (v) in relation to the Saurashtra University, the Saurashtra University Act, 1965 (Guj. 39 of 1965);
   • (vi) in relation to the Bhavnagar University, the Bhavnagar University Act, 1978 (Guj. 26 of 1978);
5. (e) "Tribunal" means the Gujarat Affiliated Colleges Services Tribunal constituted under section 3.

Constitution of Tribunal.

1. (1) The State Government shall by notification in the Official Gazette, constitute a Tribunal to be called the Gujarat Affiliated Colleges Services Tribunal for the purposes of this Act.
2. (2) The Tribunal shall consist of one member who shall be a person who is or has been a District Judge or is qualified for appointment as a District Judge.
3. (3) The member of the Tribunal shall be appointed by the State Government.

Term of office of members of Tribunal.

1. (1) The member of the Tribunal shall hold office for a period of three years from the date of his appointment.
2. (2) No person shall be appointed as a member of the Tribunal if he has attained the age of sixty-five years.
3. (3) A member of the Tribunal may, by writing under his hand addressed to the State Government, resign his office: Provided that he shall, unless he is permitted by the State Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such resignation or until a person duly appointed as a successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
4. (4) A member of the Tribunal shall be eligible for re-appointment:

Resignation of member Resignation of member.

1. (1) The Presiding Officer or any other member may, by writing under his hand addressed to the State Government, resign his office: Provided that the Presiding Officer or any such member shall, unless he is permitted by the State Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such resignation or from the date on which his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

Removal of member.

1. (1) The State Government may remove from office the Presiding Officer or any other member who—
   • (a) is adjudged an insolvent; or
   • (b) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
   • (c) has become physically or mentally incapable of acting as such member; or
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such member; or
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest:

Filling of casual vacancies Filling of casual vacancies.

1. (1) If a vacancy occurs in the office of the Presiding Officer by reason of death, resignation or any other cause, the State Government shall, as soon as may be, fill the vacancy in accordance with the provisions of section 4.
2. (2) Until the vacancy is filled under sub-section (1), the State Government may appoint any person eligible to be appointed as the Presiding Officer to act as the Presiding Officer for such period, not exceeding six months, as it may think fit.

Staff of the Tribunal.

1. (1) The State Government shall provide the Tribunal with such staff as it may think necessary.
2. (2) The salaries and allowances and other conditions of service of the staff provided to the Tribunal shall be such as may be prescribed by rules.

Jurisdiction of the Tribunal

1. (1) On and from the appointed day, the Tribunal shall have jurisdiction to entertain and decide such disputes relating to the dismissal, removal, reduction in rank or termination of service of a college employee or the alteration of the terms and conditions of service of a college employee to his disadvantage as may be referred to it by the college employee concerned.
2. (2) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is, by or under this Act, required to be settled, decided or dealt with by the Tribunal.

Powers of the Tribunal

1. (1) The Tribunal shall, for the purposes of exercising its jurisdiction under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), while trying a suit, 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) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) such other matters as may be prescribed.
2. (2) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of 1860) and the Tribunal shall be deemed to be a Civil Court for the purposes of section 195 of the Code of Criminal Procedure, 1973 (2 of 1974).
3. (3) In deciding any dispute referred to it, the Tribunal may pass such order as it deems just and proper, including an order for reinstatement of a college employee or for payment of compensation or an order for costs.
4. (4) Every order passed by the Tribunal shall be final and shall not be called in question in any Civil Court.

Procedure of the Tribunal.

1. (1) The Tribunal shall, in the discharge of its functions under this Act, follow such procedure as may be prescribed by rules made under this Act.
2. (2) The Tribunal shall, for the purpose of deciding any appeal, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908), while trying a suit, 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) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) such other matters as may be prescribed.
3. (3) The Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
4. (4) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (XLV of 1860).

Bar of jurisdiction of courts.

Certain disputes to be deemed to be disputes under relevant University Act Certain disputes to be deemed to be disputes under relevant University Act. —

1. (1) Where any dispute between a college employee and the management of a college is connected with or arises out of dismissal, removal, reduction in rank or termination of service, such dispute shall, if the college employee is not entitled to prefer an appeal to the Tribunal under this Act or if he does not prefer such an appeal, be deemed to be a dispute directed to be decided under the provisions of the relevant University Act.
2. (2) Where a dispute is deemed to be a dispute under the relevant University Act by virtue of sub-section (1), all the provisions of the relevant University Act relating to the settlement of such dispute shall apply to such dispute as if it were a dispute arising under the relevant University Act.

Power to make rules. —

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner in which and the period within which an appeal shall be preferred under section 8;
   • (b) the fees to be paid for preferring an appeal;
   • (c) the procedure to be followed by the Tribunal in deciding an appeal;
   • (d) any other matter which is to be or may be prescribed under this Act.
3. (3) The power to make rules conferred by this section shall be subject to the condition of previous publication.
4. (4) 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 modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
5. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

1. (2) Every order made under sub-section
2. (1) shall be laid, as soon as may be, after it is made, before the State Legislature.