The Gujarat Higher Secondary Schools Services Tribunal Act, 1983

Short title, extent and commencement.

1. (1) This Act may be called the Gujarat Higher Secondary Schools Services Tribunal Act, 1983.
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) "Employee" means a member of the teaching or non-teaching staff of a higher secondary school;
2. (b) "Headmaster" means the head of a higher secondary school (by whatever name called);
3. (c) "Higher secondary education" means such education as is equivalent to the education imparted in the first two standards of the higher secondary course or the junior college course or the pre-university course;
4. (d) "Higher secondary school" means an institution imparting higher secondary education and includes a post-basic higher secondary school;
5. (e) "Non-teaching staff" means the members of the staff of a higher secondary school other than the headmaster and teaching staff;
6. (f) "Notified order" means an order published in the Official Gazette;
7. (g) "Post-basic higher secondary school" means an institution imparting higher secondary education in accordance with the basic pattern;
8. (h) "Tribunal" means the Gujarat Higher Secondary Schools Services Tribunal constituted under section 3.

Constitution of Tribunal.

1. (1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal for the purposes of this Act.
2. (2) The Tribunal shall consist of one member to be appointed by the State Government.
3. (3) A person shall not be qualified for appointment as a member of the Tribunal unless he is or has been a District Judge or has held a judicial office in the State for a period of not less than ten years.

Term of office of members of Tribunal.

1. (1) A person appointed as a member of the Tribunal shall hold office for a period of three years from the date on which he enters upon his office: Provided that the State Government may, if in its opinion it is necessary or expedient in the public interest so to do, extend the term of office of such member for such further period or periods as it may deem fit.
2. (2) A member of the Tribunal may, by writing under his hand addressed to the State Government, resign his office.
3. (3) The State Government may remove from office any member of the Tribunal who—
   • (a) is adjudged an insolvent;
   • (b) is convicted of an offence which involves moral turpitude;
   • (c) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body;
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member of the Tribunal;
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest.

Salaries and allowances and other conditions of service of members of Tribunal.—

1. (1) The Presiding Officer and other members of the Tribunal shall be paid such salaries and allowances and shall be subject to such other conditions of service as may be prescribed.

Staff of Tribunal.—

1. (1) The State Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.
2. (2) The salaries and allowances and other conditions of service of the officers and other employees provided to the Tribunal shall be such as may be prescribed.

Jurisdiction of Tribunal

1. (1) Notwithstanding anything contained in any law for the time being in force, or any judgment, decree or order of any Court, the Tribunal shall have jurisdiction to entertain and decide all disputes relating to the matters of service of the employees of the higher secondary schools, arising out of any order passed by any authority, or any action of the management of the higher secondary school, which affects the service conditions of the employees.
2. (2) The Tribunal shall have power to issue such directions or orders as it may deem fit to the management of any higher secondary school or to any authority for the purpose of ensuring that the service conditions of the employees are not adversely affected and the management or authority concerned shall be bound to comply with such directions or orders.

Appeal to Tribunal Appeal to Tribunal

1. (1) Any employee aggrieved by any order passed by any authority or by any action of the management of the higher secondary school, may prefer an appeal to the Tribunal within such time and in such manner as may be prescribed.
2. (2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity of being heard to the parties concerned, and after making such inquiry as it deems fit, pass such order as it thinks proper, including an order for the reinstatement of the employee or for payment of such compensation as it may deem just and equitable.
3. (3) The order passed by the Tribunal under sub-section
4. (2) shall be final and conclusive and shall not be called in question in any Court.

Procedure to be followed by Tribunal.

1. (1) The Tribunal shall, in the disposal of any appeal or application, follow such procedure as may be prescribed by rules made under this Act.
2. (2) Subject to the provisions of this Act and the rules made thereunder, the Tribunal shall have power to regulate its own procedure.

Powers of Tribunal.

1. (1) For the purpose of exercising its powers and discharging its functions under this Act, the Tribunal shall have all the powers of a civil court while trying a suit 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 any document;
   • (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) 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.

Decision of Tribunal to be final and binding.—

1. (1) The decision of the Tribunal on any appeal referred to it shall be final and binding on the parties and shall not be called in question in any civil court.
2. (2) The decision of the Tribunal shall be executed by the Tribunal in the same manner as if it were a decree of a Civil Court.

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 procedure to be followed by the Tribunal under sub-section
3. (2) of section 7;
   • (b) any other matter which is to be or may be prescribed by rules.
4. (3) 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 such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
5. (4) Any such modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

-1 13. Repeal and saving

1. (1) On the commencement of this Act, the Gujarat Higher Secondary Schools Services Tribunal Ordinance, 1983 (Guj. Ord. 2 of 1983) shall stand repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.