Chapter II CONSTITUTION OF TRIBUNAL.

(1) The State Government shall, by notification in the Official Gazette, establish a Tribunal to be called the Gujarat Public Works Contract Disputes Arbitration Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

(2) The Tribunal shall be consist of the Chairman and such number of other members as may be appointed by Government.

(3) No person shall be qualified for appointment-

(a) as the Chairmain, unless he is, or has been a Judge of High Court, and

(b) as a member of the Tribunal, unless he-

(i) is, or has been, a District Judge, for at least five years, or

(ii) is, or has been, a Secretary to the Government of Gujarat for at least three years, or

(iii) is, or has been, a Chief Engineer of the Government of Gujarat for at least three years.

(1) The Chairmain and a member of the Tribunal shall hold office for a term of three years from the date on which he assumes his office or until he attains,-

(a) in the case of the Chairman, the age of sixty-five years; and

(b) in the case of any other member, the age of sixty-two years, whichever is earlier,

(2) The salaries and allowances, payable to, and other terms and conditons of service of the Chairman and other members shall be such as may be prescribed :

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or other members shall be varied to his disadvantage after his appointment.

(3) (a) The Chairman or other member may, by notice in writing under his hand addressed to the State Government, resign his office.

(b) The Chairman or any member shall not be removed from his office before the expiry of the term of his office except by an order of the State Government on the ground of proved misbehaviour or incapacity after an inquiry made by the Chief Justice of the High Court in which such Chairman or other member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(c) The inquiry clause (b) shall be made in such manner as may be prescribed.

(1) If any vacancy occurs by reason of the death, resignation or expiry of term of appointment, or removal of the Chairman or other member, or for any other cause whatsoever, such vacancy shall be filled in by appointment of a duly qualified person.

(2) If any member becomes, by reason of illness or other infirmity, temporarily incapable of 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 and the person so appointed shall during that period have the same powers as the person in whose place he is appointed.

(3) The Tribunal shall not deemed to be invalidly constituted merely by reason of any vacancy or temporary absence referred to in sub-section (1) or (2).

(1) The Tribunal may, with the previous approval of the State Government, appoint such number of officers and servants of the Tribunal as it my think fit.

(2) The salaries and the allowances payable to, and other conditions of service of, the officers and servants of the Tribunal shall be such as may be prescribed.

(1) The headquarters of the Tribunal shall be at such place as the Mate Government may, by an order published in the Official Gazette, determine.

(2) Notwithstanding anything contained in sub-section (1) the Tribunal may sit at such other place or places, other then the place at its headquarters, as the Tribunal may, with the approval of the State Government, appoint.